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Home My WebLink AboutContract 47182 MY SEXRETARY ,ll pYk tCWRACT NO. l]C,T 2 7 2015 0'r 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, from its intersection with Seminary Drive on the south end to its termination on the south end with a cul de sac, containing approximately 137,280 square feet of roadway (the "Project"); 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, 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 construct a road profile of six inches(6")of cemline slurry base stabilization and four inches (4")of HMAC. Interlocal Agreement—Carter Park Road Page 1 of 4 OF JFICIAL ReCORt! "y ':GREZARY 6T WORTH, TX 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$251,380.00. 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. 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. 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. Interlocal Agreement—Carter Park Road Page 2 of 4 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. This Agreement may be renewed prior to its expiration upon the mutual consent of the parties. SIGNED AND EXECUTED this o?1/ day of 7n)VC4 2015. COUNTY OF TARRANT CITY OF FORT WORTH STATE OF TEXAS cil A/tAt' County Judge C�hAlanis- jj§ Assistant City Manager Date: ),)q Date: t G l ',)-u I G I Recommended for Approval: FOFFIIAL RECORD Interlocal Agreement—Carter Park Road SECRETARY Page 3 of 4 WORTH, TX e' �1 C nunissi her Precinct 1, Ri hard Zavala Roy C Brooks Di ctor, Parks&Communi Set ices Department *ORI, Attest: Attest:U1 g y J a City Se APPROVED AS TO FORM APPROVED AS TO FORM AND LEGALITY CRIMINAL DISTRICT 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 OFFICIAL RECORD Interlocal Agreement—Carter Park Road CITY SECRETARY Page 4 of 4 "'T.WORTHS TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/3/2015 DATE: Tuesday,March 03, 2015 REFERENCE NO.: **C-27205 LOG NAME: 17NS CARTERPARKDRIVEINTERLOCAL 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: 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. FUND ENTERS: TO Fun /Account/ .enters FROM Fun /Acco nt/ enters CERTIFICATIONS: Submitted for City Manager's Office 9riginaFernando Costa (6122) ting Department Head• Cynthia Garcia (8187) Additional Information ontact• Chad LaRoque (2661) Cynthia Garcia (8187) ATTACHMENTS 1. Carter Park South Maps pdf