HomeMy WebLinkAboutContract 50765 CITY SECRETARY II
THE STATE OF TEXAS CONTRACT N0. b S
COUNTY OF TARRANT
INTERLOCAL AGREEMENT
FOR
THE CONSTRUCTION OF HIDDEN LAKE ROAD (NORTH)
at NORTHWEST COMMUNITY PARK
from its intersection with Blue Mound Road
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 installing
asphalt paving along Hidden Lake Road North, a park road located within the CITY, at
Northwest Community Park, located at 8575 Blue Mound Road, Fort Worth, TX 76137,
from Hidden Lake Road's intersection with Blue Mound Road on the east end to its
termination on the west end with a concrete parking area, containing conditional
correction of an existing 6" TXDOT "Type A"flexbase course as needed, and
approximately 17,300 square feet of 2" asphalt paving, and 20,820 square feet of 4"
asphalt paving (the "Project").;
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.
e. 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 requ'
OFFICIAL RECORD
CITY SEC��
FT- WORT#, Tx
NOW, THEREFORE, the COUNTY and CITY agree as follows:
TERMS AND CONDITIONS
1. COUNTY RESPONSIBILITY
The COUNTY will furnish the labor and equipment for the Project and will
improve (where needed) a road profile of six inches (6") of TXDOT Type A
flexbase subgrade stabilization, and install two inches (2") of Type D HMAC
paving along the temporary entrance at the south end of Hidden Lake Road, and
install four inches (4") of Type D HMAC paving for the remaining portion of
Hidden Lake Road. (reference Attachment 'A' Paving Plans)
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 $50,500.
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 The CITY will furnish necessary traffic controls to control traffic flow during the
construction of the Project; and
2.4 The CITY will reimburse the COUNTY for any subcontractor cost, related to the
Project; and
2.5 If a Storm Water Pollution Prevention Plan (SWPPP) is required, the CITY will be
responsible for the design, development, implementation and maintenance of the
SWPPP for the duration of the Project. The COUNTY will inform the CITY if the
Plan needs maintenance during construction.
2.6 The CITY agrees to pay the COUNTY a flat rate of$100.00 per day to cover the
COUNTY' s cost of equipment and man—hours used in performing the work on
the project.
The COUNTY will inform the CITY if the Plan needs any corrections and/or
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 Hidden Lake Road North.
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.
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; or
3 V(- 5
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 day of , 2018.
COUNTY OF TARRANT CITY OF FORT WORTH
STATE OF TEXAS
COU DGE Fernando Costa
Assistant City Manager
Date: aN c6 ,`ZDti� Date: .5/I6dl8
Attest: Attes
ary Kayser
It City Secretary �"�,�' ''�*
(CITY'S SEAL)
CAS
M&C: MA .. .�
1295:� 4
Recommended for Approval:
COMMISSION—ER, 2
PRECINCT FO—M_ _ RJPZavala
J.D. JOHNSON Rai 'W and Director
Park & Recreation Department
C ntract Complianc I
Manager:
OFFICIAL RIECORD
CITY SECRETARY
By signing, I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including rsuring all performance and
reportin quirements.
Bryness, R
Landscap �4rchit ct
Park & Recreation Department
APPROVED AS TO FORM APPROVED AS TO FORM AND
LEGALITY
CRIMINAL D RICT ATTORNE '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 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.
OFFICIAL RECORD
CITY SICRW"ARY
FT WORTH, TX