HomeMy WebLinkAboutContract 43794 (2)THE STATE OF TEXAS
COUNTY OF TARRANT
SECmei` YE_ 1COak Grove Road
ouwo rlocal Agreement
Page 1 of 4
KNOW ALL BY THESE PRESENTS
INTERLOCAL AGREEMENT
This Agreement is made and entered into this ' ;' day of , 2012, 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, TEXAS, acting by and through Fernando Costa, its duly authorized Assistant
City Manager, hereinafter referred to as CITY, both of Tarrant County, State of Texas,
witnesseth:
WHEREAS, this Agreement is made under the authority granted by and pursuant
to Chapter 791 of the Texas Government Code; and
WHEREAS, the COUNTY and CITY, in performing governmental functions or
in paying for the performance of governmental functions hereunder, shall make that
perfoinnance or those payments from current revenues legally available to that party, and
WHEREAS, each governing body finds that the following described project is
necessary for the benefit of the public and that each party has the legal authority to build
or maintain the project or to provide such service, and the construction and improvement
thereof is in the common interest of both parties hereto; and that the division of costs
provided for constitutes adequate consideration to each party; said project being more
particularly described as:
• Installation of high water warning signs and warning flashers on Oak
Grove Road (the `Road") north and south of Deer Creek in Tarrant
County, Texas, a location that is overtopped with water during major
storms.
For and in consideration of the mutual undertaking hereinafter set forth and for adequate
consideration given, the parties agree as follows:
Oak Grove Road
Interlocal Agreement
Page 2 of 4
I.
SCOPE
1. The COUNTY grants the CITY a license to conduct studies and inspections,
construct, install, repair, and maintain high-water warning signs and warning
flashers within the right-of-way of Oak Grove Road north and south of Deer
Creek (the "Project") in Tarrant County, Texas. Should the CITY require
additional right-of-way to accomplish the Project, the CITY will acquire at the
CITY's expense without any claim for reimbursement.
2. The CITY will conduct a warrant study to evaluate the depth and frequency of
water overtopping the Road, history of fatalities, rescues or citizen complaints,
hazard concealment, severity of downstream threat, traffic volumes, and detour
length.
3. The CITY will provide all labor and equipment necessary for the Project.
4. The CITY will prepare flasher design plans, specifications and estimates.
5. The CITY is responsible for all future maintenance of the high-water warning
signs and warning flashers.
6. The CITY is responsible for all costs associated with the Project If the CITY's
installation or maintenance of the high-water warning signs and warning
flashers is unsatisfactory to the COUNTY, the COUNTY may submit a written
complaint to the CITY. The CITY must respond to written complaints within
ten (10) days of receipt.
II.
NO AGENCY
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.
Ill
ASSIGNMENT
Neither party may assign, in whole nor in part, any interest it may have in this Agreement
without the prior written consent of the other party.
Oak Grove Road
Interlocal Agreement
Page 3 of 4
W.
THIRD PARTY BENEFICIARY EXCLUDED
No person other than a party to this Agreement may bring a cause of action pursuant to
this Agreement as a third party beneficiary. 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.
V.
ENTIRE AGREEMENT
This Agreement represents the entire understanding of and between the parties and
superseded all prior representations This Agreement may not be varied orally, but may
only 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.
VI.
TERM & TERMINATION
The CITY has eighteen (18) months from the date of execution of this Agreement to
complete the installation of the improvements provided for herein. Upon completion of
installation of the improvements the CITY shall be responsible at its own cost for
maintaining these improvements and making certain that they are in good working order.
This Agreement may be teiininated by either party by providing at least thirty (30) days
written notice to the other party. In the event of termmation, any improvements
associated with the Project not removed by the CITY within thirty (30) days from the date
of termination shall become the property of the COUNTY, and may be used or disposed
of by the COUNTY free of any claims by the CITY.
VII
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
1000 Throckmorton St.
Fort Worth, Texas 76102
ATTEST:
ary Kayser
City Secretai
Date: /01?--S1/1��
D
Authorization: t1/4 - Z 5'9 L z
Imo.
Fenian' , Costa
Assistant City Manager
et
APPROVED AS TO FORM
AND LEGALITY:
nalllirar ea
Doug Black
Assistant City Attorney
ATTEST: COUNTY OF TARRANT
dichlou)(7,(irby)
r
B. Glen Whitley
County Judge
Roy C. Brdoks
Commissioner, Precinct One
*APPROVED AS FO
Oak Grove Road
Interlocal Agreement
Page 4 of 4
OFFICIAL RECO
CITY SEC Mf!y
cal Fiat MCORM9 TN
ASSISTAISTRICT ATTORNEY - - - -�
*By law, the District Attorney's Office may only advise 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).
COMMISSIONERS COURT
COMMUNICATION
REFERENCE NUMBER 0
PAGE I OF 6
DATE: 8/28/2012
SUBJECT: APPROVAL OF INTERLOCAL AGREEMENT WITH THE CITY OF FORT
WORTH TO INSTALL HIGH WATER WARNING SIGNS AND WARNING
FLASHERS ON OAK GROVE ROAD AT DEER CREEK - PRECINCT 1
*** CONSENT AGENDA ***
COMMISSIONERS COURT ACTION REQUESTED:
It is requested that the Commissioners Court approve an Interlocal Agreement with the City of Fort
Worth for the installation of high water warning signs and warning flashers on Oak Grove Road, north
and south of Deer Creek, located in Precinct 1.
BACKGROUND:
On August 31, 2010, the City of Fort Worth executed a Local Project Advance Funding Agreement
with the Texas Department of Transportation to install high water warning systems all several roads
located within the City of Fart Worth. 1'he approved projects included an installation on Oak Grove
Road at Deer Creek, a County road located within the City s extra -territorial jurisdiction. The City has
asked Tarrant County to enter into an Interlocal Agreement to allow the City to install and maintain
this system.
The City is responsible for all costs associated with the project, including all the labor and equipment
necessary to install the high water warning system. The City will assume ownership and maintenance
of the system when the installation is complete The County will continue to maintain Oak Grove
Road.
FISCAL IMPACT:
There is no fiscal impact to Tarrant County.
SUBMITTED BY: Transportation Services PREPARED BY: Joe Trammel
APPROVED BY:
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M&C Review Page 1 of 1
CITY COUNCIL AGENDA
Official site of the City of Fort Worth, Texas
FoRT %%
COUNCIL ACTION: Approved on 10/16/2012
DATE:
10/16/2012 RHFERENCE NO.: **C-25922 LOG NAME:
CODE: C TYPF:
PUBLIC
bbARlNG:
SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County to Install High Water
Warning Signs and Flashers on Oak Grove Road at Deer Creek (COUNCIL DISTRICT 8)
2OSWM ILA-TARRANT
COUNTY
CONSENT
NO
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Interlocal Agreement with
Tarrant County to install high water warning signs and flashers on Oak Grove Road at Deer Creek.
DISCUSSION:
On August 31, 2010, the Council executed a Local Project Advance Funding Agreement with the
Texas Department of Transportation to install high water warning systems along several roadways
within the City of Fort Worth. The proposed project locations include the installation of a system on
Oak Grove Road at Deer Creek, a County road, immediately adjacent to the City's corporate limits
and within the City's extra -territorial jurisdiction. Staff has communicated and coordinated with Tarrant
County Officials and the Precinct 1 Commissioner for the approval to install and maintain a high water
warning system at the Deer Creek crossing location.
The Interlocal Agreement was approved by Tarrant County's Commissioners Court on August 28,
2012
This project is located in close proximity to COUNCIL DISTRICT 8, Mapsco 120E
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Doug W. Wiersig (7801)
Cannon R. Henry (2587)
ATTACHMENTS
MC 20SWM ILA-TARRANT COUNTY Proiect Map.pdf
http://www.fortworthgov.org/council_ packet/mc_review. asp?ID
17490&councildate 10... 10/17/2012