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HomeMy WebLinkAboutContract 62369CSC No. 62369 THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT This lnterlocal Agreement is between Tarrant County, Texas ("COUNTY"), and the City of Fort Worth ("CITY"). WHEREAS, the CITY is requesting the COUNTY's assistance to: Full Depth Reclamation for Rendon Road, located within the City of Fort Worth, from Little Road to Retta Mansfield Road being Approximately 45,000 Square Yards with two inches of type B and type D asphalt • Remove Corrugated Metal Pipe and replace with 'Reinforced Concrete Pipe at various locations within the City of Fort Worth Right of Way and within the limits of the project and replace two inches of type B and type D asphalt 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; C. The division of costs fairly compensates both parties to this Agreement; and d. The CITY and the COUNTY have authorized their representatives to sign this Agreement. NOW, THEREFORE, the COUNTY and the CITY agree as follows: OFFICIAL RECORD TERMS AND CONDITIONS CITY SECRETARY FT. WORTH, TX COUNTY RESPONSIBILITY The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project: COUNTY will utilize CITY vendor to mill and remove excess materials, the COUNTY will reclaim and stabilize the exposed subgrade, regrade, shape, and prime the stabilized roadbed, place two inches of asphalt base, place two inches of asphalt surface, backfill pavement edges (materials must be stockpiled or available within proximity to the project) and clean the project of excessive spoil materials. COUNTY will remove and replace all CITY identified Corrugated Metal Pipe Culverts and replace with Reinforced Concrete Pipe Culverts. Backfill/bedding will be done with Flex Base and the pavement subgrade will be stabilized roadbed, place two inches of asphalt base, place two inches of asphalt surface. 2. CITY RESPONSIBILITY 2.1 The CITY will furnish and pay for the actual cost of the materials, including any delivery or freight cost, for the Project. The CITY will provide the COUNTY with a purchase order and will be billed directly by the material supplier. The COUNTY may accumulate and bill the CITY for incidental material cost. (Estimated Material Cost not to exceed: $1,044,138.15). 2.2The CITY will pay the COUNTY for the cost of the removing the corrugated metal pipe culverts and rep lacement/installation of the reinforced concrete pipe culverts including the backfill and bedding material for the PROJECT. The COUNTY may accumulate and bill the CITY for incidental material cost. (Estimated Material Cost not to exceed: $26,330.54). 2.3The CITY will pay one-half of the COUNTY'S fuel cost incurred forthe Project. The COUNTY will invoice the CITY for one-half of the cost of the fuel consumed at the conclusion of the project. If the COUNTY has begun work on the Project but the work has not been completed at the termination of this Agreement, the CITY is still obligated to pay its share of the COUNTY'S fuel cost incurred for the Project up to the date of termination of this Agreement. (Estimated Fuel Cost not to exceed $9,546.50). 2AThe CITY will be responsible for all traffic control necessary to safely construct. the project. This responsibility includes all advance notices, signage, barricades, pilot vehicles, and flagmen necessary to control traffic in and around the construction site. The CITY will be responsible for and will provide portable message boards to supplement traffic control as needed. The CITY will supply the COUNTY with a purchase order for the appropriate traffic control vendor to cover project needs prior to mobilization of any equipment (Estimated Cost up to $37,302.00). 2.5The CITY will be responsible for providing or reimbursing. the COUNTY for all temporary and/or permanent striping required for the project (Estimated Cost up to $2,553.50). 2.6The CITY will be responsible to provide the milling and removal of excess road base materials for the project (Estimated Cost up to $230,106,50). 2.7The CITY will reimburse the COUNTY for actual cost of any overtime hours the CITY requires the COUNTY to provide watering the roadway for dust control after regular work hours. (Estimated Cost up to $3,650.00). 2.8The CITY will adjust all utilities, manholes and valve boxes necessary to construct any and all parts of this Project. 2.9The CITY will provide the COUNTY with a hydrant meter and all water necessary for construction of the Project at no cost to the -COUNTY. 2.10 The CITY will furnish all rights of way, plan specifications, engineering drawings, survey, and laboratory testing required for construction of any and all parts of this Project. 2.11 CITY will notify and get clearance from other CITY utility departments and franchise utilities prior to entering into agreement. If any of the utilities are shallow and must be relocated, the CITY shall confirm the relocation is complete prior to scheduling the project. 2.12 The CITY will furnish a dump site within close proximity to the Project for the COUNTY to dump all spoils and waste materials generated during construction of this Project as needed. 2.13 The CITY shall remove or trim any overhanging limbs or brush that may interfere with COUNTY equipment or progress prior to the start of the project. 2.14 If a Storm Water Pollution Prevention Plan ("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. 2.15 The CITY is responsible for providing portable toilets upon COUNTY request. Compliance with Laws. In providing the services required by this Agreement, 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. City shall be responsible for ensuring its compliance with any laws and regulations applicable to its business, including maintaining any necessary. licenses and permits. 3. PROCEDURES DURING PROJECT 3.1 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. If the complaint is found credible, the COUNTY will make said repair and bear the cost of the repair. COUNTY will make said repair as soon as reasonably possible. 3.2 Upon expiration of 30 days after the project completion, the CITY will be solely responsible for the 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 or governmental immunity. 5. OPTIONAL SERVICES 5.1 if mutually agreed by the CITY and the COUNTY, the COUNTY will provide traffic control required for the Project. This responsibility includes all signage, barricades, pilot vehicles, and flagmen necessary to control traffic in and around the construction site with the exception of any portable changeable message boards which will be supplied by the CITY. Traffic control measures provided by the COUNTY will be billed at the actual labor cost plus 10% for use of the COUNTY traffic control devices. 5.2 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 particular time. There is no deadline for completion of the Project. 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 This Agreement will automatically terminate on September 30, 2025, 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. This Agreement may be renewed prior to its expiration upon the mutual written consent of the parties. 11. DISCLOSURE The CITY 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. TARRANT COUNTY, TEXAS Tim O'Hare COUNTY JUDGE Date: Roy Chafles Brooks COMMISSIONER, PRECINCT 1 CITY OF FORT WORTH Jesica McEachern ASSISTANT CITY MANAGER Date: Sep 3, 2024 Lauren Prie�, 2024 11.22 CDT) Lauren Prieur, P.E. DIRECTOR, T/PW DEPARTMENT Date: Date: Aug 30, 2024 Attest: Jannette Goodall City Secretary 4.dovovp�� � �F pORr�aa� p �° oa 1. d �o Pv� o=d Pa�b nEXA5o4d OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Consideration of Interlocal Agreement between Tarrant County and the City of Fort Worth for the Full Depth Reclamation and Replacement of Metal Pipe with Reinforced Concrete Pipe on Rendon Road From Little Road to Retta Mansfield Road SIGNED AND EXECUTED this 25 day of November, 2024. COUNTY OF TARRANT STATE OF TEXAS Tim O'Hare County Judge 11 /25/2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX APPROVED AS TO FORM* 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. APPROVED AS TO FORM AND LEGALITY Douglas Black (5� 14:17 CDT; Douglas W. Black Sr. Assistant City Attorney M&C: 24-0748 Date: 8/27/24 VA OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2024 INTERLOCAL AGREEMENT WITH TARRANT COUNTY — PRECINCT 1 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. Rod zould&4 Riad Nusrallah Sr. Professional Engineer CITY COUNCIL AGENDA Create New From This M&C FoRTWORTI1 "141� REFERENCE **M&C 24- 2024 INTERLOCAL DATE: 8/27/2024 NO.: 0748 LOG NAME: AGREEMENT WITH TARRANT COUNTY PRECINCT 1 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 8) Authorize Execution of a Interlocal Agreement with Tarrant County for the Rehabilitation and Resurfacing of Rendon Road (from Little Road to Retta Mansfield Road) in Precinct 1, with City Participation in the Amount of $1,353,627.19 RECOMMENDATION: It is recommended that the City Council authorize execution of a Interlocal Agreement with Tarrant County for the Rehabilitation and Resurfacing of Rendon Road (from Little Road to Retta Mansfield Road) in Precinct 1, with City Participation in the Amount of $1,353,627.19 (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 and resurfacing for approximately 4.53 lane miles. Tarrant County's Precinct 1 has agreed to participate in the rehabilitation and resurfacing of Rendon Road from Little Road to Retta Mansfield Road. Under this 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 $1,353,627.19. 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 September 2024 and be completed by March 2025. 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 with Tarrant County project, as appropriated. BUSINESS EQUITY: A business equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. The project is located in COUNCIL DISTRICT 8. 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) J:To] ETA 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 2024 ILA Aareement 105354.gdf (CFW Internal) 2024 ILA Aareement M&C Precinct 1 Map.odf (Public) 2024 INTERLOCAL AGREEMENT WITH TARRANT COUNTY PRECINCT 1.docx (CFW Internal) FID Table 2024 ILA.XISX (CFW Internal) _OR Mayor & Council Map I CPN #105354 FORT WORTH. 2024 Interlocal Agreement with Tarrant County Asphalt Resurfacing 1 Precinct 1 1 CD #8 Project Extent Council Districts 8 -Chris Nettles s ��thllll�lg;!A 011 ` 0 0.3 i Miles 0 6 Data Source: CFW GIS, Nearmap I Map generated July 2024 TPW Business Support Services Copyright © 2024 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This data is to be use for graphical representation only The accuracy is not to be taken/used as data produced for engineering purposes or by a registered N professional land surveyor. The City of Fort Worth assumes no responsibility for the accuracy of said data. FORT WORTH DOCUMENT TITLE: M&C 24-0748 Routing and Transmittal Slip Transportation & Public Works Department 2024 INTERLOCAL AGREEMENT WITH TARRANT COUNTY, PRECINCT 1 CPN 105354 DATE: 6/15/2024 TO: 1. Jaylyn Harrelson 2. Riad Nusrallah 3. Zelalem Arega 4. Mary Hanna 5. Patricia Wadsack 6. Lauren Prieur 7. Doug Black 8. Jesica McEachern 9. Jannette Goodall 10. Riad Nusrallah C 24-0748 CSO # DOC#_ 1 INITIALS DATE OUT - review 'N Aug 29, 2024 - review Appvd. via. Ag=il -)ft. TD: 1361 - review - review - review - signature W Aug 30, 2024 - signature IDE Sep 3, 2024 - signature a' Sep 3, 2024 - signature TG Sep 4, 2024 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 Reauired: ❑ 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.aov for pick up when completed