HomeMy WebLinkAboutContract 58418 CSC No. 58418
INTERLOCAL AGREEMENT BETWEEN
TARRANT COUNTY AND THE CITY OF FORT WORTH
For
Everman-Kennedale-Burleson Road Hazardous Roadway Overtopping Safety Improvements
This Interlocal Agreement ("Agreement") is entered into by and between Tarrant
County, a political subdivision of the State of Texas, acting by and through its duly authorized
representative, ("Tarrant County"), and the City of Fort Worth, a Texas home rule
municipality, acting by and through its duly authorized representative ("Fort Worth"), herein
collectively known as the "Parties".
I. RECITALS
WHEREAS, Chapter 791 of the Texas Government Code, the Interlocal Cooperation
Act, authorizes municipalities to enter into interlocal agreements for the provision of
governmental functions and services; and
WHEREAS, each governing body, in performing governmental functions or in funding
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, that segment of Everman Kennedale Burleson Road between South Dick
Price Road and Anglin Drive traverses both the City of Fort Worth and Tarrant County; and
WHEREAS, there are existing high-water flood warning flashers in this section of
Everman-Kennedale-Burleson Road installed in 2014 by the City of Fort Worth that are owned
and maintained by the City of Fort Worth to be ratified under this Agreement; and
WHEREAS, Fort Worth desires to improve the section of Everman Kennedale
Burleson Road between South Dick Price Road and Anglin Drive to improve road user safety
during heavy rain events, specifically, within the City of Fort Worth at the crossing of Village
Creek and to make and identify certain other roadway improvements within Tarrant County;
NOW THEREFORE, Tarrant County and Fort Worth agree as follows:
II. TERMS AND CONDITIONS
A. Project. Fort Worth and Tarrant County agree to cooperate in (1) the
construction of Hazardous Roadway Overtopping Mitigation safety improvements near the
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crossing of Everman Kennedale Burleson Road and Village Creek as shown in Exhibit A and
referred to as the "Project".
B. Design of the Project. Fort Worth will prepare and pay for 100% of the Project
engineering and design costs estimated at an amount up to $36,000.00. Tarrant County shall
have the opportunity to review the design at all phases of the design process for the Project and
Fort Worth will address Tarrant County's comments to the extent they do not materially
change the intent of the Project. Fort Worth will be responsible for incidental engineering costs
which may arise during construction.
C. Construction of the Project. Fort Worth will pay 100% of construction costs of
the Project, estimated at an amount up to $129,000.00.
Tarrant County herewith grants Fort Worth the temporary right to access for design and
to perform construction in that portion of the Everman Kennedale Burleson Road right-of-way
which lies in the Tarrant County so that Fort Worth and its contractors may complete the
Project.
D. Award, Construction, and Maintenance.
Tarrant County shall be responsible for:
1. Review of design documents for Project.
Fort Worth will be responsible for:
I. Full design of the project subject to Tarrant County's review rights in Section
B;
2. Inspection and materials testing for the Project;
3. Final approval of design documents for Project;
4. All construction costs of the Project;
5. Maintenance of the Project and the existing City of Fort Worth flood warning
flashers in the area.
E. Current Revenue. No debt is created by this Agreement. Tarrant County and
Fort Worth each hereby warrant that all payments, contributions, fees and disbursements, if
any, required under this Agreement shall be made from current revenues.
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 Tarrant County,
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 sovereign
or governmental immunity by Fort Worth or Tarrant County.
G. No Third Party Beneficiaries. It is understood by the Parties that this
Agreement is entered into for the mutual convenience and purposes of Tarrant County and Fort
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Worth and it is the Parties' intent that no other 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. Force Majeure. If, by reasons of Force Majeure, any party will be rendered
wholly or partially unable to carry out its obligations under this Agreement after its effective
date, then such party will give written notice of the particulars of such Force Majeure to the
other party or parties within a reasonable time after the occurrence of such event. The
obligations of the party giving such notice, to the extent affected by such Force Majeure, will
be suspended during the continuance of the inability claimed and for no longer period, and any
such party will in good faith exercise its best efforts to remove and over come such inability.
J. Severability. In the event any section, subsection, paragraph, subparagraph,
sentence, phrase, or word of this Agreement is held invalid, illegal, or unenforceable by a court
of competent jurisdiction, 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.
K. No Waiver. The failure of either party to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of that
party's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
L. Amendment. This Agreement may only be amended, altered, or revoked by
written instrument signed by the parties to such amendment.
M. Termination. Fort Worth may terminate this agreement in the event funding for
the project is not authorized by its respective governing body, or if after 95% design as
specified in Section B, the cost estimates exceed the reasonably available funding, by
providing minimum 30 days' written notice to the other Party.
N. Notice. Any notice provided for or permitted under this Agreement shall be
made in writing and may be given or served by (i) delivering the same in person to the party to
be notified, or (ii) depositing the same in the mail,postage prepaid, certified with return receipt
requested, and addressed to the party to be notified, or (iii) sending by electronic means, with a
copy thereof sent by registered mail on the same day. If notice is deposited in the mail
pursuant to (ii) or (iii) of this Article, it will be effective upon receipt or refusal. For the
purpose of notice, the addresses of the parties are, until changed as provided below, as follows:
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City of Fort Worth
Transportation and Public Works Department—Capital Delivery Division
Justin Naylor
200 Texas Street
Fort Worth, Texas 76102
With copy to:
Douglas W. Black, Sr. Assistant City Attorney
200 Texas Street
Fort Worth, Texas 76102
With copy to:
Attn: Joseph Jackson, P.E., CFM
Tarrant County Transportation Services
100 E. Weatherford, Suite 401
Fort Worth, Texas 76196
The parties may from time to time change their respective addresses, and each shall
have the right to specify as its address any other address upon at least ten days written notice to
the other party.
O. 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.
P. Effective Date and Term. This Agreement shall become effective immediately
upon its execution by the later of the Parties whose signature makes the Agreement fully
executed, as indicated by the date subscribed by a signatory and shall be for a term of two
years or until completion of the Project, whichever occurs first. This Agreement may be
renewed upon approval by the parties.
Q. Non Discrimination. Neither Fort Worth nor Tarrant County, nor any of their
officers, members, agents, employees, program participants, or subcontractors, while engaged
in performing this contract, shall in connection with the employment, advancement, or
discharge of employees, or in connection with the terms, conditions or privileges of their
employment, discriminate against persons because of their age, except on the basis of a bona
fide occupational qualification, retirement plan, or statutory requirement.
Fort Worth and Tarrant County agree that in the execution, performance, or
attempted performance of this Agreement, they will not discriminate against any person or
persons because of gender, religion, color, sexual orientation, or national origin, nor will either
party permit its respective agents, employees, subcontractors or program participants to engage
in such discrimination.
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ACCORDINGLY, the City of Fort Worth and Tarrant County, by and through each
Party's designated official representative, hereby execute this Agreement to be effective as
described above.
TARRANT COUNTY CITY OF FORT WORTH
William Johnson(No 8,202213:26CST)
B.Glen Whitley William Johnson
County Judge Assistant City Manager
Date: Date: Nov 8, 2022
Recommended by:
Commissioner, Precinct 1 Lauren Prieur �44na�a�
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Roy Charles Brooks Interim TPW Director oo°° oo dd
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J*fhette S.Goodall(Nov 9,202211:W ST)
Jannette S. Goodall
City Secretary
APPROVED AS TO FORM APPROVED AS TO FORM AND LEGALITY
Mack(Nov 8,2022 07:50 CST)
CRIMINAL DISTRICT ATTORNEYS OFFICE Douglas W. Black
Sr.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 Contract Compliance Manager:
approval. Instead,those parties should seek , ;`
contract Review from independent counsel.
Berton Guidry, P.E.
M&C No. 22-0691 Project Manager
Date 11/03/2022
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EXHIBITS
- 103243 Everman-Kennedale-Burleson Map
- City of Fort Worth Mayor and Council Approval
ILA CFW-TC For Everman Kennedale Burleson Safety Improvements Page 6 of 6
CPN 103243 Everman-Kennedale Road HROM Safety
Construction Map
Interlocal Agreement between Tarrant County and
City of Fort Worth
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, September 13, 2022 REFERENCE NO.: **M&C 22-0691
LOG NAME: 20SWM EVERMAN-KENNEDALE-BURLESON HROM
SUBJECT:
(CD 8)Authorize Execution of an Interlocal Agreement with Tarrant County, in the Amount
Not to Exceed$165,000.00, for the Everman-Kennedale-Burleson Hazardous Roadway
Overtopping Mitigation Safety Project
RECOMMENDATION:
It is recommended that the City Council authorize execution of an interlocal agreement with
Tarrant County, in the amount not to exceed$165,000.00 for the Everman-Kennedale-Burleson
Hazardous Roadway Overtopping Mitigation Safety project(City Project No. 103234).
DISCUSSION:
The purpose of this Mayor and Council Communication(M&C) is to authorize execution of an
interlocal agreement(ILA)with Tarrant County, in an amount not to exceed$165,000.00,to
partner together to install flood safety equipment on Everman-Kennedale Road,between Anglin
Drive and South Dick Price Road, which is a hazardous road overtopping (HRO) location and
a safety concern when the area is flooded.
The HRO location is within Council District 8 but bordered on each side by Tarrant County. By
the terms of the ILA, Tarrant County grants permission to install flood safety equipment in
Tarrant County. The flood safety improvements include flood warning signs, streetlights, new
guardrail ends, and flood gauges. The City of Fort Worth will fund the design and construction
of the proposed project and maintain the safety equipment once it is installed. The agreement
will also authorize existing flood warning flashers and associated equipment installed and
operated by the City of Fort Worth at this location within the Tarrant County limits. This will
benefit those traveling in Council District 8 on Everman-Kennedale Road, through Tarrant
County.
Funding is budgeted in the Stormwater Capital Projects and the Stormwater Rev Ref Bonds
2020 Funds for the purpose of funding the Everman-Kennedale HROM Safety project, as
appropriated.
This project is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as
previously appropriated, in the Stormwater Capital Projects and the Stormwater Rev Bonds
2020 Funds for the Everman-Kennedale HROM Safety project, to support the approval of the
above recommendation and execution of the interlocal agreement. Prior to any expenditure
being incurred, the Transportation&Public Works Department has the responsibility to validate
the availability of funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Account Project ProgramActivity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project ProgramActivity Budget Reference# Amount
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: William Johnson (7801)
Originating Department Head: Lauren Prieur (6035)
Additional Information Contact: Linda Young (2485)
ATTACHMENTS
1. 20SWM EVERMAN-KENNEDALE-BURLESON HROM funds availability.pdf (CFW
Internal)
2. 20SWM EVERMAN KENNEDALE FID Table.xlsx (CFW Internal)
3. ILA CFW-TC Everman Kennedale HROM Safety.pdf (Public)
4. Map Everman-Kennedale HROM Safety_.pdf (Public)