The URL can be used to link to this page

Home My WebLink AboutContract 39310CITY SECRETARY 3�3n CONTRACT No, STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § INTERLOCAL AGREEMENT This Agreement, made and entered into this the 13 day of , 2009, by and between the FORT WORTH TRANSPORTATION AUTHORITY, acting herein by and through its governing body, and the CITY OF FORT WORTH, acting herein by and through its governing body, 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 a 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 particularly described as: • Acquisition of design, right-of-way, permits and relocation of existing utilities and bidding services related to the future construction of a new railroad bridge for the Southwest -to -Northeast Commuter Rail project (SW2NE) within the Union Pacific Railroad and/or other third party owned right-of-way over future Hemphill Street, a 4-lane divided arterial street from Lancaster Avenue to Vickery Boulevard, to be constructed in conjunction with the SW2NE. WHEREAS, the parties hereto, in order to facilitate the financing, design and construction of the needed road and bridge work and in order to share the costs of having said work done, have agreed to share in the financing of said project as hereinafter stated in detail. [OFFI(JALRECORD Page -1- ly, NOW, THEREFORE, is agreed by the parties: 1. The CITY OF FORT WORTH will provide for the acquisition of right-of-way and relocation of existing utilities for the construction of Hemphill Street. 2. The FORT WORTH TRANSPORTATION AUTHORITY will provide for the acquisition of right-of-way, permits and relocation of existing utilities related to the construction of the SW2NE. 3. The CITY OF FORT WORTH will provide oversight and management of the design contract and process. The CITY OF FORT WORTH, at all regular plan submittal dates, will forward to the FORT WORTH TRANSPORTATION AUTHORITY the design for review and approval of the track and structure components of the FORT WORTH TRANSPORTATION AUTHORITY's separate bridge. 4. The FORT WORTH TRANSPORTATION AUTHORITY will provide The CITY OF FORT WORTH funding in a an amount not to exceed $85,000.00 for the design and bidding services related to the new railroad bridge for the SW2NErailway for this project. 5. The FORT WORTH TRANSPORTATION AUTHORITY will be liable for only those claims under which liability is imposed on it by the Texas Tort Claims Act. The CITY OF FORT WORTH will be liable for only those claims under which liability is imposed on it by the Texas Tort Claims Act. 6. It is contemplated that, subject to approval of the governing bodies of both parties hereto, a future agreement between the FORT WORTH TRANSPORTATION AUTHORITY and the CITY OF FORT WORTH will be executed for the construction phase of the project, 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 Page -2- 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 the completion of the subject matter contemplated herein. ATTEST: Marty Hendrix City Secretary TO FORM AND Amy J. Assistant City Attorney Contrjctt, A.uthorizatiox —...` _ ` Data Page -3- CITY OF FORT WORTH: Fernando Costa Assistant City Manager APPROVAL RECOMMENDED: William A. Verkest, .E. Director, Transportation/ Public Works Department FORT WORTH TRANSPORTATION AUTHORITY: fz. Ruddell President/Executive Director APPROVED AS TO FORM AND LEGALITY: S via Hartless Legal Counsel M&C Rev*w law Pagel of 2 CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas FORT IVORTH COUNCIL ACTION: Approved on 8/18/2009 - Ord. No. 18758-08-2009 DATE: 8/18/2009 REFERENCE NO.: "" C-23719 LOG NAME: 20HEMPHILL_ILA CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize an Interlocal Agreement in the Amount of $85,000.00 with The Fort Worth Transportation Authority for the Design of a new Commuter Rail Bridge for the Southwest to Northeast Railway Crossing of the Future Hemphill Connection from Vickery Boulevard to Lancaster Avenue and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an Interlocal Agreement with The Fort Worth Transportation Authority (The T) under which The T will pay the City $85,000.00 for the design of the new commuter rail bridge for the Southwest to Northeast Railway crossing of the future Hemphill Street Connection from Vickery Boulevard to Lancaster Avenue; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Street Improvements Fund by $85,000.00. DISCUSSION: The T's future Southwest to Northeast Passenger Railway crosses the alignment of the Hemphill Street Connection from Vickery Boulevard to Lancaster Avenue. The City is currently designing a new four track railroad bridge within the Union Pacific Railroad right-of-way over proposed Hemphill Street. This Interlocal Agreement was requested by The T to amend the City's design contract with Transystems Corporation Consultants to include the design of an additional single-track passenger railroad bridge over proposed Hemphill Street. Upon execution of this Interlocal Agreement: The T will provide funds in the amount of $85,000.00 for engineering design; The T will acquire ROW, permits and relocation of existing utilities for the construction of the Southwest to Northeast Rail Project; The City will acquire ROW, permits and relocate utilities for the construction of Hemphill Street; The City will provide oversight and management of the design process; A Separate Interlocal Agreement with The T will be required for the future construction phase of the Hemphill Connection project. HISTORY: The 2004 Capital Improvement Program (CIP) approved $9,705,000.00 for the design and construction of the Hemphill Connection as a four -lane divided roadway under IH-30 and the Union Pacific Railroad Tracks. This project is located in COUNCIL DISTRICTS 8 and 9, MAPSCO 76D and 76H. FISCAL INFORMATION/CERTIFICATION: http://apps.cfwnet.org/council packet/mc_ review.asp?ID=12124&councildate=8/18/2009 8/18/2009 M&C Review Page 2 of 2 The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Street Improvement Fund. The Transportation and Public Works Department is responsible for the collection and deposit of funds due to the City. TO Fund/Account/Centers 2) C200 531200 209230014130 $85.000.00 1) C200 451454 209230014130 $85.000.00 Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS 20HEMPHILL_AMEND.Ddf 20HEMPHILL_ILA AO.doc FROM Fund/Account/Centers Fernando Costa (6122) William Verkest (7801) Jim Walker (8009) http://apps.cfwnet.org/council packet/mc review. asp?ID=12124&councildate=8/18/2009 8/18/2009 MAYOR AND COUNCIL COMMUNICATION MAP 20HEMPHILL-AMEND 14w, - w Af 4t, 7p �i 4c,-, a, Jin N w 2,000 , O-XAA14W3* fl, VC TAX W-W is g NOY La-jrffl m z h FUTURE, COM E R FUTURE ,R4[LI3pliDrq,E` HEMPHILL .,STREET —CON-NECT,1061 5,77 p VICKERY 0 200 Fl Z. DETAIL OF PROJECT LOCATION m =