HomeMy WebLinkAboutContract 32944 �Q o CITY SECRETAR
CONTRACT NO.
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
I]vTERLOCAL AGREEMENT
This Agreement is made and entered into this �x '1-A day of ,
2005, by and between the County of Tarrant, acting herein by and through its governing
body, the Commissioners Court, hereinafter referred to as COUNTY, and the City of Fort
Worth, acting herein by and through Libby Watson, its duly authorized Assistant City
Manager, hereinafter referred to as CITY, both of Tarrant County, State of Texas,
witnesseth:
WHEREAS, this Agreement is made under the authority of Sections 791.001-
791.029, Texas Government Code; and
WHEREAS, each governing body, in performing governmental functions or in
paying for the performance of governmental functions hereunder, shall make that
performance or those payments from current revenues legally available to that party; and
WHEREAS, each governing body finds that the subject of this Agreement is
necessary for the benefit of the public and each has the legal authority to perform and to
provide the governmental function or service which is the subject matter of this
Agreement; and
WHEREAS, each governing body finds that the performance of this Agreement is
in the common interest of both parties and that the division of costs fairly compensates
the performing party for the services or functions under this Agreement; and
WHEREAS, each governing body agrees to share in the cost of the services
described below;
NOW THEREFORE, the COUNTY and CITY agree as follows:
1.
The COUNTY agrees to furnish all labor necessary to provide four inches (4") of
HMAC Concrete to overlay the road leading through the Fort Worth Botanic Gardens
Maintenance Compound to the paved parking lot behind the Japanese Garden.
583 feet x 22 feet= 12,826 square feet
2.
The CITY agrees to furnish all materials necessary to accomplish the project; The
CITY agrees to pay a flat rate of$100 per day to cover the cost of equipment and man-hours.
The COUNTY estimates the project will take approximately seven days. The total cost of the
project shall not exceed $15,000.00.
3.
The CITY agrees to furnish a site for dumping waste materials that is generated
from this project.
4.
The CITY agrees to furnish all necessary rights of way and plan specifications
and engineering drawings.
5.
The CITY agrees to furnish all necessary traffic controls, i.e. Type A barricades to
redirect traffic flow to alternate traffic lanes during the construction phase.
6.
The COUNTY agrees to furnish all necessary flag persons for task that require a
flag person.
7.
Nothing in the performance of this Agreement shall impose any liability for
claims against the COUNTY other than claims for which the Texas Tort Claims Act may
impose liability.
8.
Nothing in the performance of this Agreement shall impose any liability for
claims against the CITY other than claims for which liability may be imposed by the
Texas Tort Claims Act.
9.
If engineering services and/or storm water run-off plans are required for the
Project, CITY shall provide and pay for such services. CITY shall notify COUNTY
within thirty (30) days of completion of the Project of any complaint which the CITY
may have regarding same. Upon completion of the Project, CITY shall be responsible for
maintenance of same.
10.
TARRANT COUNTY INTERLOCAL AGREEMENT
Botanic Garden
Page 2 of 4
The parties to the Agreement do not intend for any third party to obtain a right by
virtue of this Agreement. CITY agrees that COUNTY is relying upon CITY for notice to
proceed with this Project, but COUNTY shall not be required to perform this Agreement
within any time limit.
11.
By entering into this Agreement, the parties do not intend to create any
obligations express or implied other than those set out herein; furthermore, this
Agreement shall not create any rights in any party not a signatory hereto.
12.
This Agreement becomes effective when signed by the last party whose signing
makes the agreement fully executed and remains in force and effect until the completion
and acceptance of the Project unless otherwise terminated.
TARRANT COUNTY INTERLOCAL AGREEMENT
Botanic Garden
Page 3 of 4
Attest: Coun
�g,vsoc�iv
*Approved as to Form:
Assistant i rict Attorney Jo so , Commissioner
Precinct 4
* 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).
Attest: !4 City of F Worth�jA
By
Marty Hendrix Libby son
City Secretary Assistant City Manager
Approved as to Form and Legality: Approval Reco ended:
dle AHarwdJd, Acting r5irctor
Assistant City Attorney Parks and Community Services Department
NO M&C REQUIRED
TARRANT COUNTY INTERLOCAL AGREEMENT
Botanic Garden
Page 4 of 4