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HomeMy WebLinkAboutContract 33813 CITY SECRETARY qtZ� 3 CONTRACT NO. THE STATE OF TEXAS } } KNOWN ALL MEN BY THESE PRESENTS COUNTY OF TARRANT } INTERLOCAL AGREEMENT This Agreement made and entered into this the day of 200,�; by and between the County of Tarrant, acting herein by and through its governing bo d , hereinafter refereed to as Tarrant County, and the City of Fort Worth,hereinafter referred to as Fort Worth, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, both of Tarrant County, State of Texas, Witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791, Texas Government Code,known as the INTERLOCAL COOPERATION ACT; and, WHEREAS,the parties, in paying for the performance of governmental functions or in performing such governmental functions shall make payments therefore only from revenues, legally available to such parties; and WHEREAS, the governing bodies of each party find that the project or undertaking is necessary for the benefit of the public and that each party has the legal authority to build or maintain the project or to provide such service, and the construction and improvement thereof is in the common interest of both parties hereto; and that the division of costs provided for constitutes adequate consideration to each party; said project being more particularly described as: Construction of a Parking Lot at 3409 Harley Avenue WHEREAS, the parties hereto, in order to facilitate the financing and construction of the needed parking area and in order to share the costs of having said work to be done, have agreed to share in the financing of said project as hereinafter stated in detail. In consideration of the mutual undertaking hereinafter set forth and for adequate consideration given,the parties agree as follows: 1. Tarrant County, at its sole cost and expense, agrees to furnish all labor and equipment necessary for construction of the parking lot at 3409 Harley Avenue,hereinafter referred to as the Project. The Project shall include but not be limited to the removal of curb and gutter and curb inlets; creation of a construction entrance; inlet protection; rough grading/ sub-grade preparation; installation of approximately 85,426 square yards of 2" asphalt paving; installation of approximately 296 wheel stops;removal of approximately 100 linear feet of chain link fencing; installation of a crosswalk on Harley; installation of 2 crosswalks across the driveways; and installation of a sediment barrier. 2. Tarrant County agrees to furnish all necessary flag persons for the Project. Interlocal Agreement Harley Paving Tarrant County&Fort Worth Page 1 of 3 I,��'ERt � 3. Fort Worth agrees, at its sole option, to either furnish all other necessary materials for the Project, or pay for the same provided by Tarrant County. The City of Fort Worth will pay $5,000.00 to Tarrant County as sufficient consideration for Tarrant County's equipment and manpower usage. Fort Worth's total contribution under this Agreement shall not exceed Nine Hundred Thousand Dollars ($900,000.00). Fort Worth's contribution shall include the asphalt removal and disposal fees not covered by the Interlocal Agreement between Tarrant County and Fort Worth for demolition of the structures located at 3409 Harley Avenue. 4. Fort Worth will furnish plan specifications and engineering drawings for the Project. 5. Fort Worth will issue to Tarrant County the notice to proceed with this project. 6. Tarrant County shall be, at all times, responsible for the actions of its employees, officers and agents in fulfilling the terms of this Agreement. The City of Fort Worth shall be,at all times, responsible for the actions of its employees, officers, and agents in fulfilling the terms of this Agreement. 7. Tarrant County will be liable for only those claims under which liability is imposed on it by the Texas Tort Claims Act. The City of Fort Worth agrees to be liable for only those claims under which liability is imposed on it by the Texas Tort Claims Act. 8. It is expressly understood and agreed that,in the execution of this Agreement and contracts, neither Tarrant County nor the City of Fort Worth waives any immunity or defense that would otherwise be available to it against any claim arising from this Agreement,including the defense of governmental immunity. 9. The parties to this Agreement do not intend by this Contract that any specific third party may obtain a right by virtue of the execution or performance of this Agreement. This Agreement shall become effective on the date first written above. This Agreement shall terminate automatically upon happening of any of the following events: 1. The completion of the project provided for herein; or 2. Any party may terminate this Agreement on thirty (30) days written notice to the other ply. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Interlocal Agreement Harley Paving Tarrant County&Fort Worth Page 2 of 3 r IN WITNESS WHEREOF, the parties hereto have executed four (4) copies of this Agreement in TARRANT COUNTY. COUNTY OF TARRANT: By:A By: TOM VANDERG FF .D.JOHN County Judge !' ' Commissioner Pct.4 ATTEST: COUNTY CLERK APPROVED AS TO FORM*: ASSISTANYfiISTRICT ATTORNEY *By law,The Cky 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). CITY OF FORT WORTH: . By: U`. Carl ATTEST: �j,,st�..�l'.r1.( �� MARC A. OTT MARTY HENDRI Assistant City Manager City Secretary �� RECOMMENDED: Date: ®� ROBERT GOODE,P.E. APPRO AS TO FORM+----,) Director,Transportation&Public Works S Assista City Attorney Interlocal Agreement Harley Paving Tarrant County&Fort Worth Page 3 of 3 Contract Authorization 1)Qte Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/3/2006 DATE: Thursday, August 03, 2006 LOG NAME: 20HARLEY PK LOT REFERENCE NO.: **C-21590 SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County for Construction of a New Parking Lot, Located at 3409 Harley Avenue, to Serve the Will Rogers Complex RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County for the construction of a new parking lot located at 3409 Harley Avenue to serve the Will Rogers complex for an estimated amount of$900,000. DISCUSSION: On May 9, 2006, (M&C C-21448) the City Council authorized an Interlocal Agreement with Tarrant County for the demolition and removal of debris from the old Harley Avenue Service Center. Demolition and removal is expected to be completed by the end of July and the area will be ready for construction of the parking lot. Under the Interlocal Agreement for the parking lot, Tarrant County will provide the necessary labor and equipment for the construction of the parking lot located at 3409 Harley Avenue, per the design prepared by Carter 8 Burgess, Inc. The City of Fort Worth agrees, at its sole option, to either furnish all other necessary materials for the project, or pay for the same provided by Tarrant County. The City of Fort Worth will pay Tarrant County $5,000 as sufficient consideration for the use of Tarrant County equipment and labor. The City's total contribution for this project is estimated to be $900,000.00. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/AccounVCenters C200 541200 207230014383 $900,000.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: George Behmanesh (7914) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/8/2006