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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