HomeMy WebLinkAboutContract 49111 CITY SECRETARY I
CONTRACT NO. f
THE STATE OF TEXAS
COUNTY OF TARRANT
INTERLOCAL AGREEMENT
FOR
THE RECONSTRUCTION OF CARTER PARK ROAD
South from its intersection with Seminary Drive
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,the CITY is requesting the COUNTY's assistance with reconstructing
a portion of Carter Park Road South, a road located within the CITY located at 4351 Carter
Park Dr. Fort Worth, TX 76115, from its intersection with Seminary Drive on the north
end to its termination on the south end with a cul de sac, containing approximately 122,760
square feet of roadway (the "Project"); and a parking lot construction.
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.
C. Both parties acknowledge they are each a "governmental entity" and not a
"business entity" as those terms are defined in Tex. Gov't. Code sect. 2252.908, and
therefore,no disclosure of interested parties is required.
NOW, THEREFORE,the COUNTY and CITY agree as follows
TERMS AND CONDITIONS
OFFICIAL RECORD
Interlocal Agreement--Carter Park Road CITY SECRETARY
Page 1 of 4 FT.WORTR9 TX
1. COUNTY RESPONSIBILITY
The COUNTY will furnish the labor and equipment for the Project and will construct a road profile
of eight inches(8")of Lime slurry base stabilization and two inches(2")of Type B and two inches
of Type D, HMAC.
2. CITY RESPONSIBILITY
2.1 The CITY will provide and pay for the total cost of the materials for the Project,
which will include trucking charges and contractual milling costs, said total costs
being approximately$264,712.
2.2 The CITY will furnish all rights-of-way and plan specifications. The CITY will
also furnish all engineering drawings, if necessary, which will include required
drainage grades and American Disabilities Act approved entrances, if required.
The CITY will provide any needed drainage culverts.
2.3 CITY will furnish necessary traffic controls including Type A barricades to
redirect traffic flow to alternate lanes during the construction phase of the Project;
and
2.4 CITY will reimburse the COUNTY for subcontractor milling cost.
2.5 If a Storm Water Pollution Prevention Plan is required, the CITY will be
responsible for the design, development, implementation and maintenance of the
Plan for the duration of the Project. The COUNTY will inform the CITY if the
Plan needs maintenance during construction.
2.6 The CITY will reimburse the COUNTY, $500. for water and transport, $1,444
for Emulsion, and $100 for Parking Lot Construction.
The COUNTY will inform the CITY if the Plan needs maintenance during construction.
3. PROCEDURES DURING PROJECT
The COUNTY retains the right to inspect and reject all materials provided for the 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 from the date of Project
completion. Upon expiration of 30 days after Project completion,the CITY will be
responsible for all maintenance and repairs of Carter Park Road South.
4. NO WAIVER OF IMMUNITY
This Agreement does not waive the COUNTY's rights under a legal theory of sovereign
immunity. This Agreement does not waive the CITY's rights under a legal theory of
sovereign immunity.
5. OPTIONAL SERVICES
5.1 If requested by the CITY,the COUNTY will apply permanent striping through the
Transportation Department.
5.2 If necessary,the COUNTY will furnish flag persons.
Interlocal Agreement—Carter Park Road
Page 2 of 4
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.
7. 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 a third party beneficiary. 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.
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:
(1)thirty(30) days after completion of the Project; or
(2)one year after the date this Agreement is fully executed,
Whichever date occurs first. Notwithstanding any language to the contrary herein, Either
Party may terminate this Agreement by providing thirty (30) days' written notice of its
intent to terminate to the other Party.
SIGNED AND EXECUTED this �>�d day of , 2017.
COUNTY OF TARRANT CITY OF FORT WORTH
STATE OF TEXAS
6�
County Judge , a3 Sus Alanis, Assistant City Manager'
Interlocal Agreement—Carter Park Road CIV a o
ffyI
Page 3 of 4 [moo ® 9jz
Date: ( Date: rj- I I a*p I-)
Recommended for Approval:
i
Commis ioner Precinct 1, chard Zavala
Roy C Brooks Dn•ector, Park&Recreation Department
Attest: U: est:
XAS ar J ay ,
City Secretary
APPROVED AS TO FORM APPROVED AS TO FORM AND
LEGALITY
CRImfN-AL PISTRICT ATTORNEY'S OFFICE Douglas W. Black
Assistant City Attorney
*By law, the Criminal District Attorney's Office may only
approve contracts for its clients. We reviewed this document
for our client's legal perspective. Other parties may not rely
on this approval. Instead,those parties should seek contract
review from independent
c"ICIAL RECORD
CITY SECRETARY
Interlocal Agreement--Carter Park Road FT'WORTH,TX
Page 4 of 4
Approval of a Project for an Interlocal Agreement Behveen
Tart-ant County, Teras and CiflL, of Fort Worths Texas
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:
Reconstruction of approximately 122,760 feet of roadway known as Carter Park Road South,from
its intersection with Seminary Drive on the north end to its termination on the south end with a cul
de sac, located within the municipal limits of the City of Fort Worth and Tarrant County
Commissioner Precinct One.
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.
Date: Mokia
By:
Presiding Officer of the
Tarrant County Con-unissioners Court
OFFICIAL RECORD
CITY SECRETARY
FT.WORT149 TX
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensuring all performance and reporting requirements.
Name of Employee
Title
This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
M&C Review Page 1 of 2
Offlc'a'Ste of the City of Fort WortP�,Texas
CITY COUNCIL AGENDAORTII
COUNCIL ACTION: Approved on 3/3/2015
REFERENCE ** 17NS
DATE: 3/3/2015 NO.: C-27205 LOG NAME: CARTERPARKDRIVEINTERLOCAL
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County to Reconstruct
Carter Park Drive in Carter Park South and the Expenditure of Up to $900,000.00 of
Community Development Block Grant Funds for Materials for the Reconstruction
(COUNCIL DISTRICTS 8 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Interlocal Agreement with Tarrant County to construct road
improvements to Carter Park Drive on City-owned parkland in Carter Park South located south of
Seminary Drive between Interstate 35 West and Campus Drive; and
2. Authorize the use of up to $900,000.00 of Community Development Block Grant funds for
materials for the reconstruction of Carter Park Drive.
DISCUSSION:
On December 2, 2014, the City Council approved the use of$900,000.00 in restricted use
Community Development Block Grant (CDBG) funds for the design and reconstruction of road
improvements to Carter Park Drive in Carter Park South including striping, signs and trash cans
(M&C C-27098). Tarrant County has agreed to pay the cost of the labor for the reconstruction of
Carter Park Drive, but cannot pay for the cost of the necessary materials. The City can pay the cost
of the materials in exchange for Tarrant County paying for labor costs for the project.
On May 13, 2014, the City Council approved a repayment to the United States Department of
Housing and Urban Development (HUD) to close the Evans and Rosedale Economic Development
Activity (M&C L-15682). The City and HUD agreed that the repaid funds would be placed in a
restricted account until a CDBG-eligible activity was identified. A liability was booked in the General
Fund for$1,445,271.26, the amount of the repayment to HUD. Upon approval of this Mayor and
Council Communication (M&C), $900,000.00 of the liability will be released and the funds made
available to be used for this project.
Staff recommends the use of up to $900,000.00 of CDBG funds for the cost of materials to
reconstruct Carter Park Drive located in Carter Park South and the execution of an Interlocal
Agreement with Tarrant County for the project.
The project is located in COUNCIL DISTRICTS 8 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Fiscal Year 2015 budget appropriations in the Grants Fund for this project were adopted on a
previous Mayor and Council Communication (M&C). A liability was booked in the General Fund for
$900,000.00 for this expense and upon approval of this M&C the liability will be released. Upon
approval of this recommendation, the Financial Management Services Director certifies that funds are
available in the current operating budget of the Grants Fund.
http://apps.cfwnet.org/council packet/mc_review.asp?ID=20812&councildate=3/3/2015 6/1/2017
M&C Review Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Cynthia Garcia (8187)
Additional Information Contact: Chad LaRoque (2661)
Cynthia Garcia (8187)
ATTACHMENTS
Carter Park South Maps.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20812&councildate=3/3/2015 6/1/2017