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HomeMy WebLinkAboutContract 43836 (2).` t 3. THE STATE OF TEXAS COUNTY OF TARRANT CITY SECItETARS� 2,�/z,� � CONTRACT I��S= �'1 �JJ2.1=� INTERLOCAL AGREEMENT FOR THE RECONSTRUCTION OF CASA MANANA PARKING LOT BACKGROUND 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, 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. NOW, THEREFO E, the COUNTY and CITY agree as follows: TERMS AND CONDITIONS 1. PROJECT DESCRIPTION AND SCOPE OF WORK OFINICIIAL F U ©fYV 3ECRErxry I Ft WORTH? H? TX 1.1 The project is identified as the reconstruction and resurfacing of: • Casa Manana Parking Lot: Located at intersection of University Drive and Lancaster Avenue (approximately 9,000 square yards). 1.2 The project will reclaim the existing asphalt pavement, stabilize with 3.5% cement, re -grade for the base, and resurface with a 2 inch BMAC surface course. 2. COUNTY RESPONSIBILITY 2.1 The COUNTY will furnish the labor and equipment necessary to reconstruct the parking lot. 2.2 The COUNTY will coordinate the utility line locates before construction begins by utilizing Dig Tess or a similar service. 2.3 The COUNTY will monitor and coordinate the maintenance of the Storm Water Pollution Prevention Plan if needed. 3. CITY RESPONSIBILITIES 3.1 The CITY agrees to pay the total cost of the materials at an estimated cost not to exceed $80,000.00 3.2 The CITY will pay the county $100.00 per day for labor and equipment at an estimated cost not to exceed $2,000 3.3 If a Storm Water Pollution Prevention Plan is required, the CITY will pay for all cost (including subcontractor materials labor and equipment) associated with the implementation of the Plan at an estimated cost not to exceed $2,000. 4. PROCEDURES DURING PROJECT If the CITY has a complaint regarding the construction of the project the CITY must inform the County in writing within 30 days of project completion. The County is responsible for the maintenance of the project within the first 30 days after completion of the project. Upon expiration of 30 days after the project completion, the CITY becomes responsible for the maintenance of the project. 5. NO WAIVER OF IN MUNITY 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. This Agreement is effective upon the date written by the last party to sign. COUNTY OF TARRANT B. Glen Whitley, County Jud Date: in /no�/L • 1- Col-Bassin - Precinct 4, JD Johnson Attest: APPROVED AS TO FORM CITY OF FORT WORTH sesse----6144.7taitie ase—* Fernando Costa, Assistant Manager Date: Recommended for Approval: W Douglas CT. Wiersig, P.E Director, T/PW Departmen Macy J Kayser, City Secretary oAo t.!" so 0 o 01/4" APPROVED AS TO FORM AND lItisa •-c5 LEGALITY ASSI AN'�`�IS '' C'I"ATTORNEY D • glas W. Black Assistant City Attorney 144,4-6L io.oz.�z • *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 atorney(s). j�p�.RTOFlCll,`t,t . 1 Mayor and Go,I nT rith, Texas nt (1a Locat_ _ COUNCIL ACTION: Approved on 10/2/2012 DATE: Tuesday, October 02, 2012 LOG NAME: 20CASA MANANA PARKING LOT SUBJECT: REFERENCE NO.: :':;:C-25892 Authorize Execution of an Interlocal Agreement with Tarrant County in an Estimated Amount of $84,000.00 for Reconstruction of the Casa Manana Parking Lot Located at the Intersection of University Drive and Lancaster Avenue (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County in an estimated amount of $84,000.00 for the reconstruction of the Casa Manana parking lot located at the Intersection of University Drive and Lancaster Avenue. DISCUSSION: At the request of Staff, Tarrant County has agreed to enter into an Interlocal Agreement for reconstruction of the Casa Manana parking lot at the intersection of University Drive and Lancaster Avenue. This project will be funded from the 1993 Capital Improvement Program Council District 7 undesignated funds. Under the Interlocal Agreement for the parking lot, Tarrant County will provide the necessary labor and equipment to perform this work and the City of Fort Worth agrees to pay for the cost of material. The City of Fort Worth will also pay Tarrant County $100.00 per day as sufficient consideration for the use of Tarrant County equipment and labor. The City's total contribution for this project is estimated to be $84,000.00. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Finance Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund-93. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers C111 541200 202111035607 $84,000.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Douglas W Wiersig (7801) George Behmanesh (7914) ATTACHMENTS 1. 035532 Casa Manana Parking Lot.pdf (CFW Internal) 2. 43. 20 Casa Manana Parking Lot (Bond Fund Transfer JCT 9-13-2012).docx (CFW Internal) 3. ILA Casa Manana.odf (Public) Lognarne: 2OCASA MANANA PARKING LOT Page 1 of 1