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Home My WebLink AboutContract 43794 crry sECRETAKY c, Oak Grave Road CWRACT NOO: rlocal Agreement Page l of 4 THE STATE of TEXAS KNOW ALL BY THESE PRESENTS COUNTYOFTARRANT 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 performance 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 I. 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(1O) days of receipt. 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. III. 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 IV. 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 terminated by either party by providing at least thirty (30) days written notice to the other party. In the event of termination, 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.- CITY: County Administrator City Manager Tarrant County City of Fort Worth 100 E Weatherford St 1 000 Throckmorton St. Fort Worth, Texas 76196 Fort Worth, Texas 76102 .obb-a��n OE�QRr�� Oak Grove Road .Cy `oOoa oOp lnterlocal Agreement Page 4 of 4 +gam 0 �'� ATTEST: �yo gx�'ITY OF FORT WORTH 00 oop*d� o00000000 o mod, Mary Kayser Fernan Costa Z� City Secreta Assistant City Manager If Date: Lo-2 -/�� Authorization: 1v a c APPROVED AS TO FORM AND LEGALITY: ug Black Assistant City Attorney ATTEST: COUNTY OF TARRANT 1 � MP B. Glen Whitley County Judge c Roy C. Br oks Commissioner, Precinct One *APPROVED AS FO OFFICIAL RECORD CITY SECRETARY Z-e A FT. WORTH,TX ASSISTA ISTRICT 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). •'� �` REFERENCE NUMBER ■ • r • ■ .H COMMISSIONERS COURT PAGE I OF COMMUNICATION ■ 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 CREED - PRECINCT 1 * CONSENT AGENDA COMMISSIONERS COURT ACTION RE VESTED: 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 ,'North 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 Fort worth. The 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: .� r y I N �` 1 LI'1w blrl 11: ENE 76140 F. 9" woo N lev cum TSWW 1'1 P Y;. 0 ME i t. 1 �I A C t s, 1147 L.:.-. Nam INKIE p r, 74 ,34 76028 RM OAK {4 20 - s� k" N- A 23 t IARRAW - -- --- f - µ r c_ • +a ti_ r 4S L _•. �,.,W JOHNS N C UNTY ... -OURLES0 I I M&C Review Page 1 of 1 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTWouti COUNCIL ACTION: Approved on 10/16/2012 $ 'nhrr�uses+/rS:�r,rM�Fr?d?°.s'g:ti.?t "es�t'•S�tsw�r•u� �\�.!'is�'r :�%PIF . DATE: 16/16/2012 REFERENCE NO.: **C-25922 LOG NAME: 20SWM ILA-TARRANT COUNTY CODE: C TYPE: CONSENT PUBLIC NO HEARING: 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) _ mss:n'r;�.2:.:im Cr'�:,:r'�; .rx; :�. �-.}:�:x:!: . •:'QCs. RECOMMENDATION: It is recommended that the City Council authorize the execution of an I nterlocal 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 INFORMATIONICERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. To Fund/Account/Centers FROM Fund/AccounVCenters Submitted for City Mana ees office b Fernando Costa (6122) originating Deaartment Head: Doug W. Wiersig (7801) Additional Information Contact: Cannon R. Henry (2587) ATTACHMENTS MC 20SWM I LA-TARRANT COUNTY Project Map.pdf http:ll www.fortworthgov.orglcouncil_packetlmc_review.asp?ID=17490&councildate=l 0... 10/17/2012