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Home My WebLink AboutContract 52752 ACITY SECRETARY 20 2019 CONTRACT NO. s�cR �RJHE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT 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 parking lots and roads at Trail Driver Park, located at 1700 NE 28th Street, Fort Worth, TX., 76106. The CITY is requesting the reconstruct and asphalt overlay of the north and south parking lots and roads. In addition, the CITY is requesting the asphalt overlay of the south approach, all being located within the CITY (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: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY 1.1 The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project. s 0) OFFICIAL RECORD \1 CITY SECRETARY 5 �o .4 FT. WORTH,TX 1.2 The project consists of the reconstruct and asphalt overlay of Trail Driver Park's north and south parking lots and roads; being approximately 33,180 square feet. Pulverize the existing asphalt pavement and reclaiming to a depth of 6", cement stabilize and apply 3" Type D hot mix asphaltic concrete pavement surface. 1.3 In addition the COUNTY agrees to overlay the north drive approach at Trail Driver Park; being approximately 20,800 square feet. Apply 2" Type D hot mix asphaltic concrete pavement surface 2. CITY RESPONSIBILITY 2.1 CITY will provide up to $71,295.00 for the Project as follows: 2.2 CITY will furnish all materials for the Project and pay trucking charges. 2.3 CITY will furnish a site for dumping waste in close proximity to job site for materials generated during the Project. 2.4 CITY will furnish all rights of way, plan specifications and engineering drawings. 2.5 CITY will furnish necessary traffic controls, including Type A barricades, to redirect traffic flow to alternate lanes during the construction phase of the Project. 2.6 CITY will provide temporary driving lane markings. 2.7 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. 2.8 The CITY will 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. 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 thirty (30) days of the date of Project completion. Upon expiration of thirty (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. Page 2 of 4 5. OPTIONAL SERVICES 5.1 If required,the CITY will pay for engineering services, storm water run-off plans, and continuation of services and plan. 5.2 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. 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 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, 2020, or until the Project is completed, whichever occurs first. If the Project is not completed by September 30, 2020, this Agreement will automatically renew for an annual term thereafter and will expire upon completion of the Project during the subsequent term. Either party may terminate this Agreement at any timeeither before the expiration of the initial term or after the renewal of any term thereafter—by providing the other party with thirty (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 3 of 4 TARRANT COUNTY, TEXAS CITY OF FORT WORTH COUNTY JUDGE Fernando Costa,Assistant City Manager Date: " V yl Date: /9 Reco de r pproval: C M SI NER, PRECINCT F R Da d Creek, Acting Director J.D. JOHNSON Park& Recreation Department. `O�OR 7` E ra A st: r Atte Appr val as to form* Mafy J. er, it ecretary A ... ZE s Approved as to Form _ Criminal District Attorne s Office* 11—i� Douglas W Black Sr. 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 SECRETARY FT. WORTH,TX Page 4 of 4 Trail Drivers Park Mapsco 62 H JF # r7 f i L1� F s VIM. r 4FF r 1ry�YlYr'LL�1+ FAlIR� rr *"* ! 300 150 0 300 Feet N 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. Carlos Gonzalez Name of Employee Park Planner Title ❑ This form is N/A as No City Funds are associated with this Contract CAkxo-5 �n�J2ilZ,ar2 Printed Name Signature OFFICIAL RECORD CITY SECRETARY FT WORTH, TX