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
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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.
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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.
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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.
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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.
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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:
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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.
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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
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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