HomeMy WebLinkAboutContract 45505 CITY SEC801! oo
CT No 5000
CONT
INTER LOCAL CAL AGE E NT BETWEEN THE CITY F FORT WORTH AND TARRA T
COUNTY, TEXAS FOR THE, CONSTRUCTION OF A PARKING LOT
AT NORTH Z. BOA? PART
This Inter local 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 7911 of the Texas Government Code;
WHEREAS, the city owns and operates North Z. Boaz Park, located at 3200 Lackland
Road, Port Worth, Tarrant County, Texan 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 Lots) at the Park,
which will be approximately 83,0100 square feet;
WHEREAS, the city and County find that this Agreement will benefit all members of the
public by providing parking for those who Irish 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
91.003 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 nd Count find that the division of costs fairly compensates both
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parties and that each party paying for the performance of the governimeental functions or
services will rake 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:
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INCORPORATION IT S T DESCRIPTION l
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1.1 Cit y y g and Count agree that the recitals set forth above are true and correct and form the
rn 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 whii�ch will
be approximately 83,000 square feet and consist of lime stabilization, '"' flexbase, and 2"
Type D hot mix asphaltic concrete pavement surface Project"). Th - o t=atf r i n et �
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OFFICIAL. E D
CITY E „ E JR,
Interlocal Agreement with Tarrant County,Texas
WORTH,TX,
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forth and detailed in Exhibit 8, 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
g utters.
(ii) The county will perform additional sub grade preparations and asphalt
paving.
1.3.3 Phase 3
0) 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.
3.0 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
Project.
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.
Upon expiration of said 30 days, the City shall become responsible for maintenance of the
Parking 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.
5.
TIME PERIOD FOR COMMENCEMENT AND COMPLETION
5.1 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
notice.
7.2 The- County's obligations under section 4 of this Agreement shall survive the expiration
or early termination of this Agreement.
Interlocal Agreement with Tarrant County,Texas 3 of 8
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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 (39) 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: CITY:
County Administrator City Manager
Tarrant County _City of Fort Worth
199 E Weatherford Street 1999 Throckmorton Street
Fort Worth, Texas 76196 Fort Worth, Texas 76142
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 Oovernin 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 Assi ns. 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-Party 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
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
9.9 Severability. If any provision of this Agreement shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired.
9.19 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 respondent superior has no
application as between the City and County.
9.13 Force Majeure. If either party is unable, either in whole or part, to fulfill its obligations
under 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
operated properties and facilities in the interest of public safety and operate there 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
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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.
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Interlacal Agreement with Tarrant County,Texas 8 of 8
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
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COUNCIL ACTION: Approved on 41112014
DATE: 41112014 REFERENCE NO **C--20745 LOG NAME: 801LA COUNTY N Z
BOAZ PARK
CODE: C TYPE: CONSENT PUBLIC NO
HEARING;
SUBJECT: 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)
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. 4480--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 therm 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 INFORIVIATIONXERTIFICATION:
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/AccounVCenters
mhtm1:fi1e:HC ADocuments and Settingslpenns\My Documents\A 1 - DS PROJECTSIZBON... 4/4/2014
M&C Review Page 2 of 2
1 C282 541500 803470221880 $165,000.00
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional information Contact: Scott Penn (5750)
ATTACHMENTS
BOAZ DOG PARK -base-Model 100 Scale.pdf
mhtml:file-.HC:\Documents and Settings\penns\My Documents\A1 -DS PROJECTS\ZBON... 4/4/2014