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HomeMy WebLinkAboutContract 49138 sem CITY SECRETARY Q CONTRACT NO. THE STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPE MENT BETWEEN DENTON COUNTY,TEXAS,AND T JTY OF FORT WORTH,TEXAS THIS AGREEMENT is made, entered into, and executed by and between Denton County, Texas, a duly organized political subdivision of the State of Texas, hereinafter "the County," and the City of Fort Worth, Texas, a duly organized municipality, existing under the laws of the State of Texas, hereinafter "the City." The County and the City are collectively referred to herein as"the Parties." WHEREAS,the County and the City mutually desire to enter into this Agreement for the purpose of construction, striping of turn lanes, and installation of a new traffic signal at the intersection of SH 114/Tanger Boulevard/Labonte Lane, consideration of a future traffic signal along SH 114 Between IH 35 and Championship Parkway as development occurs and signal warrants are met, and improvements to the SH 114/IH-35 signal, located entirely within the municipal limits of the City and Denton County, Commissioner Precinct #4, hereinafter "the Project;"and WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791, hereinafter"the Act,"provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act, and the County and the City hereby mutually agree to be subject to the provisions of the Act; and WHEREAS, the County and the City value the timely completion of the Project involving roads, which are an integral part of both the City's and County's road system, and the Parties are undertaking the Project to facilitate safe travel on an improved roadway; NOW, THEREFORE, this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein: WITNESSETH: I. Pursuant to Texas Government Code §791.011, the County and the City hereby enter into this Agreement in order to perform certain governmental functions and services in the area of streets, roads, and drainage. The purpose of this Agreement is to provide a governmental OFFICIAL.R4TX ICA—Fort Worth—Traffic Signal SH 114/Tanger Blvd/Labonte Ln/SH 114/Allison Ave CITY SECRPage I of 7 I T.WORT function or service that each parry is authorized to perform individually. II. The County and the City hereby agree that the scope of the Project shall be limited to installation of a new traffic signal at the intersection of SH 114/Tanger Boulevard/Labonte Lane, improvements to the traffic signal at SH 114/IH-35, and consideration of a future traffic signal along SH 114 Between IH 35 and Championship Parkway as development occurs and signal warrants are met., which includes construction and striping of turn lanes as needed to provide for safe and efficient operation of the signals, at a total estimated project cost of ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). Design and construction will be in conformance with City and TxDOT requirements. Eligible costs for reimbursement include design, construction, project management, coordination with TxDOT and Denton County, plan reviews and approvals, costs to establish electrical service, and other necessary and customary costs as agreed to by the parties to this agreement. III. The County hereby agrees to contribute an amount which shall not exceed ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) towards satisfactory completion of the Project. The County's contribution is subject to formal approval of funding by the Denton County Commissioners Court. IV. The City hereby agrees to provide design, construction, project management, coordination with TxDOT and Denton County, plan reviews and approvals, costs to establish electrical service and other necessary and customary costs for satisfactory completion of the Project. In addition,the City will provide all inspections of the Project. V. As required by Texas Transportation Code §251.012 and as evidenced by the signature of the City's representative below, the governing body of the City by the execution of and approval of this Agreement hereby approves of the expenditure of County money to finance the construction, improvement, maintenance, or repair of a street or alley in the County that is located in the City. VI. ICA—Fort Worth—Traffic Signal SH 114/Tanger Blvd/Labonte LnJSH 114/Allison Ave Page 2 of 7 This exchange of in-kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. VII. The County agrees and understands that the County, its employees, servants, agents, or representatives shall at no time represent themselves to be employees, servants, agents, or representatives of the City. VIII. The City agrees and understands that the City, its employees, servants, agents, or representatives shall at no time represent themselves to be employees, servants, agents, or representatives of the County. IX. The County agrees to accept full responsibility for the acts, negligence, or omissions of all County employees, agents, subcontractors, or contract laborers doing work under a contract or agreement with the County.Nothing herein shall waive any sovereign or governmental immunity rights the County may enjoy. X. The City agrees to accept full responsibility for the acts, negligence, or omissions of all City employees, agents, subcontractors, or contract laborers doing work under a contract or agreement with the City. Nothing herein shall waive any sovereign or governmental immunity rights the City may enjoy. XI. The City shall submit invoices for reimbursement to the Denton County Auditor, James Wells,401 W. Hickory Street, Suite 423,Denton,Texas 76201, and at the same time submit a copy of all invoices to Mr. John Polster, c/o Innovative Transportation Solutions, Inc., 2701 Valley View Lane, Farmers Branch, Texas 75234. Invoices should be submitted on a monthly basis, and the County shall reimburse the City based on the relative funding obligations of the Parties for all approved expenses related to the Project within thirty(30)calendar days of receipt of an invoice from the City, provided that all expenditures are made in a manner which is consistent with the terms of this Agreement. Upon satisfactory completion of the Project, the County and the City shall prepare and complete a full audit of the Project. XII. ICA—Fort Worth—Traffic Signal SH 114/fanger Blvd/Labonte Ln/SH 114/Allison Ave Page 3 of 7 This Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed. XIII. This Agreement may be terminated in whole, or in part, by the County or the City upon thirty (30) days written notice to the other party at any time, with or without cause. In the event of termination by the County, the County shall pay all approved invoices submitted up to and including the date of termination. XIV. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations, and agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: Honorable Betsy Price, Mayor City of Fort Worth, Texas 1000 Throckmorton Street Fort Worth, Texas 76102 Copy To: David Cooke, City Manager City of Fort Worth,Texas 1000 Throckmorton Street Fort Worth, Texas 76102 For County: Honorable Mary Horn Denton County Judge 110 West Hickory Street,2nd Floor Denton, Texas 76201 Copy To: Denton County District Attorney's Office -Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 XV. The covenants, terms, and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. ICA—Fort Worth—Trac Signal SH 114/Tanger Blvd/Labonte Ln/SH 114/Allison Ave Page 4 of 7 XVI. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties. XVII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the Parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XVIII. The undersigned officers and agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. ICA—Fort Worth—Traffic Signal SH 114/fanger Blvd/Labonte Ln/SH 114/Allison Ave Page 5 of 7 Executed this r day of , 2017. DENTON COUNTY, TEXAS CITY OF FORT WORTH,TEXAS 110 West Hickory 1000 Throckmorton Street Denton, Te as "201 Fort Worth, Texas 76102 By: B;y: Honorable Mary Ho Jesus . Chapa Denton County Judge Assistant City Manager of the City of Fort Worth, Texas Acting by and on behalf of the authority Acting by and on behalf of the authority the Denton County Commissioners Court of the City of Fort Worth, Texas RECOMMENDED BY: OFFICIAL RECORD (� l_j CITY SECRETARY Dougl Wiersig,P.E., FT.WORTH,TX Director, Transportation An Public Works ATTEST: ATTEST: � of FaRT� By: By: Denton Counte �, City cr.e y ltaryNASSSV. XAS APPROVED AS TO FORM: APPROVED AS TO FORM: 00 By: By: Assistant Distrittorne0City Attorney wt+ic c -?B 17 e2 COUNTY AUDITOR'S CERTIFICATE I hereby certify funds are available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. ICA—Fort Worth—Traffic Signal SH 114lf anger Blvd/Labonte Ln/SH 1141A11ison Ave Page 6 of 7 Denton County Auditor APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT Denton County, Texas, acting by and through the Denton County Commissioners Court, having been advised of the Project, which consists of construction, striping of turn lanes, and installation of a new traffic signal at the intersection of SH 114/Tanger Boulevard/Labonte Lane, improvements to the traffic signal at SH 114/IH-35, and consideration of a future traffic signal along SH 114 Between IH 35 and Championship Parkway as development occurs and signal warrants are met., hereby approves the Project under an Interlocal Cooperation Agreement with the City of Fort Worth. The Project will be performed within the boundaries of the City of Fort Worth and Denton County Commissioner Precinct #4. The total estimated cost of completion for the Project is ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) of which Denton County agrees to contribute an amount not to exceed ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). Design and construction will be in conformance with City of Fort Worth and TxDOT requirements. Eligible costs for reimbursement include design, construction, project management, coordination with TxDOT and Denton County, plan reviews and approvals, costs to establish electrical service, and other necessary and customary costs as agreed to by the parties to this agreement. Denton County, Texas, hereby gives its specific written approval of the Project prior to beginning the Project in satisfaction of the requirements of the Interlocal Cooperation Act, Chapter 791, Texas Government Code. The local government which requested the Project and with which Denton County, Texas,has contracted is the City of Fort Worth, Texas. By vote on this date, the Denton County Commissioners Court has approved the Project identified above and authorized execution of this document by the presiding officer on behalf of Denton County, Texas. Date: lr- /Y2=a/- Presiding Office lien—ton the County Commissioners C rt ICA—Fort Worth—Traffic Signal SH 114/ranger Blvd/Labonte Ln/SH 114/Allison Ave Page 7 of 7 City of Fort Worth, Texas Mayor and Council Communication n COUNCIL ACTION: Approved on 4/18/2017 - Ordinance No. 22677-04-2017 DATE: Tuesday, April 18, 2017 REFERENCE NO.: **C-28190 LOG NAME: 20INTERLOCAL AGREEMENT DENTON COUNTY SUBJECT: Authorize Execution of an Interlocal Agreement with Denton County in the Amount of$1,000,000.00 for the Construction of Traffic Signals at SH-114 and Tanger Boulevard/Labonte Lane and Along SH -114 Between SH-35W and Championship Parkway as Development Occurs and Additional Traffic Signals Would be Appropriate (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an Interlocal Agreement with Denton County, Texas in the amount of $1,000,000.00 for the construction of traffic signals at SH-114/Tanger Boulevard/Labonte Lane and along SH-114 between IH-35W and Championship Circle as development occurs and additional traffic signals would be appropriate; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Other Capital Projects Fund in the amount of$1,000,000.00. DISCUSSION: The City of Fort Worth, Denton County, Tanger Outlets, and Texas Motor Speedway have been in discussions over the need for signalization along SH-114 between IH-35 and Championship Parkway. As a result, Denton County has agreed, at its sole cost and subject to City and TxDOT approvals, to provide the design and funding for the construction of intersection and signal improvements on SH-114 at Tanger Boulevard/Labonte Lane (see attached map). The City will engage one of its traffic signal task order contractors to proceed with the immediate construction of signal improvements at SH-114/Tanger Boulevard/Labonte Lane. The City will construct additional signals along SH-114 between IH-35W and Championship Parkway as development occurs and signal operations would be the appropriate traffic control technique. The proposed Interlocal Agreement with Denton County will provide for the reimbursement of the City's construction costs and associated project management, inspection, and material testing costs. This project is located in COUNCIL DISTRICT 7, Mapsco 643P and 643Q. This contract will be with a governmental entity, state agency or public institution of higher education: Denton County. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, and adoption of the Logname: 20INTERLOCAL AGREEMENT DENTON COUNTY Page 1 of 2 attached appropriation ordinance, funds will be available in the current capital budget, as appropriated of the Grant Other Capital Projects Fund. FUND IDENTIFIERS (FIDs): TO Fund Department Accoun Project Program _ctivity Budget Reference # moun_ ID i ID Year Chartfield 2) FROM Fund Department Account Project :;ProgramActivityBudget Reference# mound ID ID Year _Chartfield 2) A CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Bryan Beck (7909) ATTACHMENTS 1. 201NTERLOCAL AGREEMENT DENTON COUNTY GRANTS AO17Rev.docx (Public) 2. Denton County ILA FID Identifier (003).xlsx (CFW Internal) 3. Map Interlocal Agreement Denton County updated.pdf (Public) Logname: 20INTERLOCAL AGREEMENT DENTON COUNTY Page 2 of 2