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HomeMy WebLinkAboutContract 45505 (2)1 ill Lk 0 cror witi(Icourwecir GtJ�f vo 0 c'" •Ii ■ , el INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND TARRANT COUNTY, TEXAS FOR THE CONSTRUCTION OF A PARKING LOT AT NORTH Z. BOAZ PARK This Interlocal Agreement ("Agreement") is by and between Tarrant County, Texas ("County"), a political subdivision of the State of Texas, acting by and through its duly authorized representatives, and the City of Fort Worth ("City"), a home -rule municipality of the State of Texas, acting by and through its designated Assistant City Manager. WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; WHEREAS, the City owns and operates North Z. Boaz Park, located at 3200 Lackland Road, Fort Worth, Tarrant County, Texas 76116, and more accurately depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes ("Park"); WHEREAS, the City is implementing plans to repurpose the Park into a community park with amenities such as a dog park, walking paths, playgrounds, picnic areas, and ponds; WHEREAS, to increase the efficiency and effectiveness of this project, the City and County desire to cooperate in the construction of a major parking lot ("Parking Lot") at the Park, which will be approximately 83,000 square feet; WHEREAS, the City and County find that this Agreement will benefit all members of the public by providing parking for those who wish to use and enjoy the Park and its many associated recreational amenities; WHEREAS, the functions or services contracted for and to be provided by this Agreement are within the definition of governmental function and services as defined by Section 791.003 of the Texas Government Code and serve the common interest of both parties; WHEREAS, this Agreement has been authorized by the governing body of each party; WHEREAS, the City and County find that the division of costs fairly compensates both parties and that each party paying for the performance of the governmental functions or services will make such payments from current revenues; and NOW, THEREFORE, for and in consideration of the mutual covenants and agreements stated herein, the parties agree as follows: 1. INCORPORATION OF RECITALS AND PROJECT DESCRIPTION 1.1 City and County agree that the recitals set forth above are true and correct and form the basis upon which the parties have entered into this Agreement and hereby incorporate them into the body of this Agreement. 1.2 This project is identified as the construction of a major parking lot for the Park, which will be approximately 83,000 square feet and consist of 8" lime stabilization, 8" flexbase, and 2" Type D hot mix asphaltic concrete pavement surface ("Project"). The ri *Lt location is set Orii41©4811-: Q»iAL) Interlocal Agreement with Tarrant County, Texas ((;)11ti1 elf :311-� •:/132Fifll\l!y� ( lot 11ciJti ill(lltIO \ _1l )If 1 1j1,J U ►►rlita forth and detailed in Exhibit B, which is attached hereto and incorporated herein for all purposes. 1.3 The Project is part of a comprehensive plan to develop the Park. Construction of the Parking Lot will occur in three (3) phases: 1.3.1 Phase 1 (i) The City shall perform or cause to be performed surveying, staking, and installation of erosion control measure. (ii) The County will perform excavation and sub grade preparations. 1.3.2 Phase 2 (i) The City shall construct or cause to be constructed concrete curbs and gutters. (ii) The County will perform additional sub grade preparations and asphalt paving. 1.3.3 Phase 3 (i) The City shall perform or cause to be performed striping and site improvements 2. COUNTY'S RESPONSIBILITIES 2.1 The County shall furnish all of the the labor and equipment necessary to complete those parts of the Project for which the County is responsible 3. CITY'S RESPONSIBILITIES 3.1 The City will provide the County with a City purchase order for all materials necessary to construct the Project, including trucking charges, in an amount not to exceed $165,000.00. 3.2 The City will furnish a site for dumping waste materials generated during this Project in close proximity to the Project site. 3.3 The City will furnish all necessary rights of way, plan specifications and engineering drawings. 3.4 The 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 3.5 The City will provide necessary temporary driving lane markings. 3.6 If a Storm Water Pollution Prevention Plan ("SWPPP") is required, the City will be responsible for the design and development of the SWPPP. The City will pay for all cost (including subcontractor materials, labor and equipment) associated with the implementation and maintenance of the SWPPP. 3.7 The City agrees to pay the County a flat rate of $100.00 per day, to help cover the County's costs for equipment and labor. 4. Interlocal Agreement with Tarrant County, Texas 2 of 8 PROCEDURES DURING AND AFTER THE PROJECT 4.1 The County and City retain the right to inspect and reject all materials provided for this P roject. 4.2 If the City has a complaint regarding the construction of the Project, then the City must submit a written complaint to the County within 30 days of the County Project completion date. During the first 30 days after the County Project completion date the County will repair faults related to the Project, however, the City will repair faults caused by third parties or the City. U pon expiration of said 30 days, the City shall become responsible for maintenance of the P arking Lot. 4.3 For purposes of this Agreement, the County Project completion date shall be the date the City accepts the County's completed work. 5. OPTIONAL SERVICES 5.1 If requested by the City, the County may apply permanent striping at the City's expense. 5.2 If necessary, the County may furnish flag persons for traffic control. 5.3 If required, the City will pay for engineering services, storm water run-off plans, and continuation of services and plan 5.4 If a SWPP is provided by the City, the County will be responsible for working with the City and the City's prime contractor to ensure proper implementation and maintenance of the SWPP during the duration of the Project. 6 TIME PERIOD FOR COMMENCEMENT AND COMPLETION 6.1 Due to the phasing aspect of the Project, the City will issue the County a written notice to proceed after the City or its contractor performs the Phase 1 or 2 duties as applicable. The County will then have 72 business hours to begin performing its obligations under Phase 1 or 2, as applicable, and complete its obligations thereunder within 30 calendar days. 6.2 The parties may amend the time periods under this section by written mutual agreement. 7. TERM AND TERMINATION 7.1 Unless terminated earlier pursuant to the terms hereof, this Agreement shall be effective beginning on the effective date and shall terminate upon the Project completion date or one (1) year from the effective date whichever is earlier. This Agreement may be renewed or extended by the parties for additional one (1) year periods on the same terms and condition upon mutual written agreement. Either party may terminate this Agreement with thirty (30) days written n otice. 7.2 The County's obligations under section 4 of this Agreement shall survive the expiration o r early termination of this Agreement. Interlocal Agreement with Tarrant County, Texas 3 of 8 7.3 If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for City to fulfill its obligations under this Agreement, City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by the City to County of written notice of City s intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 8 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: COUNTY: County Administrator Tarrant County 100 E Weatherford Street Fort Worth, Texas 76196 CITY: C ty Manager C ty of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 9. GENERAL PROVISIONS 9.1 No Waiver of Immunity. It is understood that by execution of this Agreement, neither party waives or surrenders any of their governmental powers or immunities. 9.2 Entire Agreement. This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 9.3 Amendments. No alteration, change, modification or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 9.4 Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 9.5 Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 9.6 Successors and Assigns. Neither party hereto shall assign or transfer its interest herein without prior written consent of the other party, and any attempted assignment or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be Interlocal Agreement with Tarrant County, Texas 4 of 8 binding upon and shall inure to the benefit of the City and County and its respective successors and permitted assigns 9.7 Third-Partv Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of the City and County and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 9.8 Contract Construction. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be e mployed in the interpretation of this Agreement or any amendments or exhibits hereto. 9.9 Severabilitv. If any provision of this Agreement shall be held to be invalid illegal or u nenforceable the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 9.10 Captions and Headings. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 9.11 Independent Contractor. The County shall perform all work and services hereunder as an independent contractor, and not as an officer agent, servant or employee of City The County shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of his/her officers, agents, employees, and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and County, his/her officers, agents employees and subcontractors, and doctrine of respondeat superior has no application as between the City and County. 9.13 Force Maieure. If either party is unable, either in whole or part, to fulfill its obligations u nder this Agreement due to acts of God; strikes lockouts, or other industrial disturbances, acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party s reasonable control (collectively, ` Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks, or other City -owned and o perated properties and facilities in the interest of public safety and operate them as the City sees fit. 9.14 Effective Date. This Agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. TARRANT COUNTY, TEXAS CITY OF FORT WORTH Interlocal Agreement with Tarrant County, Texas 5 of 8 By: Name: Title: County Judge Date:d r i By: COMMISSIONER, PRECINCT FOUR Attest: 02,160(9 &)R,A, APPROVED AS TO FORM AS S I STAN (STRICT ATTORNEY cS) By: Su9 Alanis Assistant C'yty Manager Date: l 1 IS r I'/ l � ;n,c It CITY SECRETARY 00 10000Oa°' APPROVED AS TO FORM AND LEGALITY AS WANT CITY ATTORNEY M&C. C - Z(% yS` Date: gilt/ /y * By law, the District Attorney's Office may only approve contracts for its clients. We reviewed this document from our client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. EXHIBIT A PARK Interlocal Agreement with Tarrant County, Texas • OFFICIAL RECORD CITY SECRETARY '. Ft woRTH? n 0 250 00 1,000 1,500 2,000 Feet EXHIBIT B PROJECT LOCATION Interlocal Agreement with Tarrant County, Texas 7of8 1 CIA 5 rr !I air int .C4 * v440 Crf7_ N''AlF • / / ar.a.! LW 13• .,\ Caws I r'�— Q•f Da 12"J 16r Ct ' 7 7 4 1• •e97. 71 1111,• -.-ttt&a tot D.% CEA/ 311 IR W 041 Os a' .n •.c'sar.- 15• A FEN r e-y.-7 CM r v t\' ,s- e ) w LJlCR tt 1 rr are PARK SIB :,- a Ca%2 RY Ir / r pW r an-' 0•rid eter IC'J �.?n•i�r11. 1 a', • r' 1- 1 �o •7rc'ax•r St', c-r.ucpr n• r r SHAD iCANO •tOr7n 24- f -c1-til w 1 qll ,110:0 * —� y t I-0 /V 1N2 EA /WA* ON le r l ram. \ ' !`�C1 1 02170140:1 r csrra, - ar• F ���.. • jail :5 Parking Lot ��"`.d Outlined in Blu e �,,Ir rTs�• cm1i -� rY�r I .Y -I r rr en•C Caf `12t� bt 1S y` FENCE _• L avx• • ,';w 4MBINATON °Sig t HARDSCAE1 . C GRAVED PAVING' -ON LEASH AR'A, f ZAT4L'A tY 11• • evc:7' ` ( 1}LV PIr ..!-� 04CIT ...-aa•p nt }`p DUMP3TERN CSTIVA it carrrrrom ]r • r I r rs ', ��. C.lt T3• ~9i C17+.x0: F• cam a �.-%sr ;arorrQO 4r t•. r `rr. j. c ico J- is r OS. LS • icei, _Arm, — re: azc nv Is- .4 ea: f _t '-IC etz „ aa Interlocal Agreement with Tarrant County, Texas 8 of M&C Review Page 1 of 2 CIL COUNCIL ACTION: Approved on 4/1/2014 DATE: 4/1/2014 REFERENCE NO.: **C-26745 CODE: C TYPE. CONSENT SUBJECT: LOG NAME: PUBLIC HEARING: Authorize Execution of an Interlocal Agreement with Tarrant County for New Park Entry and Parking Lot Improvements at North Z Boaz Park in the Amount Not to Exceed $165,000.00 (COUNCIL DISTRICT 3) Official site of the City of Fort Worth, Texas FORT WORT II 80ILA COUNTY N Z BOAZ PARK NO RECOMMENDATION: It is recommended that the City Council authorize the execution of an Interlocal Agreement with Tarrant County in the amount not to exceed $165,000.00 for construction of new park entry and parking lot at North Z Boaz Park. DISCUSSION: On April 3, 2012, the City Council adopted Resolution No. 4080-04-2012 to re -purpose Z Boaz Golf Course into North Z Boaz Park On May 17, 2012 a Professional Services Agreement (City Secretary Contract No. 43231) was administratively executed with Kimley-Horn and Associates, Inc , for preparation of the overall site master plan in the amount of $24 800.00. Upon completion of the master plan process the proposed master plan was presented to and endorsed by the Parks and Community Services Advisory Board on September 26, 2012. The new community park was opened to the public on October 1, 2012. The approved master plan calls for a 140-stall parking lot and new park access to be located off Camp Bowie Boulevard, which borders the park to the south. As part of fundraising efforts the City was able to secure professional engineering services from Bury-DFW, Inc., for the preparation of design and construction documents for the new park entry and parking lot at no cost to the City. Additional solicitation efforts resulted in Tarrant County (County) agreeing to provide excavation, sub -base preparation and HMAC paving services for the proposed new entry and parking lot, which will equate to significant cost savings for the City as the City will only be paying for materials and equipment expenses. The County requested that the City execute an Interlocal Agreement in order for the County to hold a place on their Fiscal Year 2014 work calendar. Upon completion of the work, the County will invoice the City in an amount up to $165,000.00 to reimburse them for the materials. The new park entry and parking lot will have a concrete curb and gutter along with other miscellaneous construction requirements that will be included in a separate construction contract that Staff anticipates putting out for bid in April 2014, pending receipt of the pro bono construction plans, and awarding a contract in June 2014. North Z Boaz Park is located in COUNCIL DISTRICT 3, Mapsco 74J and 74N. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, funds will be available in current capital budget, as appropriated, of the Park Gas Lease Revenue Fund. TO Fund/Account/Centers FROM Fund/Account/Centers mhtml:file://C:\Documents and Settings\penns\My Documents\A1 - DS PROJECTS\ZBON... 4/4/2014 M&C Review Page 2 of 2 1) C282 541600 803470221880 $165.000.00 Submitted for City Manager's Office bv: Susan Alanis (8180) Oriainatina Department Head: Richard Zavala (5704) Additional Information Contact: Scott Penn (5750) ATTACHMENTS BOAZ DOG PARK -base-Model 100 Scale.odf mhtml:file://C•\Documents and Settings\penns\My Documents\Al - DS PROJECTS\ZBON... 4/4/2014