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HomeMy WebLinkAboutContract 43398 (2)CITY SECRETARY o ' coKrr�ncrNO.__.i3�, INTERLOCAL AGREEMENT BETWEEN THE CITY OF KELLER AND THE CITY OF FORT WORTH STATE OF TEXAS COUNTY OF TARRANT This Agreement is entered into by and between the City of Keller ("Keller"), acting by and through Dan O'Leary, its duly authorized City Manager, and the City of Fort Worth, ("Fort Worth") acting by and through Fernando Costa, its duly authorized Assistant City Manager, both of Tarrant County, State of Texas. Keller and Fort Worth may be referred to individually as a "Party" or collectively as the "Parties." I. RECITALS WHEREAS, Chapter 791, Texas Government Code authorizes Interlocal Agreements between governmental entities to perform services either could undertake individually; and WHEREAS, Keller wants to install a sanitary sewer line under the pavement in the eastern quarter point of Katy Road just south of Caylor Road to Golden Triangle Boulevard within the City of Fort Worth limits; and WHEREAS, Keller will be responsible for the design, construction, and inspection of the sewer line and the design, reconstruction, and inspection of Katy Road and bear the responsibility and cost of this project under the terms and conditions set forth herein. There will be no cost participation or financial responsibility by Fort Worth for this project; and WHEREAS, Keller will manage the contracts for the Project, Fort Worth will review the design and have the right to inspect the sewer line and road construction at any time during the construction and after completion of the project; 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 the responsibilities and costs of the services, and functions under the terms and conditions set forth herein. sS OFFICIAL tCORD CITY SEC E '' ,, 01-16-12 P03:35 IN NOW THEREFORE, Keller and Fort Worth agree as follows: II. TERMS AND CONDITIONS A. Project. Keller will bare the cost and responsibilities associated with the design and construction of the sanitary sewei line and reconstruction of Katy Road (the "Project") as set forth herein B. Keller. 1. Keller will provide final construction plans to Fort Worth for final approval. 2. Keller will be responsible for easement acquisition for this project from the property owner(s). 3. Once Fort Worth has approved the final construction plans and specifications in writing, Keller will start the Project. 4. Keller inspectors will monitor and inspect the construction of the Project and provide material testing and compaction documents to Fort Worth. 5. Once the reconstruction work of Katy Road is completed and officially accepted by Fort Worth, the road will be warranted for two (2) years by Keller for material and workmanship. The sewer line will be maintained by Keller. Any damage to the load aftei the 2 years warranty as a result of sewer line repair shall be repaired by Keller. C. Fort Worth. 1. Fort Worth will review the final construction plans and specifications and, when warranted, submit its written approval to Keller to start the work. 2. Once the construction work is completed, Fort Worth will inspect and accept the work within the city limits of Fort Worth. D Effective Date and Term. This Agreement becomes effective when signed by the last Party who's signing makes the Agreement fully executed and remains in force and effect until the completion and acceptance of the Project unless otherwise terminated. E. Amendment. This Agreement may only be amended, altered, or revoked by written instrument signed by Parties. F. No Waiver of Immunity or Defenses. Nothing in the performance of this Agreement shall impose any liability for claims against either Fort Worth or Keller, other than claims for which the Texas Tort Claims Act may impose liability. Nothing contained herein shall be deemed to waive any immunity or defense or constitute a waiver of governmental immunity by Fort Worth or Keller. G. No Third Party Beneficiaries. It is understood by the Parties that this Agreement is entered into for the mutual convenience and purposes of Keller and Fort Worth and it is the Parties intent that no person shall be construed as a beneficiary of this Agreement. Further, the Parties do not intend for any third party to obtain any right by virtue of this Agreement. H. No Creation of Rights. By entering into this agreement, the Parties do not intend to create any obligations express or implied other than those stated in the agreement. Further, this agreement shall not create any rights in any party not a signatory to the agreement. I. Severability. In the event any section, subsection, paragraph, subparagraph, sentence, phrase, or word herein is held invalid, illegal, or unenforceable, the balance of this Agreement shall be enforceable, and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, subparagraph, sentence, phrase, or word. In such event there shall be substituted for such deleted provision a provision as similar in terms and in effect to such deleted provision as may be valid, legal and enforceable. J. Entire Agreement. This Agreement, including any exhibits attached and made a part hereof, is the entire Agreement between the parties and supersedes all prior or contemporaneous understandings or representations, whether oral or written, respecting the subject matter herein. EXECUTED this day of ffkzrcth , 2012. CITY OF FELLER CITY OF FORT WORTH Dan O'Leary / City Manager 4,74444••••4 Fernando Costa Assistant City Manager Reconnmended By: By: Gregory W. Dicken's, P.E. irector of Public Works A' 11'T 111,ST : Sheila Stephens City Secretary L. Atanitt Lovi;y,/ City Attorney Contract AuthOtln ttio* pate *I I • KELLER & FORT WORTH INTERLOCAL AGREEMENT Page 4 of 4 ecommended (2 0 Dougla . Wiersig, P.E., '‘tor Transportation & Public rks AT ICES' 10 0 Mary J. Kayser City Secretary ,�.' U() A' ®0o000od r4 44. fror a 0 Approves' as to Form and i,egality: Douglas Black Assistant City Attorney (-)171111 111,�` r / (( :, f 1 � \! 1 � 1; S.(7�1 L 11 � 1 1 r`; \ikiri odnt7 °(�op° ° ti 1 2 3 4 5 6 7 RESOLUTION NO. 3186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS, AMENDING THE CITY OF KELLER COMPREHENSIVE THOROUGHFARE PLAN. WHEREAS, the City of Keller adopted the original Comprehensive Thoroughfare Plan in May 1988; and WHEREAS, the last amendment to the Comprehensive 8 Thoroughfare Plan was by Resolution No. 2251 adopted by the City Council of the City of 9 Keller, Texas on November 16, 2004, and 10 WHEREAS, the City of Keller periodically reviews and 11 amends the Comprehensive Thoroughfare Plan of the City in conjunction with the growth 12 of the community; and 13 WHEREAS, the transportation engineering firm of 14 Kimley-Horn and Associates, Inc., has prepared a U.S. Highway 377 Couplet Study, 15 dated March 2012; and 16 WHEREAS, the City Council had Staff conduct a public meeting to receive public comments relating 17 to the U.S. Highway 377 Couplet Study; and 18 WHEREAS, based on public input, the City Council has 19 determined to amend the City of Keller Comprehensive Thoroughfare Plan by removing 20 the U.S. Highway 377 Couplet concept from the plan, attached hereto as Exhibit "A". 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS: 23 Section 1: THAT, the above findings are hereby found to 24 be true and correct and are incorporated herein in their entirety. 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 2: THAT, the City Council of the City of Keller, Texas hereby approves amending the City of Keller Comprehensive Thoroughfare Plan, adopted November 16, 2004, by Resolution No. 2251, by removing the U.S. Highway 377 Couplet concept from the plan, attached hereto as Exhibit "A". AND IT IS SO RESOLVED. Passed by a vote of 5 to 0 on this the 20th day of March, 2012. ATTEST: Approve CITY QF KELLER, TEXAS BY: City Secretary �/' .H. McGrail, and Legality: ntoIf r ; C, y Attorney Mayor 2 CET coil Gnort Werth, llexas Mayor and Counci Communication COUNCIL ACTION: Approved on 7/10/2012 DAT LOG NAM SUBJECT: Authorize Execution of an Interlocal Agreement with the City of Keller to Install a Sanitary Sewer Line on Katy Road at No Cost to the City of Fort Worth (COUNCIL DISTRICT 2) Tuesday, July 10, 2012 REFERENCE NO.: **C-25687 20ILA-KELLER RECOMMENDATION: It is recommended that the City Council authorize the execution of an Interlocal Agreement with the City of Keller to install a sanitary sewer line on Katy Road at No Cost to the City of Fort Worth. DISCUSSION: At the request of the City of Keller, the City of Fort Worth has agreed to enter into an Interlocal Agreement to install a sanitary sewer line on Katy Road just south of Caylor Road to Golden Traingle Boulevard within the City of Fort Worth limits. Under the Agreement, the City of Keller will be responsible for the design, construction, and inspection of the sewer line and the design, reconstruction and inspection of Katy Road. The City of Keller will be responsible for the cost of this project. The City of Fort Worth will incur no cost resulting from this Agreement. Additionally, the City of Keller will manage the contracts and the City of Fort Worth will review the design and have the right to inspect the project during construction. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on city funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Douglas W. Wiersig (7801) George Behmanesh (7914) ATTACHMENTS 1. ILA KELLER MAP.pdf (Public) Logname: 20ILA-KELLER Page 1 of 1 �vr AVON Alk I!) COJCIL COMMUNICAu ION MAP 2WE1A KELLER MAP STAGECOACH ZI ' w SOCCER 1 0 1 LINE DRIVE 1 I EnI • • iMm 1 1 -i FARM VIEW f 1 i 1lr �� ' 1 �ETINIFER r, I FOXCROFT r 1 i w r ,' Iq t/tOYALGkADE �t 1 I � I vD I gI I MOUNT GILEAD ti TAYLOR 4 !HILL I (- VINE hATES 1 , 0)1 1 �1 1 Oi 1 ¢ RIAN ► 1 0I B A„ 1 1 ... 1 En . 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