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Home My WebLink AboutContract 39470THE STATE OF TEXAS COUNTY OF TARRANT CONTRACRETY T NO A"liro KNOW ALL BY THESE PRESENTS INTERLOCAL AGREEMENT This Agreement is made and entered into this ry ay of �Ly, 20095 by and between the County of Tarrant, acting herein by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY and THE CITY OF FORT WORTH, a home -rule municipal corporation _hereinafter referred to as CITY, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority of Sections 791.001 - 791.029, Texas Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both parties, that the undertaking will benefit the public and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, each governing body agrees to share in the cost of the services described below. NOW THEREFORE, the COUNTY and the CITY agree as follows: The COUNTY agrees to provide construction plans for the installation of a left turn lane along Campus Drive at its intersection with Joe B. Rushing, in accordance with CITY requirements, standards and specifications. The COUNTY will hire a contractor to perform all work shown in the construction plans at the COUNTY'S entire expense, except for the work described below to be done by the CITY. The CITY will assume full responsibility for future maintenance of Campus Drive upon acceptance of said improvements. A. The COUNTY agrees to reimburse the CITY for the cost of relocating 2 existing streets lights on Campus Drive. The COUNTY will provide reimbursement to the CITY within sixty (60) days of receiving an invoice from the CITY. B. The CITY agrees to provide all labor and equipment necessary to relocate the roadway lighting. The roadway lighting relocation shall consist of removing 2�� ETi4RY FT. WORTH; T^ existing steel poles and attached light heads, and replace in the proposed location in the median, per current CITY standards, at a total cost of $4000. C. The parties agree that the roadway lighting along Campus Drive remains owned and maintained by the CITY. D. The CITY agrees that it will be responsible for the traffic control necessary during the installation of the roadway lighting. This includes all signage, barricades and flagmen necessary to control traffic in and around the construction site. CITY shall notify COUNTY within thirty (30) days of completion of the Project of any complaint which the CITY may have regarding same. Upon completion of the Project by COUNTY and acceptance of the improvements by CITY, CITY shall be responsible for maintenance of same. 3. NO WAIVER Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY or CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. This Agreement may not be interpreted to waive the sovereign immunity of any party to this Agreement to the extent such party may have immunity under Texas law. 4. THIRD PARTY BENEFICIARY EXCLUDED The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. CITY agrees that COUNTY is relying upon CITY for notice to proceed with this Project, but COUNTY shall not be required to perform this Agreement within any time limit. 5. NO JOINT VENTURE OR PARTNERSHIP Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 6. AGENCY -INDEPENDENT CONTRACTOR s OFFICIAI. RE�t��l 11TY SEC!RETAR " LFTWORTH J"' � 'r, Neither COUNTY nor any employee thereof is an agent of CITY and neither CITY nor any employee thereof is an agent of COUNTY. This Agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other party. 7. ASSIGNMENT Neither party may assign, in whole nor ilip 3 any interest it may have in this Agreement without the prior written consent of the other party. 8. TERM This Agreement will conclude with the ending of the current fiscal year or completion of the Project, whichever occurs last. 9. ENTIRE AGRFEMVNT This Agreement represents the entire understanding of and between the parties and superseded all prior representations. This Agreement may not be varied orally, but must be amended by written document of subsequent date duly executed by these parties. This Agreement shall be governed by the laws of the State of Texas and venue for any action under this Agreement shall be in the district courts of Tarrant County, Texas, 10. NOTICES Any notice or other writing required by this Agreement, shall be deemed given when personally delivered or mailed by certified or registered United States mail, return -receipt, postage prepaid, addressed as follows: COUNTY: County Administrator Tarrant County 100 E Weatherford St Fort Worth, Texas 76196 CITY: City Manager City of Fort Worth 10 )0 Throckmorton St. Fort Worth, Texas 76102 ATTEST: COUNTY COUNTY OF TARRANT COUNTY 1� GE SECRETAR) �T. WORT4, TX � 1 �ccrq Authorization, Date COMMISSIONER, PRECINCT ONE ROY C. BROOKS *APPROVED IC�7 TRICT ATTORNEY *By law, the District Attorneys Office may onlldvise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contracts 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 FERNANDO COSTA ASSISTANT CITY MANAGER APPROVED AS TO FORM ATTEST i Ma Hendrix City Secretary Authorization: Certification of l�t.inds Available for he AYnount of $ S: RENEE TIDWELL, CPA COUNTY AUDITOR contract Authorization ITY SEGRETARI IT. WO RTHt T)( 4 Date `"// 241 01 5 T• � To: City Secretary's Office From: Raul Lopez — Infrastructure Plan Review t Date: 11/6/09 Re: ILA with Tarrant County for Construction of Left Turn Lane on Campus Dr. Please assign a City Sec. Contract number and file the enclosed ILA. Call me at extension 7818 if ,you have any questions. 1 executed ILA Dc��.r>�m�erl>� c�� Elrlli>�e�rin City Of Fort Worth iI_ TO: Raul Lopez, Transportation &Public Works Department FROM: Allison Tidwell, City Secretary's Office DATE: June 17, 2009 SUBJECT: INTERLOCAL AGREEMENT FOR CONSTRUCTION OF A LEFT TURN LANE AND NECESSARY MEDIAN OPENING IMPROVEMENTS AT INTERSECTION OF CAMPUS DRIVE AND JOE B. RUSHING ROAD These documents are being forwarded to you for original signatures from Tarrant County. All signed copies of the contract must be returned with original signatures for final processing. Failure to return the documents will delay the final processing of the contract. Once we have received all of the documents, we will assign a contract number. Thank you in advance for your cooperation. If you have any questions, please call me at 817-392-6090. Attached: 5 sets M&� Rev��w Page 1 of 2 CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 4/21/2009 Official site of the City of Fort bVorth, Texas Fc�R�r ��7ox�rl I -�- DATE: 4/21/2009 REFERENCE NO.: "*C-23455 LOG NAME: 20CAMPUS DRIVE LEFT TURN LANE CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize an Interlocal Agreement with Tarrant County for the Construction of a Left Turn Lane and the Necessary Median Opening Improvements at the Intersection of Campus Drive and Joe B. Rushing Road :_ f 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 left turn lane on Campus Drive and minor intersection improvements to connect to the proposed extension of Joe B. Rushing Road. Construction shall be the expense of Tarrant County entirely with inspection in the Fort Worth right-of- way to be conducted by the City. DISCUSSION: Tarrant County is extending the existing Joe B. Rushing Road on the west side of Campus Drive. While the proposed extension of Joe B. Rushing Road will be maintained by Tarrant County, the required left turn lane and median opening improvements are in City right-of-way and therefore to be maintained by the City. Tarrant County will provide construction plans and will hire a contractor at its own expense while the City will provide inspection. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/AccountlCenters FROM Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) William Verkest (7801) Jim Walker (8009) http://apps. cfwnet. org/council�acket/mc_review. asp?ID=11462&councildate=4/21 /2009 6/ 11 /2009 M&C Review Page 2 of 2 ATTACHMENTS 20CAMPUSDRIVE.�df http://apps.cfwnet. org/council�acket/mc_review.asp?ID=11462&councildate=4/21 /2009 6/ 11 /2009