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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: b " _ X f.1, . 1� , Commissioner Precinct 1, R hard Zavala Roy C Brooks Di ector,Parks&Community Services Department Attest: Attest: Q 4 Mary Y er K 4� a City Ci Secretarf' APPROVED AS TO FORM APPROVED AS TO FORM A LEGALITY 0,0 � m „ 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