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HomeMy WebLinkAboutContract 61196CSC No. 61196 INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND CITY OF ROANOKE FOR TRAFFIC SIGNAL MAINTENANCE AND OPERATIONS This Interlocal Agreement ("Agreement") is made between the City of Fort Worth ("Fort Worth"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager and the City of Roanoke, a home -rule municipality ("Roanoke"), acting by and through its duly authorized City Manager. WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code which authorizes Fort Worth and Roanoke to enter into this Agreement for purposes of providing a governmental function or service that each party to the contract is authorized to perform individually; WHEREAS, Fort Worth and Roanoke desire to enter into this Agreement to lay out the maintenance and operations obligations of the parties upon the installation of traffic signal improvements at the intersection of Independence Parkway and Litsey Road that will be constructed by a third -party developer which currently sits within the city limits of both Fort Worth and Roanoke as more specifically identified herein; WHEREAS, the governing bodies of Fort Worth and Roanoke find that this Agreement is necessary for the benefit of the public and the performance of this Agreement is in the common interest of both parties; WHEREAS, the governing bodies of Fort Worth and Roanoke have authorized entering into this Agreement; and WHEREAS, the governing bodies of Fort Worth and Roanoke, in paying for the performance of governmental functions or in performing such governmental functions, shall make payments only from current revenues legally available to such party. NOW THEREFORE, IN CONSIDERATION of the mutual promises and agreements recited above and contained herein below, the parties do hereby agree as follows: ARTICLE 1. PURPOSE The purpose of this Agreement is to designate the obligations of both parties as they relate to the maintenance and operation of traffic signal improvements at the Litsey Road and Independence Parkway Intersection ("Traffic Signal") that will provide traffic congestion relief for both Cities as indicated in Exhibit "A" and Exhibit "B". The Traffic Signal shall be constructed by a third -party developer under a community facilities agreement with Fort Worth. Upon the completion of the Traffic Signal, Fort Worth will assume maintenance and operations of the Traffic Signal, at Fort Worth's expense. In return for the operation and maintenance of the Traffic Signal at this intersection, Roanoke shall permit Fort Worth operations and maintenance OFFICIAL RECORD Interlocal Contract — Page 1 CITY SECRETARY FT. WORTH, TX staff and their contractors to work within the Roanoke corporate limits for the purpose of maintenance and operation of the traffic signal. (the "Project"). ARTICLE 2. FORT WORTH'S RESPONSIBILITY & RIGHTS • Fort Worth will be responsible for maintaining, owning, and operating the Traffic Signal at Fort Worth's expense; • The Traffic Signal design, construction, and maintenance will follow Fort Worth's traffic signal standards and specifications; • Fort Worth will assume maintenance responsibility for the new signage, pavement markings, roadway pavement, sidewalks, and ADA ramps installed by the third -party developer that are located within Fort Worth corporate limits including the repair of any damages of such items caused by a Force Majeure event or knockdowns beyond Fort Worth's control. • Fort Worth will also assume maintenance responsibility for the new signage installed on the Traffic Signal poles and mast arms that are located within Roanoke corporate limits including the repair of any damages to such items caused by a Force Majeure event or knockdowns beyond Fort Worth's control. • Any damage caused to Roanoke's public infrastructure by Fort Worth staff or their contractors in Roanoke's corporate limits related to maintaining the traffic signal shall be borne by Fort Worth to repair. • Fort Worth will not be responsible for damages to Roanoke's public infrastructure caused by Force Majeure events, knockdowns, or other factors outside of the City of Fort Worth's control. ARTICLE 3. ROANOKE'S RESPONSIBILITY • Roanoke will, at no expense to Fort Worth, grant Fort Worth a license for its operations and maintenance staff and their contractors to work within the City of Roanoke corporate limits for the purpose of maintaining and operating the traffic signal for the term of this Agreement; • Roanoke will assume maintenance responsibility for the new ground mounted signage, pavement markings, roadway pavement, sidewalks, and ADA ramps installed by third - party developer that are located within Roanoke corporate limits including the repair of any damages to such items caused by a Force Majeure event or knockdowns beyond Roanoke's control. • Any damage to the Traffic Signal infrastructure that are caused by Roanoke or their contractors shall be reimbursed to Fort Worth for the cost of repairs to the traffic signal however Roanoke will not be responsible for damages to the Traffic Signal infrastructure if such damage was caused by a Force Majeure event, knockdowns, or other factors outside of the City of Roanoke's control. Interlocal Contract — Page 2 ARTICLE 4. TERM AND TERMINATION This Agreement shall begin upon the last day executed by all authorized parties and shall continue in full force and effect unless terminated. Either party to this Agreement may terminate this Agreement at any time and for any reason by providing the other party thirty (30) days written notice to the other party or pursuant to Article 14 of this Agreement. Additionally, the Agreement shall automatically terminate in the event there is no longer a need for a traffic signal at the intersection at issue under this Agreement and it is removed permanently. ARTICLE 5. IMMUNITY It is expressly understood and agreed that in the execution of this Agreement, no party waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. ARTICLE 6. NO THIRD -PARTY BENEFICIARIES It is understood by the Parties that this Agreement is entered into for the mutual convenience and purposes of Roanoke and Fort 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. ARTICLE 7. GOVERING LAW AND VENUE This Agreement shall be construed in accordance with the laws of the State of Texas. Venue for any action brought on the basis of this Agreement shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. In any such action, each party shall pay its own attorneys' fees, court costs and other expenses incurred as a result of the action. ARTICLE 8. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived Interlocal Contract — Page 3 without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. ARTICLE 9. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. ARTICLE 10. APPLICABLE LAW This Agreement is entered into subject to the Interlocal Cooperation Act, the governing charters and ordinances of Fort Worth and Roanoke, as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable Texas and Federal law. ARTICLE 11. ENTIRE AGREEMENT This written instrument contains the entire understanding and agreement between Fort Worth and Roanoke as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with this Agreement. This Agreement may not be amended unless set forth in writing and signed by both parties. ARTICLE 12. SIGNATURE AUTHORITY The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. ARTICLE 13. NO WAIVER The failure of either party to insist upon the performance of any provision or condition of this Agreement or to exercise any right granted herein shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. Interlocal Contract — Page 4 ARTICLE 14. NON -APPROPRIATION OF FUNDS Fort Worth and Roanoke will use best efforts to appropriate sufficient funds to support obligations under this Agreement. However, in the event that sufficient funds are not appropriated by either party's governing body, and as a result, that party is unable to fulfill its obligations under this Agreement, that party (i) shall promptly notify the other party in writing and (ii) may terminate this Agreement, effective as of the last day for which sufficient funds have been appropriated. ARTICLE 15. RIGHT TO AUDIT Roanoke agrees that Fort Worth shall, until the expiration of three (3) years after termination of this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers, records, and communications of Roanoke involving transactions relating to this Agreement at no additional cost to Fort Worth. Roanoke agrees that Fort Worth shall have access during normal working hours to all necessary Roanoke facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Fort Worth shall give Roanoke reasonable advance notice of intended audits. ARTICLE 16. LIABILITY Nothing in the performance of this Agreement shall impose any liability for claims against Fort Worth or Roanoke other than claims for which liability may be imposed by the Texas Tort Claims Act. ARTICLE 17. AMENDMENTS No amendment to this Agreement shall be binding upon either party hereto unless such amendment is set forth in writing, and signed by both parties. ARTICLE 18. 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, Interlocal Contract — Page 5 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 overcome such inability. ARTICLE 19. NOTICE Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: City of Fort Worth City of Roanoke, Texas Transportation & Public Works Department Attn: City Manager 200 Texas Street 500 S. Oak Street Fort Worth TX 76102-6311 Roanoke, Texas 76262 With Copy to the City Attorney At same address ARTICLE 20. NON DISCRIMINATION Neither Fort Worth nor Roanoke, 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 Roanoke 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. Interlocal Contract — Page 6 EXECUTED on this the 1st day of Ap ri 1 , 2024. a4FOR,nzn pew F°°° ,° NO o�d CITY OF FORT WORTH: ATTEST:~ ° PV8 8=d Pad ° �a ° °° QaIln aFXa 44gp By Willi�ohnsohnson( r29� By: By: William Johnson Jannette S. Goodall Assistant City Manager City Secretary Date: Mar 29, 2024 CONTRACT AUTHORIZATION M&C: Date Approved: APPROVED AS TO FORM AND LEGALITY: By: Douglas&ack (Mar28,202400:03 CDT) Thomas R. Hansen Assistant City Attorney CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. T11,(oil 7howt ,roil By: Tyson`fhompson(Mar 19, 102416:30 CDT) •7 Ty Thompson Assistant Director CITY OF ROANOKE: ATTEST: By: Cody P,tree (Jan 19,202�T) By: Cody Petree, City Manager April S. Hill, City Secretary Date: Jan 19, 2024 APPROVED AS TO FORM AND LEGALITY: .Z- a t] B: Jeff b26,2024153nCST) Jeffrey L. Moore, City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Interlocal Contract — Page 7 LIST OF ATTACHMENTS TO THIS AGREEMENT Exhibit A — Corporate Limits Exhibit Exhibit B — Traffic Signal Design Layout [the remainder of this page is intentionally left blank; Attachments to follow] Interlocal Contract — Page 8 EXHIBIT A - CORPORATE LIMITS EXHIBIT f 1 NORTHWESTISd t-td1.19' OOC VOL. 189. PG. 2012 f R = 35M' f F CB = S45`d8'47"E ` CL = 91.26 � � 589'35�Q5"E 1.64' L + 54.75' _ 4T = 314.00'= CITY OF ROANOKE CB = S84`4n2'-E o UrY WORTHRT S89°52'4 2Q9.94' 4TER ESMT 1218037765 I 7� W DRAINAGE ESMT D218065787 �I r I R �y*« # • �rr� � IF r2g1�-�41 r=' W ILBOW FAFtWAY dEVELOPMEW CORPORATION Doc 2015-sd� L = 141.23' r I I R- CB CL = 91.30'-LITSEY ROAD -- - (VOL.4%PG. 24.4 & M5 - 1 SOd'23'30"E � _ el It f 15' DRAINAGE ESMT D218065788 j c� W U u k LU ` . Interlocal Contract — Page 9 TER ESMT DRAINAGE ESMT J D02018.81770 +r �� I I� ACCESS ESMT IC2014-12129 ESIAT 1779 AIL INVESTMENT LP UST IV 2001-17116 R.P.R.D.C.T. -- w t i� Raanoka r` /PROJECT LOCATION 4 •�1.4::' 4UW ICI x VICINITY MAP SCALE: N.T.S. ULOT S, 8 LOCK 7 ALLIANCE GATEWAY NORTHADDITION y Lj fff SIGNAL HEAD DETAILS EXHIBIT B STOP BAR TO MAST ARM DIST. LEGEND TRAFFIC SIGNAL DESIGN LAYOUT T-1 TO STOP BAR=177 FEET' O PROP. CONTROLLER CABINET O T-2 TO STOP BAR = 157 FEET n T-3 TO STOP BAR = 165 FEET"' PROP. HYBRID DETECTOR Lu OY I� > T-4 TO STOP BAR = 158 FEET PROP. PTZ CAMERA p 'ADVANCED SIGNAL ON P2 OG P Xp —ADVANCED SIGNAL ON P4 ©� PROP. OPTICOM 711 DETECTOR (15, 16, 17, 18, 00= m PROP. PEDESTAL SERVICE V3 19, 20, 21, 22) ¢v (1, 2, 4, 5 7 Z> TT EXIST. TRANSFORMER 8, 10, 11, 13, 14) V4FYA/L QQ T PROP. TRANSFORMER (3, 6, 9, 12) EXISTING t2•FIRE 3z w PROP. GROUND BOX TYPE B V / E� 00 00 co w 52' r- _ I F sdr�; 0 CD 0 w � � 2 R,. _ 13�� }, m PROP. GROUND BOX TYPE D T-+ O R 1 + V EXISTING ROW IT 2 — R-.zlt� _ ICI ICI lilZ�� Ps +s _ _ --- PROP. LED LUMINAIRE FIXTURE p-I �G�—INN— �" EXISTING ROWS :2(D) FOC2(D) FCC2(D) �� F - %(��® =_ —fl 0 PROP. PED INDICATION e T � � 70!6 ® PROP. SIGNAL FOUNDATION ® PROP. PED POLE FOUNDATION ® B - O PROP. SIGNAL INDICATION s B '01 LITSEY ROA702OMUNIM \ — PROP. METRO SIGN (SPEED LIMIT: 40E2 _ s 4800 BLOCR-zg R PROP. METRO STREET SIGN LITSEY ROAD \\ Y— (SPEED MPH) \\ PROP. CONDUIT RUN _ION—LES TO BER �� '�iMoi.v...oAOUNDTHEPROPOSEO PEDESTRIAN POLEE.................................... RT z P zz V < td E P-3 DJ H.t1 NII �b w .,,.SFERMXwOcxmOxxu Lse FOUNDATION FaNcco AsR11 Theaea aaaeann9 an Nstlocumenlwea autlnr¢etl _1 - �o eyrmotey Cape PE N. u+sa+ NOTES TO CONTRACTOR / NSTAII FOUNDAT ON RUSH Q LSi� /A Inn ofa seaetl UowmenlwMDulpmper n°elceeon 1. ALL LOCATIONS OF SIGNAL RELATED ITEMS, PAVEMENT MARKINGS, NTNPROPOSEDsU—N N �;; �a me re:aoae Ne B. —t aa,tP. arwergK SIGNING, ETC. ARE DIAGRAMMATIC ONLY AND MAY READJUSTED IN Ya Q Teses Eng reen�g Pratl�Ad THE FIELD TO ACCOMMODATE FIELD CONDITIONS AND TO ACHIEVE THE i Il +++rvrvry BEST POSSIBLE CONFIGURATION AS DIRECTED BY THE TRAFFIC ENGINEER.2. ANDONTCTOR SHALL FIELD VERIFY ALL A RIIAAL UTILITIES PRIOR TO THE INSTALLATION AA OF MASTISTING o`i UFOI I "� X ARM POLES, MAST ARMS, AND LUMINAIRE ARMS. \ W 0 20 40 BO 3. A4G WIRELESS MODEM SHALL BE INSTALLED FOR COMMUNICATIONS. 1 \ �ZJON� 4. NO SPLICING ALLOWED. \ W W GRAPHIC SCALE IN FEET —D-a !REV. DATE REMARKS 5. CONTRACTOR SHALL REFERTO BIM360AND/OR CONTACTAZIZ RAHMAN \ - pN WITH CITY TR(A(GG��FFIC MANAGEMENT DIVISION AT 817-392-8653,AZIZ.\ Z OCATIONSANNSFICATION PEC ON OOR F TRAFFIC S G AGOV RLANDIADDITIIONAL OF SIGNAL POLE I \ SPECIFICATIONS AND DETAILS. I 6. CONDUCTORS FOR APS SHALL RUN DIRECTLY FROM CONTROLLER TO PUSH BUTTONS BYPASSING TERMINAL BLOCKS. 00 — IY— ONLI — V/ 7. CONTRACTOR SHALL PROTECT ALL EXISTING UTILITIES, TREES, FENCES, RETAINING WALLS, AND STRUCTURES UNLESS OTHERWISE NOTED.- 8. ALL SIGNAL POLES, MASTARMS, AND PED POLES SHALL BE POWDER iJ COATED WITH COLOR BLACK RAL 9017. — I 9. HARMONIC DAMPENING DEVICE SHALL BE INSTALLED ON ALL MAST ARMS � THAT ARE LONGER THAN 36'. \ 10. LUMINAIRE SHALL BE PARALLEL TO MAST ARMS. I 1 6 I LITSEY ROAD & INDEPENDENCE PARKWAY PROPOSED LAYOUT CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPT w ENGINEERING DIVISION o BURIN a �M�DONNELL -'I I DATE FILE SHEET HECHED lBC COTOBER 20R3 TSL5