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Home My WebLink AboutContract 34388c��rY ��C�ETARY� r C,C)RITRFl�T� �,�(� . , INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE CITY OF SANSOM PARK FOR RECONSTRUCTION AND MAINTENANCE OF BEVERLY HILLS DRIVE FROM JACKSBORO HIGHWAY TO McCANDLESS AVENUE AND McCANDLESS AVENUE FROM BEVERLY HILLS DRIVE TO 23RD STREET This Agreement is entered into by and between the City of Sansom Park, acting by and through Robert Armstrong, its duly authorized Mayor, hereinafter referred to as Sansom Park, and the City of Fort Worth, acting by and through Marc Ott, its duly authorized Assistant City Manager, hereinafter referred to as Fort Worth, both of Tarrant County, State of Texas. WHEREAS, this Agreement is made under the authority of Sections 791.001- 791-029, Texas Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the perFormance of this Agreement is in the common interest of both parties, that the undertaking will benefit the public and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, each governing body agrees to share in the cost of the services described below. NOW THEREFORE, Sansom Park and Fort Worth agree as follows: Proiect. Fort Worth will enter into an interlocal agreement with Tarrant County, hereinafter referred to as the County Agreement. Under the County Agreement, Tarrant County shall be solely responsible for the cost and provision of the necessary labor and equipment for the reconstruction of Beverly Hills Drive from Jacksboro Hwy to McCandless Avenue and McCandless Avenue from Beverly Hills to 23�d Street, located in the cities of Fort Worth and Sansom Park, hereinafter referred to as the Project. Costs of the materials, survey, and engineering for the Project will be the equal responsibility of Fort Worth and Sansom Park. 2. Costs. Fort Worth and Sansom Park reasonably believe that the total cost of the necessary materials, survey, and engineering for the Project will not exceed $60,000.00. The materials cost is estimated at $53,000.00. Fort Worth and Sansom Park shall each pay fifty percent (50%) of the materials cost. The estimated cost of the survey and engineering is $7,000.00. Fort Worth and Sansom Park shall each pay fifty percent (50%) of the survey and engineering costs. Within thirty (30) days of the execution of this Agreement, Sansom Park shall deposit with Fort Worth, $30,000.00 for its share of the total estimated costs of the Project. Fort Worth will not issue County the Notice to Proceed until Fort Worth receives the deposit from Sansom Park. If the actual costs of the Fort Worth & Sansom Park ILA +^ ��'� rW� �� Page 1 0�3 �� "`�� '�r'�:J�� i�� +�. materials, survey, and engineering services exceed the estimated costs, Fort Worth and Sansom Park shall each pay 50% of the actual costs. If the actual costs of the materials, survey, and engineering services are less than the estimated costs, Fort Worth shall refund Sansom Park its proportionate share of the savings. 3. Right-of-Wav and Maintenance. Fort Worth and Sansom Park wiil each provide the rights of way necessary for the Project. Sansom Park agrees to contribute fifty percent (50%) of future maintenance and/or reconstruction costs for Beverly Hills Drive from Jacksboro Hwy to McCandless Avenue and McCandless Avenue from Beverly Hills to 23�d Street. The Fort Worth Transportation and Public Works Department shall determine the need for maintenance and/or reconstruction based upon an analysis of its Pavement Management Application (PMA). 4. Effect of Aqreement. a. Nothing in the perFormance of this Agreement shall impose any liability for claims against either Fort Worth or Sansom Park, other than claims for which the Texas Tort Claims Act may impose liability. b. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. c. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any part not a signatory to the Agreement. d. Nothing contained in this Agreement is intended by the parties to create a partnership orjoint 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. 5. Term. This Agreement shall commence on the date of its execution by both parties ("Effective Date") and remain in effect for ten (10) years from the date of the Effective Date. After ten years, the agreement shall automatically renew for successive one (1) year terms ("Renewal Period") and shall continue in full force and effect unless terminated by either party upon written notice. Such notice shall be given not later than ninety (90) days prior to the end of the renewal period. (Signature Page Below) Fort Worth & Sansom Park ILA May 2, 2006 Page 2 of 3 k��J�� I� a��i��' �� :�''JGG:'��, ��, 1�� EXECUTED this day of � � ; �_. , 2006. ATTEST: CITY OF FORT WORTH � . ,� - , i i-� � Marty Hendri •ity Secretary arc Ott, Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Amy Rar�r(�ey, ys'sistant �ity Attorne�� .' � � ATTEST: City �9dM ,;� ,'s�r•�-Far APPROVED AS TO FORM AND LEGALITY: Fort Worth & Sansom Park ILA May 2, 2006 Page 3 of 3 � ��-�� _ , Conrract Auth.o�'� a��t�.c�� I — ��+� ��T— --- CITY OF SANSOM PARK Robert Armstrong,, Mayor ��ls;l� ��l��J�� '�� 'J�� :��'�i�:�l �, ��i�� Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/11/2005 DATE: Tuesday, October 11, 2005 LOG NAME: 20BEVERLY HILLS REFERENCE NO.: **C-21075 SUBJECT: Authorize Execution of Interlocal Agreements with Tarrant County and the City of Sansom Park for Reconstruction of Beverly Hills Drive from Jacksboro Highway to McCandless Avenue and McCandless Avenue from Beverly Hills Drive to 23rd Street in the City of Fort Worth and the City of Sansom Park RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an Interlocal Agreement with Tarrant County for the reconstruction of Beverly Hills Drive from Jacksboro Highway to McCandless Avenue and McCandless Avenue from Beverly Hills Drive to 23rd Street in the City of Fort Worth and the City of Sansom Park for a total project cost to the City not to exceed $53,000; and 2. Authorize the City Manager to execute an Interlocal Agreement with the City of Sansom Park to reimburse the City 50% of all cost of materials and other incidentals necessary for the reconstruction of Beverly Hills Drive from Jacksboro Highway to McCandless Avenue and McCandless Avenue from Beverly Hills Drive to 23rd Street in the City of Fort Worth and the City of Sansom Park for a total project cost to the City of Fort Worth not to exceed $60,000 ($53,000 for materials, plus $7,000 for engineering and surveying). DISCUSSION: At the request of City staff, Tarrant County has agreed to enter into an Interlocal Agreement to reconstruct Beverly Hills Drive from Jacksboro Hwy to McCandless Avenue and McCandless Avenue from Beverly Hills to 23rd Street. Under the terms of this agreement, Tarrant County will provide all the necessary labor and equipment to perform this work. Fort Worth agrees at its sole option, to either deliver all the materials necessary for the construction of these roads to Tarrant County, or pay for the material provided by Tarrant County. The City of Fort Worth and the City of Sansom Park will enter into a separate Interlocal Agreement to equally share the cost of materials, and other incidentals necessary to complete the project. The share of these costs will result in a 50/50 split and will not exceed a total project cost of $53,000 to the City of Fort Worth. Additionally, the City of Fort Worth and the City of Sansom Park agree to the closing of the road to through traffic for the duration of the project or as deemed necessary by Tarrant County. This project is located in COUNCIL DISTRICT 2. http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 1/30/2007 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. TO Fund/Account/Centers Submitted for City Manager's Office b�[: Originating Department Head: Additional Information Contact: FROM FundlAccount/Centers GS93 541200 020930355510 $53,000.00 Marc Ott (8476) Robert Goode (7804) George Behmanesh (7914) http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 1/30/2007