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HomeMy WebLinkAboutContract 42043 THE STATE OF TEXAS CITY,SFCAETARY ,O JRACT NO.. a-0 4 COUNTY OF TARRANT iNTERLOCAL AGREEMENT FOR RECONSTRUCTION OF FOREST HILL EVERM ROAD FROM MCPHERSON ROAD TO OAK GROVE EAST AN BACKGROUND This Agreement is between Tarrant County, Texas ("CoUNTy,,) acting by and through authorized County Commissioner, and the City of Fort Worth Texas ("CITY') acting throu h its duly authorized Assistant City Manager. g is duly WHEREAS, the Interlocal Cooperation Act, (Texas Government Code Sect'legal authority for this Agreement; and on 791.001 et se . q) WHEREAS, During the performance of the governmental functions and the payment for th performance of those governmental functions the parties will make the performance and payment current revenues legally available to that a e party; and p ym nt from WHEREAS, the Commissioners Court of the COUNTY and the City Council of the CITY each make the following findings: h 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: TERMS AND CONDITIONS I• PROJECT DESCRIPTION AND SCOPE OF WORK L 1 The project is identified as the reconstruction and resurfacing of Forest Hill Everma Road from McPherson Road to Oak Grove East. n Length Average Width Square r 2,260 linear feet 24 feet 54,240 square feet OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. 9. 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. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK This Agreement is effective upon the date written by the last parry to sign. COUNTY OF TARRANT CIT OF FORT ORTH B. Glen Whitley, County Judge F rnando CqKta, Assistant Manager Date: --7La�// Date: Z Recommended for Approval: � i!J� �j Commis ionewr Precinct 1, Douglas Wiersig Roy C. Brooks Director, 1PW Department Attest: Attest: t, Marty Hendrix, IN City Secretary APPROVED AS TO FORM* APPROVED AS TO FORM AND L`EGALITY, 1 ASSISTAN (STRICT ATTORNEY ASS( ANT 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 Mau xeview Page 1 of 1 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F°R-�%TH COUNCIL ACTION: Approved on 1/25/2011 DATE: 1/25/2011 REFERENCE =*C-24692 LOG NAME: 20FOREST HILL EVERMAN NO.: ROAD—INTERLOCAL CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the Execution of an Interlocal Agreement with Tarrant County for Rehabilitation of Forest Hill Everman Road from McPherson Road to Oak Grove Road East with City Participation in the Amount of$128,170.00 (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County for rehabilitation of Forest Hill Everman Road from McPherson Road to Oak Grove Road East with City participation in the amount of$128,170.00 which includes furnishing all necessary pavement materials, traffic control and other incidentals. DISCUSSION: At the request of City staff, Tarrant County has agreed to enter into an Interlocal Agreement for rehabilitation and widening of Forest Hill Everman Road from McPherson Road to Oak Grove Road East. The work will include reclaiming and recycling the existing roadbed, removing excess roadbed materials, stabilizing base and placing a four-inch asphalt surface. Under the agreement, Tarrant County will furnish the labor and equipment, plans and specifications, permanent striping, necessary additional right-of-way and easements. City will pay for necessary pavement material, traffic control and other incidentals. Additionally, the City agrees to closing the road to through traffic for the duration of the project or as deemed necessary by Tarrant County. This project is located in COUNCIL DISTRICT 8. 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. TO_Fund/Account/Centers FROM-Fund/Account/Centers C293.523010.208600163380 $123170.00 C293 5391_2.0 208600163380 $5,000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: William Verkest (7801) Additional Information Contact: George Behmanesh (7914) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc_review.asp?ID=1423 6&councildate=l/25/2011 07/19/11