HomeMy WebLinkAboutContract 29724 CITY SECRETARY
AGREEMENT BY AND BETWEEN CONTRACT No. -]
THE COUNTY OF TARRANT
AND THE CITY OF FORT WORTH
Regarding a 36"Water Line Located in Willow Springs Road
Between Bonds Ranch Road and Avondale Haslett Road
This contract is entered into this the 20 day of January, 2004, by and between
the County of Tarrant, acting herein by and through its duly authorized County Judge,
Tom Vandergriff, hereinafter referred to as "County", and the City of Fort Worth, acting
herein by its duly authorized Assistant City Manager, Marc A. Ott, hereinafter referred to
as "City".
WHEREAS, the City, after full disclosure to and discussion with the County
regarding the alignment for the proposed 36" water and the proposed location of the
easement within which the water line was to be constructed, proceeded to purchase or
otherwise acquire easements for the purpose of constructing the 36" water line,
hereinafter referred to as the "Easement", such easement being more particularly
described in the attached Exhibit "A", located outside of the public right-of-way of Willow
Springs Road between Bonds Ranch Road and Avondale Haslett Road, such location
being in City's extraterritorial jurisdiction and within the County; and
WHEREAS, the City completed construction of the 36" water line within the
Easement on or about February 2004; and
WHEREAS, on September 9, 2003 the County's Commissioners Court, its
governing body, adopted Court Order No. 91176, which in part states that the
"Commissioners Court will not approve a plat that contains within any existing or
proposed street, roadway, or alley dedication, an easement or utility that will, in the
judgment of Commissioners Court, impair or impede the County's ability to repair, widen
or utilize the land intended for public purpose"; and
WHEREAS, the County has refused to approve plats that, in the County's
opinion, violate the above described Court order; and
WHEREAS, the parties hereto desire to enter into an agreement that defines
certain obligations related to the Easement and the 36" water line located therein that
will not otherwise delay or impede the County's consideration of plats that include the
easement, but rather will permit the County to approve plats that include the Easement.
NOW, THEREFORE, the parties hereto agree as follow:
1. City and County agree to cooperate in the planning, design and construction of
County infrastructure that is to be located in or near the Easement in order to
attempt to avoid conflicts between the County infrastructure and the 36" water
line. In that regard, City shall provide a copy of as-built plans for the 36" water
line. At the beginning of the County's design process, County agrees to provide
the as-built plans to any consultant designing County infrastructure for use in the
design of the County infrastructure.
2. If the design of the County infrastructure conflicts with the Easement and the 36"
water line therein, the County shall notify City in writing prior to acceptance of
the consultant's design. City shall be given the opportunity to work with the
County's consultant to revise the design of County infrastructure so as to
eliminate the conflict. City and County understand and acknowledge that County
will make the final decision regarding the planning, design and construction of the
County infrastructure.
3. County shall not be responsible for any cost or expense related to the
construction, reconstruction, relocation, lowering, raising, operation and
maintenance of the 36" water line located within the Easement, such costs or
expenses being the responsibility of City under this agreement. The County shall
require its independent contractor, if any, to indemnify, defend and hold City
harmless for any damage to the 36" water line occurring during construction of
the County infrastructure. Further, nothing contained herein shall be construed so
as to relieve the County from any obligation related to damage to the 36" water
line caused by the County's negligence in the event that the County constructs its
infrastructure using its own forces.
4. If the conflict between the County infrastructure and the 36" water line within the
Easement cannot be resolved at no cost to County, County shall allow City the
opportunity to request a change in the design of the County structure, at City's
cost and expense. County agrees to require its consultant to prepare alternate bids
for the construction of the County infrastructure, one alternate being the original
design that conflicts with the 36" water line and the second alternate being the
design that does not conflict with the 36" water line. After County receives bids
for the construction of the County infrastructure, County shall provide to the City
copies of all responsive bids received. City will be given the opportunity to
determine if the difference between the bid alternates is less than the cost to
reconstruct or relocate the 36" water line. County and City agree to cooperate in
the award of any contract so as to reduce the cost to the City.
5. County agrees to consider this agreement as it considers plats that include the
Easement.
6. This agreement becomes effective on the date of execution by the City.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
J
Attest: County of Tarrant
Tom Vandergriff, Coun"dr
*Approved as to Form:
Assistant strict 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 contract 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).
Attest: City orth
B
Glo a Pearson Marc Ott
City Secretary Assistant City Manager
V
Approved as to Form and Legality: Approval Recommended:
Assistant City Attorney Dale Fisseler, P. E., it ctor
Water Department
Contract authorization
Date
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/30/2004
DATE: Tuesday, March 30, 2004
LOG NAME: 60WILLOW REFERENCE NO.: **C-20018
SUBJECT:
Approval of Agreement with Tarrant County, Texas, Regarding a Water Main Located in Willow
Springs Road inside the City of Fort Worth's Extraterritorial Jurisdiction
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an agreement with Tarrant
County, Texas regarding a 36" water main located in a private easement along Willow Springs Road, inside
the City of Fort Worth's Extraterritorial Jurisdiction.
DISCUSSION:
Following plan review by Tarrant County, the City of Fort Worth constructed a 36" water main located in
Willow Springs Road, between Bonds Ranch Road and Avondale Haslet Road.
On September 9, 2003, the Commissioners Court adopted a Court Order, which states that, "the
Commissioners Court will not approve a plat that contains within any existing or any proposed street,
roadway, or alley dedication, an easement or utility that will, in the judgement of the Commissioners Court,
impair or impede the County's ability to repair, widen or utilize the land intended for public use." Therefore,
so as to not delay the County's consideration of plats that include this easement, it is necessary to enter
into an agreement that defines obligations related to the easement and the 36" water main.
The proposed agreement provides that:
1. City and County agree to cooperate in the planning, design and construction of County infrastructure
that is to be located in or near the easement containing the 36" water main in order to attempt to avoid
conflicts between the County infrastructure and the utility.
2. If the design of the County infrastructure conflicts with the easement and the 36" water main, the
County agrees to notify City in writing prior to acceptance of its consultant's design. City shall be given the
opportunity to work with the County's consultant to revise the design of County infrastructure so as to
eliminate the conflict. The County will make the final decisions regarding its infrastructure.
3. County will not be responsible for any cost or expense related to the construction, reconstruction,
relocation, lowering, raising, operation and maintenance of the 36" water main located within the easement,
such costs or expenses being the responsibility of City.
4. If the conflict between the County infrastructure and the 36" water main within the easement cannot be
resolved at no cost to County, County shall allow City the opportunity to request a change in the design of
the County structure, at City's expense. County agrees to require its consultant to prepare alternate bids for
the construction of the County infrastructure, one alternate being the original design that conflicts with the
36" water main, and the second alternate being the design that does not conflict with the main. After
County receives bids for the construction of the County infrastructure, County shall provide to the City
Logname: 60WILLOW Page ] of 2
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copies of all responsive bids received. City will be given the opportunity to determine if the difference
between the bid alternates is less than the cost to reconstruct or relocate the 36" water main. County and
City agree to cooperate in the award of any contract so as to reduce the cost to the City.
5. County agrees to consider this agreement as it considers plats that include the water main easement.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Dale Fisseler (8207)
Additional Information Contact: Dale Fisseler (8207)
Logname: 60WILLOW Page 2 of 2