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Home My WebLink AboutContract 36527CITY SECRETARY CONTRACT NO. THE STATE OF TEXAS § COUNTY OF DENTON § ROAD IMPROVEMENT Jul TERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF FORT WORTH, TEXAS THIS AGREEMENT is made and entered into by and between Denton County, Texas, a duly organized political subdivision of the State of Texas, engaged in the administration of local government and related services for the citizens of Denton County, Texas, hereinafter "the County;" and the City of Fort Worth, Texas, a duly organized municipality partially in Denton County, Texas, engaged in the administration of municipal and related services for the benefit of the citizens of the City of Fort Worth, Texas, hereinafter "the City." This Agreement shall be fully executed and enforceable as of the date it is signed by the County and the City, hereinafter collectively referred to as "the Parties." WHEREAS, the County and the City desire to enter into this Agreement for the purpose of the completion of the bridge replacement on Litsey Road at Henrietta Creek and interim roadway improvements to Litsey Road, as described in attached Exhibit "A," hereinafter "the Project;" and WHEREAS, the Project consists of the completion of the bridge replacement on Litsey Road at Henrietta Creek at an estimated cost of TWO MILLION ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($2,100,000.00) and interim roadway improvements to Litsey Road at an estimated cost of ONE MILLION SIX HUNDRED TWELVE THOUSANDAND 00/100 DOLLARS ($1,612,000.00). The Project will be performed entirely within the boundaries of the City located in Denton County Commissioner Precinct 44. The total estimated cost of completion of the Project is THREE MILLION SEVEN HUNDRED TWELVE THOUSAND AND 00/100 DOLLARS ($3,712,000.00), and WHEREAS, the Interlocal Cooperation Act, Chapter 791 Texas Government Code, provides authorization for a local government to contract with one or more loc i�rlti A City of Fort Worth ICA— Litsey Road p 1°A J b ' perform governmental functions and services under the terms of the Act and the County and the City mutually desire to be subject to the provisions of the Act; and WHEREAS, the County and the City value the early completion of the Project which involves roads which are integral parts of the County'a road system and the County and the City value the early completion of the Project to improve safe travel on improved roadways; and NOW, THEREFORE, it is mutually agreed by the Parties hereto as follows: I. Pursuant to Texas Government Code §791.011, the County and the City hereby enter into this Agreement in order to perform governmental functions and services in the area of streets, roads and drainage. The purpose of this Agreement is to provide a governmental function or service that each Party to the Agreement is authorized to perform individually. The term of this Agreement shall commence upon execution by all Parties and shall terminate upon completion of the Project or upon termination of this Agreement under the provisions of Section VIII. II. The County and the City hereby agree that the scope of the Project consists of the completion of the bridge replacement on Litsey Road at Henrietta Creek at an estimated cost of TWO MILLION ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($2,100,000.00) and interim roadway improvements to Litsey Road at an estimated cost of ONE MILLION SIX HUNDRED TWELVE THOUSAND AND 00/100 DOLLARS ($1,612,000.00). The total estimated cost of completion of the Project is THREE MILLION SEVEN HUNDRED TWELVE THOUSAND AND 00/100 DOLLARS ($3.712,000.00), as described in Exhibit "A." The City hereby agrees to contribute an amount not to exceed FOUR HUNDRED SEVENTY-ONE THOUSAND AND 00/100 DOLLARS ($471,000) towards the satisfactory completion of the bridge replacement project on Litsey Road at Henrietta Creek. The City further agrees to contribute an amount not to exceed FOUR HUNDRED SEVENTY THOUSAND AND 00/100 DOLLARS ($470,000.00) toward the satisfactory completion of the City of Fort Worth ICA —Litsey Road Page 2 of 7 interim roadway improvements to Litsey Road. Additionally, the City agrees to let the roadway project for construction and to provide project management. IV. The County agrees to contribute an amount not to exceed FOUR HUNDRED ELEVEN THOUSAND AND 00/100 DOLLARS ($411,000.00) toward the satisfactory completion of the bridge replacement project on Litsey Road at Henrietta Creek and work with the Texas Department of Transportation to ensure the timely completion of the bridge project. The Texas Department of Transportation, under the terms of a separate agreement, will be responsible for funding an amount not to exceed ONE MILLION TWO HUNDRED EIGHTEEN THOUSAND AND 00/100 DOLLARS ($1,218,000.00) toward the construction of the bridge on Litsey Road at Henrietta Creek. The County further agrees to contribute an amount not to exceed ONE MILLION ONE HUNDRED FOURTY-TWO THOUSAND AND 00/100 DOLLARS ($1,142,000.00) toward the satisfactory completion of the interim roadway improvements to Litsey Road to include costs associated with engineering, construction staking, construction inspections and material testing. V. 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 setting forth a substantial failure by the defaulting party to fulfill its obligations under this agreement through no fault of the terminating party. No such termination may be affected unless the defaulting party is given: (1) written notice of intent to terminate, delivered via certified mail return receipt requested, setting forth the substantial failure to perform; (2) not less than thirty (30) calendar days to cure the failure; and (3) an opportunity for consultation with the terminating party prior to termination. In the event of termination by the City, the City shall reimburse the County for all invoices submitted up to and including the date of termination. Notices shall be directed as follows: For City: City of Fort Worth Transportation &Public Works Attn: George Behmanesh, Assistant Director 1000 Throckmorton Street City of Fort Worth ICA —Litsey Road Page 3 of 7 Copy To: on Worth, Texas 76102 City of Fort Worth Office of the City Attorney Attn: Amy J. Ramsey 1000 Throckmorton Street Fort Worth, Texas 76102 For County: Honorable Mary Horn Denton County Judge 110 West Hickory Denton, Texas 76201 Copy To: Denton County Criminal District Attorneys Office Civil Division P.O. Box 2850 Denton, Texas 76201 VI. The covenants, conditions and terms hereof are to be construed under the laws of the State of Texas and are performable by all parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. VII. This writing is intended by the parties as a final expression of their agreement and is a complete and exclusive statement of the terms of their agreement. This Agreement can be modified or terminated according to the provisions of Section VIII only in writing signed by both of the Parties, or their duly authorized agents. VIII. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waives, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims arising by third parties. City of Fort Worth ICA — Litsey Road Pag off',}; IX. 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. X. The undersigned officers and/or 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 and all necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals this, the day of tF vr20079 DENTON COUNTY, TEXAS Denton County, Texas 110 West Hickory Denton, Texas, 76201 By: Honorable Denton U udge If Acting by and on be] County Commissioners ATTEST: CITY OF FORT WORTH, TEXAS City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 By: �0 FrDFNAssistant � JO, Jfir:•_ - ••, too o 't e rent, By: County Clerk APPROVED AS TO FORM: sy: City of Fort Worth ICA— Litsey Road T: Manager Marty Hendrix City Secretary "EXHIBIT A" The Project is described as follows: Bridge replacement on Litsey Road at Henrietta Creek and interim roadway improvements to Litsey Road. The total estimated cost of completion for this Project is THREE MILLION SEVEN HUNDRED TWELVE THOUSAND AND 00/100 DOLLARS ($3,712,000.00). City of Fort Worth ICA —Litsey Road Page 6 of 7 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 the bridge replacement on Litsey Road at Henrietta Creek and interim roadway improvements to Litsey Road, within the City of Fort Worth, Texas, located in Denton County Commissioner Precinct #4. The total estimated cost of completion for the Project is THREE MILLION SEVEN HUNDRED TWELVE THOUSAND AND 00/100 DOLLARS ($3,712,000.00) of which the City of Fort Worth, Texas, will contribute a sum not to exceed NINE HUNDRED FORTY-ONE THOUSAND AND 00/100 DOLLARS ($941,000.00). Denton County, Texas, hereby gives its specific written approval of the Project in satisfaction of the requirements of the Interlocal Cooperation Act, Chapter 791 Texas Government Code. The description of the Project to be undertaken and its location is as follows: the bridge replacement on Litsey Road at Henrietta Creek and interim roadway improvements to Litsey Road. 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: Presiding Commissi Court County City of Fort Worth ICA —Litsey Road Page 7 of 7 Page 1 of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/16/2007 -Ord. No.# 17834-10-2007, 17835-10-2007 & 17836-10-2007 DATE: Tuesday, October 16, 2007 LOG NAME: 201NTL/DENTON SUBJECT: Authorize Execution of an Interlocal Agreement with Denton Litsey Road Bridge over Henrietta Creek and Related Interim #00909), Authorize Transfer of Funds, Adopt of Appropriation Denton County RECOMMENDATION: It is recommended that the City Council: REFERENCE NO.: **C-22445 County for the Replacement of the Roadway Improvements (City Project Ordinances, and Accept Funds from 1. Authorize the transfer of $1,830,000 from General Fund to the Specially Funded Capital Projects Fund, from available funds; 2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations by $3,660,000 in the Specially Funded Capital Projects Fund, to fund capital projects as approved in the FY 07-08 budget; 3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations by 321,493 in the Future Improvements Project of the Special Assessments Fund; 4. Approve the transfer of $321,493 from the Special Assessments fund to the Specially Funded Capital Projects; 5. Authorize the City Manager to accept $1,142,000 from Denton County for roadway improvements to Litsey Road; 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $1,463,493 from contributions; and 7. Authorize the City Manager to execute an Interlocal Agreement with Denton County for the replacement of the Litsey Road Bridge over Henrietta Creek and related interim roadway improvements for a total City participation not to exceed $941,000 (except for costs for management and contingencies). DISCUSSION: During the formulation of the 07-08 Budget, $3.66 million was earmarked as funding for capital projects. Also at this time, because $1.83 million of the $3.66 million was budgeted in the FY 07-08 Operating Budget, staff recommends the transfer of $1.83 million from the Operating Budget to the Specially Funded Capital Projects Fund to combine both funding sources in one fund for more precise recording of expenditures and revenues. Staff proposes to fund $500,000 of this project with that funding source, as plans were to recommend it for inclusion in a future bond program, anticipated in May 2008. http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 1/23/2008 Page 2 of 3 On April 10, 2007, (G-15671) City Council approved the closure of Litsey Road Bridge East at Henrietta Creek pending its replacement. An inspection of the Litsey Road Bridge by staff found that the bridge deck was severely deteriorated and the bridge was immediately closed to traffic. The project consists of the replacement of Litsey Road Bridge at Henrietta Creek and associated roadway improvements at an estimated cost of $3,712,000. The bridge replacement cost is estimated at $2,100,000. The Texas Department of Transportation (TxDOT) by a separate agreement will participate $1,218,000, Denton County $411,000, and the City of Fort Worth $471,000. TxDOT will manage the bridge project. Roadway improvements to Litsey Road with an estimated cost of $1,612,000. Denton County will participate $1,142,000, and the City of Fort Worth $470,000, in addition $30,493 will be needed for costs for management and contingencies. The City of Fort Worth agrees to collect funds from Denton County and let the roadway project for construction and to provide project management. The City included $150,000 from the 1998 Capital Improvement New Development Fund and has received $321,493 from previous developer contributions for future improvements to Litsey Road through Community Facilities Agreements, which will be used for these projects. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available as appropriated, of the Specially Funded Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers $1,830,000.00 C291 472001 201249990100 C291 472001 201249990100 $1,830,000.00 $1,830,000.00 C291 541200 201249990100 C291 446100 174770080640 $1, 830, 000.00 C291 541200 174770080640 $1,830,000.00 GS94 488100 020941369010 $321,493.00 GS94 538070 020941369010 $321,453.00 4&� $321,493.00 C291 472094 202240090983 5&6 $1,142,000.00 C291 488150 202240090983 C291 511010 202240090983 $29,000.00 C291 541200 020240090983 $471,000.00 C291 541200 202240090983 $1,463,493.00 GG01 538070 0908000 $1,830,000.00 GS94 538070 020941369010 $321,493.00 $941,000.00 C291 541200 202240090983 http : //www. cfwnet. org/council�acket/Reports/mc�rint. asp 1/23/2008 Page 3 of 3 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Marc A. Ott (8476) Robert Goode (7804) George Behmanesh (7914) http://www.cfwnet.org/council�acket/Reports/mc�rint.asp - 1 /23/2008