HomeMy WebLinkAboutContract 62826CSC No. 62826
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF RIVER OAKS, TEXAS
AND THE CITY OF FORT WORTH, TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is by and between the CITY OF RIVER OAKS, a Texas home-rule
municipality with its principal office at 4900 River Oaks Boulevard, River Oaks, Texas 76114,
("River Oaks"), and the CITY OF FORT WORTH, a Texas home-rule municipality, with its
principal office at 100 Fort Worth Trail, Fort Worth, Texas 76102 ("Fort Worth").
WITNESSETH:
WHEREAS, the Texas Legislature has authorized the execution of Interlocal Cooperation
Agreements between and among governmental entities pursuant to the Interlocal Cooperation Act,
Chapter 791 of the Texas Government Code, as amended; and
WHEREAS, the Interlocal Cooperation Act specifically authorizes Interlocal agreements
for streets, roads, drainage, engineering, and other governmental functions in which the parties are
mutually interested; and
WHEREAS, the governmental entities that are Parties to this Agreement desire to enter
into an agreement concerning A V Cato Safe Routes to School ("Project") in the exercise of their
governmental functions for the public health, safety, and welfare, and in the interest of the general
public and their respective citizens; and
WHEREAS, each governing body, in performing governmental functions or in funding the
performance of governmental functions hereunder, shall make that performance orthose payments
from current revenues legally available to that party; and
WHEREAS, the improvement spans the city limits of each city, and for consistency, the
Parties desire to install sidewalks, Rectangular Rapid Flashing Beacons (RRFB), ADA ramps, and
pavement marking in River Oaks, and install sidewalks, RRFB, ADA Ramps, and Pavement
marking, in Fort Worth; 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
NOW, THEREFORE, in consideration of the above recitals and the premises, agreements,
covenants, and promises herein set forth, it is agreed as follows:
City of Fort Worth-City of River Oaks ILA — A V Cato Safe Routes to School Page 1 of 8
Section 1. TERMS OF AGREEMENT
A. Project• Fort Worth and River Oaks agree to perform their respective
obligations, as described in the recitals hereto, which are incorporated
herein, and as stated in more detail herein below, within Fort Worth
and River Oaks, as indicated on Exhibits A and B, which are attached
hereto and incorporated into this Agreement.
B. Desi�n of the Proiect. The Parties acknowledge and agree that Fort
Worth will prepare the Project engineering design and that Fort Worth
shall be solely responsible for it. River Oaks shall have review
authority over the plans and specifications at the concept stage, at
60%, 90%, and Final intervals.
Major project components within River Oaks limits include a new
sidewalk, ADA ramps, Rectangular Rapid Flashing Beacons (RRFB),
Pavement marking, and signage. Fort Worth shall provide River Oaks
with final as-built construction plan documents upon completion of
the Project.
C. Proiect Obli ations. Fort Worth shall pay for the Project's engineering
design, environmental, right-of-way (ROW) acquisition, easement
acquisition, and construction costs, including all necessary utility
adjustments to install the facilities properly. Other than River Oaks
staff s review of the plans and specifications, River Oaks shall not be
responsible for any of the Project's costs.
D. Procurement, Pre-construction. Fort Worth shall be responsible for:
1. Preparation of Project contract documents;
2. Acquiring all TxDOT approvals for the Project;
3. Completing utility coordination for the Project;
4. Acquiring easements for the Project, if needed, and
5. Acquiring Right-of-Way, if required.
E. Grant of License. River Oaks hereby grants to Fort Worth a license to
perform or have performed engineering, preliminary construction
activities, and construction activities within the city limits of River
Oaks within the Project limits described in this Agreement, and as
further shown and described in Exhibit B.
City of Fort Worth-City of River Oaks ILA — A V Cato Safe Routes to School Page 2 of 8
F. Current Revenue. No debt is created by this Agreement. River Oaks
and Fort Worth each hereby warrant that all payments, contributions,
fees, and disbursements, if any, required under this Agreement shall
be made from then-current revenues available to the paying party.
G. No Waiver of Immunitv or Defenses. Nothing in the performance of
this Agreement shall impose any liability for claims against either Fort
Worth or River Oaks 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 governmental immunity by Fort Worth or River Oaks.
H. No Third Partv Beneficiaries. It is understood by the Parties that this
Agreement is entered into for the mutual convenience and purposes
of River Oaks 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.
I. No Creation of Ri�hts. 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.
J. Force Maieure. 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
overcome such inability.
K. Severabilitv. 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
City of Fort Worth-City of River Oaks ILA — A V Cato Safe Routes to School Page 3 of 8
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.
L. Amendment. This Agreement may only be amended, altered, or
revoked by written instrument duly authorized and signed by the
parties to such amendment.
M. 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:
City of Fort Worth
Transportation and Public Works Department
Attn: Iskal Shrestha, P.E., PMP, CCM
Sr. Project Manager,
100 Fort Worth Trail,
Fort Worth, Texas 76102
With copy to:
Douglas W. Black
Sr. Assistant City Attorney
100 Fort Worth Trail
Fort Worth, Texas 76102
City of River Oaks,
Attn: Marvin C. Gregory III
City of Fort Worth-City of River Oaks ILA — A V Cato Safe Routes to School Page 4 of 8
City Manager
4900 River Oaks Boulevard,
River Oaks, TX 76114
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 (10) days' written notice to the other party.
N. Entire A�reement. 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.
O. Effective Date and Term. This Agreement shall become effective
immediately upon its execution by both parties and shall be for a term
of one (1) year or until completion of the Project, whichever occurs
last.
P. Non-Discrimination. Neither Fort Worth nor River Oaks, nor any of
their officers, members, agents, employees, program participants, or
subcontractors, while engaged in performing this Agreement, shall in
connection with the employinent, 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 River Oaks 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.
ACCORDINGLY, Fort Worth and River Oaks have each caused this instrument to
be executed on each city's respective behalf by its duly authorized representative.
City of Fort Worth-City of River Oaks ILA — A V Cato Safe Routes to School Page 5 of 8
EXECUTED and EFFECTIVE as of the date last written by the signatory who's
signing makes this doc ument fully executed, below.
BY:
CITY OF RIVER OAKS
Marvin C. Gregory III, City Manager
JJ?---� 7� ?d�I .-I,
Fort \Vorth 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.
1 (_ 9A 11•-'f-,c ..J.-' /0,!_-.----
Iskal Shrestha, P .E, PMP, CCM
Sr. Professional Engineer
BY:
CITY OF FORT WORTH
Jesica McEachem, Assistant City Manager
Date: Feb 19, 2025
ATTEST: r "'�
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
df�Z.:.....
By: Lauren Prieur (Feb 17, 202513:36 CST)
Lauren Prieur
Director, Tran sportation and Public Works
APPROVED AS TO FORM AND LEGALITY
By:oouglas Black (Feb 18, 202513:40 CST)
Douglas W Black
Sr. Assistant City Attorney
City of Fort Worth-City of River Oaks ILA -AV Cato Safe Routes to School Page 6 of 8
EXHIBIT A
Proiect Scope
The Project's scope includes installing sidewalks, Rectangular Rapid Flashing Beacons
(RRFB), ADA ramps, and pavement markings in the City of River Oaks and the City of
Fort Worth.
Responsible Parties
For the Project covered by this Agreement, the parties shall be responsible for
the following work as stated in this attachment referenced in the table below. The
City of Fort Worth shall be responsible for 100% of the costs related ta the
Project through the completion of construction, including any cost overruns. If
federal or state funding is involved in the Project, the parties shall comply with
the terms of the grant or funding agreement, as applicable. City of River Oaks
shall be named as an obligee on all performance and payment bonds related to
the Project in compliance with Texas Gov't Code Ch. 2253.
City of Fort Worth-City of River Oaks ILA — A V Cato Safe Routes to School Page 7 of 8
EXHIBIT B
Map
City of Fort Worth-City of River Oaks ILA — A V Cato Safe Routes to School Page 8 of 8
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.� ����� CITY OF RNER OAKS - ILA SCOPE EXHIBIT �
AV CATO ES - SAFE ROUTES TO SCHOOL
ssoear��wa.,e.s,ne�oo.wnwcNnr �eim JULY8,2024 , . .,
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104799-EPIA-INTERLOCAL AGREEMENT
BETWEEN THE CITY OF RIVER OAKS AND
CITY OF FORT WORTH FOR A.V. CATO SAFE
ROUTES TO SCHOOL
Final Audit Report 2025-01-03
Created: 2025-01-02
By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAq4wrpfvp5tdMpHqZSIpYsFEvLcZ-FLXi
"104799-EPIA-INTERLOCAL AGREEMENT BETWEEN THE CI
TY OF RIVER OAKS AND CITY OF FORT WORTH FOR A.V. C
ATO SAFE ROUTES TO SCHOOL" History
`: Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov)
2025-01-02 - 8:12:15 PM GMT- IP address: 204.10.90.100
Document emailed to Iskal Shrestha (Iskal.Shrestha@fortworthtexas.gov) for signature
2025-01-02 - 8:14:52 PM GMT
-:. Document emailed to Alexandra Ripley (alexandra.ripley@fortworthtexas.gov) for filling
2025-01-02 - 8:14:52 PM GMT
`: Email viewed by Iskal Shrestha (Iskal.Shrestha@fortworthtexas.gov)
2025-01-02 - 8:17:07 PM GMT- IP address: 204.10.90.100
: �-� Document e-signed by Iskal Shrestha (Iskal.Shrestha@fortworthtexas.gov)
Signature Date: 2025-01-02 - 8:17:40 PM GMT - Time Source: server- IP address: 204.10.90.100
`: Email viewed by Alexandra Ripley (alexandra.ripley@fortworthtexas.gov)
2025-01-03 - 1:42:36 PM GMT- IP address: 204.10.90.100
�=�- Form filled by Alexandra Ripley (alexandra.ripley@fortworthtexas.gov)
Form filling Date: 2025-01-03 - 2:16:25 PM GMT - Time Source: server- IP address: 204.10.90.100
� Agreement completed.
2025-01-03 - 2:16:25 PM GMT
���� 1`1'���[�iy Pawered bY
� Adohe
Acrvbat 5�gn
104799-EPIA-Interlocal Agreement Between
the City of River Oaks and City of Fort Worth for
A.V. Cato Safe Routes to School
Final Audit Report
2025-02-19
Created: 2025-02-14
By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov)
Status: Canceled / Declined
Transaction ID: CBJCHBCAABAALkKqqUyODz6kvECfourWGJXAcuObdEUc
"104799-EPIA-Interlocal Agreement Between the City of River O
aks and City of Fort Worth for A.V. Cato Safe Routes to School"
H istory
Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov)
2025-02-14 - 10:55:38 PM GMT- IP address: 204.10.91.100
Document emailed to Lauren Prieur (Lauren.Prieur@fortworthtexas.gov) for signature
2025-02-14 - 11:03:27 PM GMT
+-�`;� Document e-signed by Lauren Prieur (Lauren.Prieur@fortworthtexas.gov)
Signature Date: 2025-02-17 - 7:36:28 PM GMT - Time Source: server- IP address: 208.184.124.181
Document emailed to Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov) for approval
2025-02-17 - 7:36:30 PM GMT
_ Email viewed by Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov)
2025-02-17 - 8:09:22 PM GMT- IP address: 204.10.90.100
�=`;� Document approved by Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov)
Approval Date: 2025-02-17 - 8:09:57 PM GMT - Time Source: server- IP address: 204.10.90.100
Document emailed to Douglas Black (Douglas.Black@fortworthtexas.gov) for signature
2025-02-17 - 8:09:59 PM GMT
�„� Document e-signed by Douglas Black (Douglas.Black@fortworthtexas.gov)
Signature Date: 2025-02-18 - 7:40:37 PM GMT - Time Source: server- IP address: 208.184.124.181
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Document emailed to Jesica McEachern Qesica.mceachern@fortworthtexas.gov) for signature
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2025-02-18 - 9:50:11 PM GMT- IP address: 204.10.90.100
Document declined by Jesica McEachern (jesica.mceachern@fortworthtexas.gov)
Decline reason: Please update City's address to 100 Fort Worth Trail. Thank you, JLM
2025-02-19 - 4:21:24 AM GMT- IP address: 204.10.90.100
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FORTWORTH�
Routing and Transmittal Slip
Transportation & Public Works
Department
DOCUMENT TITLE: INTERLOCAL AGREEMENT BETWEEN THE
CITY OF RIVER OAKS AND CITY OF FORT
WORTH FOR A.V. CATO SAFE ROUTES TO
SCHOOL
M&C: N/A CPN: 104799 CSO:
DOC#: 1
Date: 1/2/2025
To: Name Department Initials Date Out
L Iskal Shrestha TPW - signature ,� �� O1/02/2025
2. Alex Ripley TPW- review � O1/03/2025
3. Chad Allen TPW - review
4. Lissette Acevedo TPW - review ""
5. Patricia Wadsack TPW - review ""
6. Lauren Prieur TPW - signature � Feb 17, 2025
7. Doug Black Legal - signature �o,�� Feb 18, 2025
8. Jesica McEachern CMO — signature �!',r,p Feb 19, 2025
9. Jannette Goodall CSO - signature ,� Feb 20, 2025
10. TPW Contracts TPW
DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any
and all City Departments requesting City Manager's signature for approval MUST BE ROUTED
TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip,
David will review and take the next steps.
NEEDS TO BE NOTARIZED: ❑YES �No
RUSH: ❑YES �No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No
ROUTING TO CSO: �YES ❑No
Action Required: ❑ Attach Signature, Initial and Notary Tabs
❑ As Requested
❑ For Your Information
� Signature/Routing and or Recording
❑ Comment
❑ File
Return To: TPWContracts(a�FortWorthTexas.� at ext.
7254 for pick up when completed.