HomeMy WebLinkAboutContract 47250 CITY SECM"TARY
CONTRACT NO.
THE STATE OF TEXAS
COUNTY OF TARRANT
INTERLOCAL AGREEMENT
FOR
THE EUGENE MCCRAY PARK PROJECT
Overlay and Various Parking Lot Improvements
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 overlay of
Eugene McCray Park and various parking lot improvements located at 3449 Quail Ridge
Road within the CITY, containing approximately 38,900 square feet of parking lots (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 parking
areas with six inches (6") of cemline slurry base stabilization and four inches (4") of HMAC, and
overlay existing parking lot area approximately 38,900 square feet.
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,said total costs being approximately
$31,143.00 but in no event will exceed that amount.
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 pay the COUNTY$150.00 for equipment and man-hours.
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.
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 � � day of �� V ,�� � � , 2015.
COUNTY OF TARRANT CITY OF FORT WORTH
STATE OF TEXAS
County Judge FO-P—Susan Alanis,Assista t City Manager
Date: °� i ���i „) �" � � �f��� Date: /C)-2� 16
Recommended for Approval:
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_ X f.1, . 1� ,
Commissioner Precinct 1, R hard Zavala
Roy C Brooks Di ector,Parks&Community
Services Department
Attest: Attest:
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Mary Y er K 4�
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City Ci Secretarf'
APPROVED AS TO FORM APPROVED AS TO FORM A
LEGALITY
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IM 7IS R C YOFFICE Dou glas W. Black
TAX—
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
Approval of a Project for an Interlocal Agreement Between
Tarrant County,Texas and City of Fort Worth
Tarrant County, Texas, acting by and through the Tarrant County Commissioners Court,
has been advised of the following described Project involving the construction, improvement, or
repair of a building, road or other facility. In accordance with Texas Government Code §
791.014, Tarrant County hereby gives its specific written approval for the Project prior to the
Project beginning. The Project information is as follows:
PROJECT and LOCATION:
Overlay of Eugene McCray Park and various parking lot improvements located at 3449 Quail
Ridge Road within the City of Fort Worth and Tarrant County Commissioner Precinct#1.
The local governments that have requested the Project and with whom the Interlocal
Agreement is by and between are Tarrant County, Texas, and the City of Fort Worth, Texas.
By vote on the date below, the Tarrant County Commissioners Court has approved the
Project identified above and authorized execution of this document by the presiding officer of the
Tarrant County Commissioners Court.
Bv:
Presiding Of ricer of the
Tarrant County Commissioners urt --'YL (6