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Home My WebLink AboutContract 40133THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS INTERLOCAL AGREEMENT This Agreement is made and entered into this day of AML,,2010, 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 the division of costs and responsibilities as described below. NOW THEREFORE, the COUNTY and the CITY agree as follows: 1. The COUNTY, at its sole cost and expense, agrees to furnish all labor and equipment necessary for the reconstruction of Butterfield Stage Road from the west side of the Fort Worth Independent School District drive approach to Las Vegas Trail. located in the City of Fort Worth, hereinafter referred to as the Project. Reconstruction shall include, but is not limited to, cement stabilization to 6", add 6" flex base, application of 2" asphalt and installation of two 24" reinforced concrete pipes side -by -side for drainage at Las Vegas Trail with additional grading downstream to the south in order to create positive drainage. 2. CITY agrees to pay the County in an amount not to exceed $10,456.00 for materials. 3. CITY agrees to furnish all necessary rights of way within the City of Fort Worth. 4. COUNTY agrees to furnish all necessary flag persons for the Project COUNTY shall notify the CITY about completion of the Project within thirty (30) days of completion to schedule a final inspection of the Project. 6. CITY shall notify the County of any complaints within 30 days of the final inspection conducted with the COUNTY. 7. Upon completion of the Project by COUNTY and acceptance of the improvements by CITY, CITY shall be responsible for maintenance of same. 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. 9. 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. 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. 11. 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. OFFICIAL ,.OR® 12. CITY SECRETARY FT. WORTI TX 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. 13. 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. 14. 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: 15. This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed and remains in force and effect until the completion and acceptance of the Project unless otherwise terminated. COUNTY: County Administrator Tarrant County 100 E Weatherford St Fort Worth, Texas 76196 ATTEST: COUNTY �{l�lry Authorization, Date CITY: City Manager City of Fort Worth 1000 Throckmorton St. Fort Worth, Texas 76102 COUNTY OF TARRANT COUNTY JUDGE J. D. JOHNSON UR ' OFFI�I�L i FT. fh a ASSIST/�DQT DISTRICT ATTORNEY 3 *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). CITY OF FORT WORTH FERNANDO COSTA ASSISTANT CITY MANAGER APPROVED AS TO FO ASS TNT CITY ATTORNEY ATTEST City Secretary Authorization: M&C Date p� O M&C Review Page 1 of 2 CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas FORT �rVORTIi COUNCIL ACTION: Approved on 4/6/2010 - Ord. No. 19097-04-2010 REFERENCE ** 20BUTTERFIELD STAGE DATE: 4/6/2010 NO : C-24147 LOG NAME: ROAD/TARRANT COUNTY CODE: C TYPE: CONSENT PUBLIC NO HEARING. SUBJECT: Authorize an Interlocal Agreement with Tarrant County with City Participation in the Amount of $10,456.00 for Reconstruction and Drainage Improvements for Butterfield Stage Road from the West Side of the Fort Worth Independent School District Drive Approach to Las Vegas Trail and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council 1. Authorize transfer of $10,456.00 from the Contract Street Maintenance Fund to the General Fund; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $10,456.00 in the General Fund from available funds: and 3. Authorize the City Manager to execute an Interlocal Agreement with Tarrant County with City participation in the amount of $10,456,00 for reconstruction and drainage improvements for Butterfield Stage Road from the west side of the Fort Worth Independent School District Drive approach to Las Vegas Trail. DISCUSSION: This project is in partnership with Tarrant County to reconstruct Butterfield Stage Road and make drainage improvements. The City of Fort Worth will contribute $10,456.00 for materials and the County will provide labor and equipment. Contract Street Maintenance Funds were transferred to a capital project fund for the purpose of tracking annual capital contracts. Since this Interlocal Agreement is strictly a maintenance project, funds are being transferred back to the General Fund. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 2) GG01 539120 0202002 $10,456.00 3) GG01 539120 0202002 $10,456.00 1 & 2) GG01 472093 0202002 $10A56.00 1) GS93 541200 020930579010 $10,456,00 Submitted for City Manager's Office b� Originating Department Head: Fernando Costa (6122) William Verkest (7801) http://apps.cfwnet.org/council�acket/mc_review.asp?ID=13247&councildate=4/6/2010 4/7/2010 M&C Review Page 2 of 2 Additional Information Contact: Jim Walker (8009) ATTACHMENTS 20BUTTERFIELD STAGE ROADJARRANT COUNTY AO.doc MAP Butterfield RD.pdf http://apps.cfwnet.org/council�acket/mc review.asp?ID=13247&counciidate=4/6/2010 4/7/2010 • ' IN y if 820 ki i y y f .. F _ _ Am w AL I ;s /ft .. jjiN upin R NO Of rrmoli" r 9 / . ;fMft; •� F!—• 1 V11j1 • ��•• 182 In Nil F f' 1NO_ 1f �tr ➢ ➢. •Ire �: ... . L➢ 1`-0 .: ir •, e _inNO v in 30 Nil ➢ � 1• F ➢ n Jiny' 0 1f ➢ e • AL IFe _ . i U1. i 1 111 �111 ut IAIL VI- F'hi Ott_ TO: David Jodray, Transportation and Public Works Department FROM: Allison Tidwell, City Secretary's Office DATE: April 14, 2010 SUBJECT: INTERLOCAL AGREEMENT FOR PARTICIPATION IN THE RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FOR BUTTERFIELD STAGE ROAD FROM THE WEST SIDE OF THE FORT WORTH INDEPENDENT SCHOOL DRIVE APPROACH TO LAS VEGAS TRAIL 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: 4 sets