HomeMy WebLinkAboutContract 30454 CITY SECRETARY
CONTRACT NO.
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
AGREEMENT 1-l
This Agreement is made and entered into this - day of 2004, by and
between the County of Tarrant, acting herein by and through its gov ' ing body, the
Commissioners Court, hereinafter referred to as COUNTY, and the City of Fort Worth,
hereinafter referred to as CITY, both of Tarrant County, State of Texas; and
WHEREAS, the CITY and the COUNTY understand that the Federal
Government will be providing Federal funds for the reconstruction of Bomber Road, a
road located in Fort Worth, Tarrant County Texas; and
WHEREAS, the CITY and the COUNTY understand that the Texas Department
of Transportation, herein referred to as the STATE, intends to use such funds for the
reconstruction of Bomber Road;
WHEREAS, as part of this agreement between the CITY and COUNTY, each
party will perform the duties and responsibilities as outlined in this agreement
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 all 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 as described below.
NOW THEREFORE, the CITY and the COUNTY, agree as follows:
1.
Upon receipt of funds from the federal government for the reconstruction of
Bomber Road, and the STATE performing the design, plans and drawings for Bomber
Road's reconstruction in the location shown on the attached Exhibit "A" (Project),
COUNTY agrees to reconstruct Bomber Road in accordance with the plans and drawings
provided by STATE and approved by the COUNTY.
ATTEST: CO TY OF TARRANT
,,.
COUNTY JUDGE
dZmMISSIOfl4ER, PRECINCT FOUR
J. D. JOHNSON
APRO74410;*"",
ASSIST DISTRICT ATTORNEY
ATTEST: CITY OF FORT WORTH
Q � r� Marc A. Ott, Assistant City'Manager
APPROVED AS TO FORM
AND LEG LITY Coritr ct author i zet i om
l
i
Date
Assistant City Attorney
� , V}: ,
�_ - y�y,•• r,';z '�� U.S. Government Gate
i
c -F
City of Fort Worth
r
Rd. shall begin at C liffor
Rd.and continue rth
6600 Linear-Feet
Air orce Plant # 4
Proposed Reconstruction N
r
r ` O
n
2
m
m
v
PROPOSED RECONSTRUCTION OF BOMBER ROAD
t�
DEPARTMENT OF THE AIR FORCE
EASEMENT FOR ROAD OR STREET
ON AIR FORCE PLANT. NO, 4.. FORT WORTH. TEXAS
STATE OF TEXAS. COUNTY OF TARRANT&
DATE: 42004
Grantor: Aeronautical Systems Center, Acquisition Environmental
Management
Page I of 7
2. The Grantee shall at all times maintain said road or street in good condition and shall
promptly make all repairs thereto needed to preserve a smooth-surface highway.
3. Any property of the United States damaged or destroyed by the Grantee incident to the
use and occupation of the said premises shall be promptly repaired or replaced by the Grantee
to the satisfaction of the said official, or in lieu of such repair or replacement the Grantee
shall, if so required by said official, pay to the United States money in an amount sufficient to
compensate for the loss sustained by the United States by reason of damages to or destruction
of Government property.
4. The use and occupation of said lands of the Government for the purposes authorized by
this instrument shall be subject to such rules and regulations as the said official may prescribe
from time to time in order to properly protect the interests of the Government.
5. The United States shall in no case be liable for any damages or injuries to the said road or
street which may be used by or result from any operations undertaken by the United States,
and no claim or right to compensation shall accrue from such damages or injuries.
6. The United States reserves the right to maintain any existing, and make any needed
connections between the road herein authorized and the roads and streets on the remainder of
its property at or near the subject location.
7. Grantee shall ensure that it does not pave over or otherwise damage existing monitoring
wells or points of access for utilities. Such locations include, but are not necessarily limited to
those "x and y axis" as depicted in EXHIBIT C, attached hereto and made a part hereof. The
Grantee shall not interfere with sampling or maintenance of existing monitoring wells or other
utility access points on the road or right of way.
8. The United States reserves to itself rights of way for all purposes across, over, and/or
under the right of way herein granted, including the right to install additional monitoring wells
or points of access for utilities; provided, however, that such rights shall be used in a manner
that will not create unnecessary interference with the use and enjoyment by the Grantee of said
right of way for highway purposes. Prior to changes to the roadway, or through the road
surface, written notice will be provided to Grantee.
9. All or any part of such right of way herein granted may be annulled and forfeited for
failure to comply with any or all of the provisions or conditions of this grant, or for nonuse for a
period of two consecutive years, or for abandonment of rights granted herein. Written notice of
such termination shall be given to Grantee. Further, although this easement is otherwise meant
to be perpetual, in the event that the United States does not offer, and the Governor of Texas
accepts a legislative retrocession to "concurrent jurisdiction" within five years of the date of this
easement, said easement will be annulled and forfeited.
Page 3 of 7
In responding to environmental matters herein, Grantor Pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601
et seq. (CERCLA), and Executive Order 12580, is and shall continue to be the lead federal
agency for such Response Actions.
Grantee, at its own expense, shall have the right to take splits of samples of environmental
media and/or remediation derived waste obtained by the Grantor or anyone acting on behalf of
the Grantor so long as the split of a sample would not prohibit an analysis from being conducted
or render an analysis inconclusive.
The Grantor also reserves for itself, its successors, and its contractors, and licensees, and
assigns, without cost, rights of access for remedial action, to include but not limited to rights to
investigate, install, operate, maintain, repair, replace, or modify equipment, to drill wells and
conduct soil borings, and for other such purposes as the Grantor deems necessary, until such time
as the Grantor determines that no further environmental response is necessary.
14. Grantee, its agents, employees, contractors and consultants shall cause or permit no liens
of any type, including without limitation, any mechanic's or materialmen's liens, to be recorded
or placed against the subject property. Grantee shall comply with all Federal, State and local
laws, ordinances and regulations, and shall conduct all activities on the subject property in a safe
and reasonable manner. Grantee shall not commit or cause to be committed any nuisance or
waste in or about the subject property nor shall Grantee take or cause to permit any other party to
take any action that would impair, prevent or prohibit the Grantor's reasonable use and
enjoyment of the subject property.
15. Grantee agrees, except as is otherwise provided or limited by the Constitution of the State
of Texas and Texas law, for itself, its employees, its assignees, agents, consultants, business
invitees, licensees, permittees, tenants, contractors and any other person or entity claiming
through or under Grantee, to indemnify, save harmless, defend, remise, release and forever
discharge the United States, its agencies, officers, employees, instrumentalities, administrators
and all representatives thereof from and against any and all liabilities, demands, actions, debts,
judgments, penalties, forfeitures, suits, claims, counterclaims or cross-claims, including but not
limited to claims for personal injury or death, claims for damage to property of the Grantee or of
others, claims by third parties and claims by regulatory authorities, directly or indirectly, at the
subject property, and the costs and expenses incident thereto (including costs of defense,
settlement and reasonable attorneys' fees), which the United States or a person or entity claiming
thereunder may hereafter incur, become responsible for or pay out as a result of acts or omissions
of Grantee or its successors, assigns, subrogees, representatives, licensees, permittees, tenants,
contractors or any other person or entity claiming through or under Grantee, related to the
exercise of Grantee's right and obligations under, or arising from activities pursuant to this Grant.
This indemnity and hold harmless agreement shall survive the expiration or termination of this
Agreement. Nothing contained herein shall ever be construed so as to require Grantee or its
assignees to assess, collect or levy any tax to fund its obligations created under this paragraph.
"Assignee" shall be defined as Tarrant County or another municipality.
Page 5 of 7 Ire L.�J..
4. , YF.
Grantee:
THE CITY OF FORT WORTH,
a municipal corporation of Tarrant County, Denton County and Wise County, Texas
By:
Name:
Title:
ACKNOWLEDGEMENTS
STATE OF Ohio §
COUNTY OF Montgomery §
BEFORE ME, a Notary Public in and for the State of Ohio, on this day personally appeared
and acknowledged to me that he executed the
same on in the capacity herein stated and on behalf of said entities.
Notary Public in and for State of Ohio
(printed name)
My Commission Expires:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, a Notary Public in and for the State of Texas, on this day of personally appeared
, of The City of Fort Worth, a municipal
corporation of Tarrant County and Denton County, Texas, who acknowledged to me that he executed this
instrument on behalf of the municipal corporation.
Notary Public in and for State of Texas
(printed name)
My Commission Expires:
`y Q�j !y
nV i
Page 7 of 7 !�
Description of easement to be granted by the United States of America to the City of Fort
Worth, Texas for a road.
Parcel No. 1
All that certain tract or parcel of land lying and being in Tarrant County, Texas, situated on
the waters of the Trinity River, and embracing in part the following patented survey; J.J. Reese,
and described as follows:
A strip of land, 100 feet in width, extending 50 feet on each side of the following described
centerline:
Beginning at a stake on the south line of the Aircraft Assembly Plant tract, from which the
southwest corner of the said tract bears S. 89.41' W., 50.0 feet;
Thence N. 0� 26'E., 504.2 feet to a stake:
Thence in a northeasterly direction along a curve to the right having a radius of 800.0 feet,
a distance of 711.50 feet to a stake;
Thence N. 51° 24' E., 1020.0 feet to a stake in a north line of the Aircraft Assembly Plant
tract from which the most westerly northwest corner of said tract bears N. 89° 49' W., 1138.5
feet, containing 5.13 acres, more or less.
Parcel No. 2
All that certain tract or parcel of land lying and being in Tarrant County, Texas, situated on
the waters of the Trinity River, and embracing in part the following patented survey; J.J. Reese,
and described as follows:
A strip of land, 100 feet in width, extending 50 feet on each side of the following described
centerline:
Beginning at a stake on a west line of the Aircraft Assembly Plant tract, from which a
northwest corner of said tract bears N. 0° 04' W., 230.5 feet and a Lake Worth Monument No.
236 bears N. 0° 04' W., 215.8 feet;
Thence N. 51 24'E., 315.0 feet to a stake;
Thence in a northeasterly direction along a curve to the left having a radius of 600.0 feet, a
distance of 426.38 feet to a stake;
Thence N. 10° 41' E. 1232.8 feet to a stake on a north line of the Aircraft Assembly Plant
tract, common to the north line of the J. J. Reese Survey, from which a northwest angle corner
of the said aircraft assembly plant tract bears S. 89� 55' W., 420.9 feet, containing 4.53 acres,
more or less.
EXHIBIT "B"
p. :^ :
412 Minutes of Commissioners Court, SPECIAL Term, REGULAR Meeting
Tuesday the 17th day of August, 2004
93371 INTERLOCAL AGREEMENT WITH THE CITY OF FORT § RECEIVED
WORTH FOR BOMBER ROAD - PRECINCT 4 5
§ AUG 2 7 2004
APPROVED §
Per m�wftw---
August 17, 2004
Upon presentation by G. K. Maenius, County Administrator, motion was
made by Commissioner Johnson, seconded by Commissioner Bagsby and
unanimously carried (5-0) to approve the Interlocal Agreement with the City of
Fort Worth for Bomber Road located in Precinct 4
It is so ordered.
-0-0-0-0-0-
93372 WRITTEN AUTHORIZATION TO BEGIN INTERLOCAL 5
AGREEMENT WITH THE CITY OF FORT WORTH FOR 9
BOMBER ROAD - PRECINCT 4 9
5
APPROVED §
August 17, 2004
In conjunction with Court Order 93371, motion was made by
Commissioner Johnson, seconded by Commissioner Bagsby and unanimously
carried. (5-0) to approve Written Authorization to Begin Interlocal Agreement
with the City of Fort Worth for Bomber Road located in Precinct 4
It is so ordered.
-0-0-0-0-0-
• ., _
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/17/2004
DATE: Tuesday, August 17, 2004
LOG NAME: 12BOMBER RD. REFERENCE NO.: G-14458
SUBJECT:
Authorize Execution of an Interlocal Agreement with Tarrant County for the Reconstruction of
Bomber Road
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an agreement with Tarrant
County for the reconstruction of Bomber Road, a road located in Tarrant County, Texas.
DISCUSSION:
The reconstruction of Bomber Road is in the common interest of all parties. The Federal Government will
be providing funds for the reconstruction of Bomber Road. Upon receipt of funds, the State shall perform
the design, plans, and drawings for the road's construction. Tarrant County will reconstruct the road in
accordance with the plans.
The City shall accept an easement from the Federal Government, and after Tarrant County performs its
obligations, the City shall maintain the road.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that after Federal funds are used for the construction of the road, funds will
be available in the operating budget for maintenance of the road.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Charles Boswell (6122)
Originating Department Head: David L. Yett (7606)
Additional Information Contact: Marcia E. Wise (7607)
Logname: 12BOMBER RD. Pap-e 1 of 1