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HomeMy WebLinkAboutContract 35701 I6 fSRO THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARIIANT CONTRACT This Agreement made and entered into this the day of 2007, by and between the County of Tarrant, acting herein by and thMugh its governing body the Commissioners Court, hereinafter referred to as COUNTY, and the CITY OF FORT WORTH acting herein by and through its governing body, hereinafter referred to as the 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 party or parties paying for the performance of governmental functions or services shall make payments therefore from current revenues available to the paying party; and, WHEREAS., the governing bodies of the two parties find that the project or undertaking 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: • Keller-Hicks Road: Add two lanes on north from west side of Trinity Springs Middle School to North Beach Street (Alta Vista Road) and complete North Beach Street intersection. • The expansion of Keller Hicks and Alta Vista from three lanes to five lanes at the intersection of Keller Hicks and Alta Vista, and the relocation of existing utilities. WHEREAS, the parties hereto, in order to facilitate the financing and construction of the needed roadwork and in order to share the costs of having said work to be done, have agreed to share in the financing of said project as hereinafter stated in detail. 1. The CITY will construct the expansion of Keller Hicks and Alta Vista at the intersection of Keller Hicks and Alta Vista and will provide for the relocation of existing utilities. . NJ�"TH, TEX. 2. COUNTY will provide funding in a total not to exceed amount of$515,000.00 for this project, divided as follows: $400,000 as provided for from the County's Road and Bridge Fund in the Fiscal Year 2007 Budget and $115,000.00 from the County's Right of Way Acquisition Fund in the Fiscal Year 2007 Budget. COUNTY will make a single payment to the CITY within 30 days of the conclusion of the construction of this Project. 3. CITY will provide oversight and management of the design process. 4. COUNTY will be liable for only those claims under which liability is imposed on it by the Texas Tort Claims Act. The CITY agrees to be liable for only those claims under which liability is imposed on it by the Texas Tort Claims Act. By entering into this Agreement the parties do not create any obligations express or implied other than those set forth herein and this Agreement shall not create any rights in parties not signatories hereto. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. This Agreement shall terminate automatically upon happening of any of the following events: 1. The completion of the improvement provided for herein or; 2. At the end of one (1) year from date herein, unless renewed by both parties APPROVED 0 FORM A� rMLF,ti LI Assi Cy aAuthoriz d City facial Marc A. Ott ATTEST: CITY Assistant City Manager dA 1 ARRAN i COUNTY: i Y : Contract, authorization ti B. Glen Whitley, County Judge J.:VlIr�:'` �f�V�A.v XN Tt L'Si�N�IG��, CIO. ATTEST: COUNTY J-a Fickes County Commissioner,Precinct Three *APPROVAL A TO FO 00 District Atto r7l, s Office • 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. Parties should not rely on this approval, and should seek review and approval by their own respective attorneys. f;rl `1N�� 'iS�ly��nU � e;r•n,n Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/31/2007 - Ordinance No. 17678-07-2007 DATE: Tuesday, July 31, 2007 LOG NAME: 20KELLER ILA REFERENCE NO.: **C-22275 SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County for Cost Participation in the Reconstruction of Keller-Hicks Road from 750 Feet West of Ridgeview Circle through the Alta Vista Road Intersection (Project No. 00653) and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the 2007 Critical Capital Projects Fund by $515,000; and 2. Authorize the City Manager to execute an Interlocal Agreement with Tarrant County for cost participation in the amount of$515,000 in the reconstruction of Keller-Hicks Road from 750 feet west of Ridgeview Circle through the Alta Vista Road Intersection. DISCUSSION: On May 29, 2007, (M&C 22152) the City Council approved Amendment No. 1 to the April 24, 2006 Community Facilities Agreement (CSCN 33444) with Keller Independent School District (KISD). The Amendment calls for the City to reconstruct Keller-Hicks Road as a five-lane street from 750 feet west of Ridgeview Circle through the Alta Vista Road Intersection, with participation from KISD. The City's estimated share of the cost is $225,000 for right-of-way and $1,065,000 for construction. Tarrant County is agreeing to participate in the City's share of the costs, and has designated from its Fiscal 2007 budget $115,000 for right-of-way and $400,000 for construction for the project, to be paid to the City upon completion of the construction. The subject Interlocal Agreement is for those payments. Transportation and Public Works is responsible for the collection and deposit of these funds. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the 2007 Critical Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C295 488100 202230065341 $115,000.00 C295 541100 202230065341 $115,000.00 1A $400,000.00 $400,000.00 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/30/2007 Page 2 of 2 r C295 488100 202230065383 C295 541200 202230065383 il $115,000.00 C295 541100 202230065341 il C295 541200 202230065383 $400,000.00 Submitted for City Manager's Office by- Marc A. Ott (8476) Originating Department (Head: Robert Goode (7913) Additional Information Contact: Tom Leuschen (2442) http://www.cfwnet.org/councll_packet/Reports/mc_print.asp 8/30/2007