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Home My WebLink AboutContract 35783 (2)CIiY SECREY�FiY�� CONTRACT IVO. STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE CITY OF EULESS FOR RECONSTRUCTION OF SOUTH PIPELINE ROAD FROM FM 157 TO AMERICAN BOULEVARD AND RECONSTRUCTION OF THE SOUTH PIPELINE ROAD BRIDGE OVER POST OAK CHANNEL This Interlocal Agreement (the "Agreement") for the reconstruction of South Pipeline Road from FM 157 to American Boulevard and the reconstruction of the South Pipeline Road bridge over Post Oak Channel is entered into by between the City of Euless, acting by and through Gary McKamie, its authorized City Manager ("Euless"), and the City of Fort Worth, acting by through Marc Ott, its duly authorized Assistant City Manager ("Fort Worth"), being municipal corporations of Tarrant County, State of Texas. Euless and Worth may be referred to herein individually as Party or collectively as Parties. and duly and both Fort the WHEREAS, this Agreement is made under the authority of Sections 791.001 through 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 these payments from current revenues legally available to that Party: and WHEREAS, each gcverning 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, Euless and Fort Worth agree as follows: Fort Worth & Euless Interlocal Page 1 of 4 All of the matters stated in the preamble of this Agreement are found to be true and correct and are hereby incorporated into the body of the Agreement by reference as though fully set forth in their entirety herein. � �r i � �J�'__;r:' ..� �r��; �'i + � „��. ��cl�,�, �.i;� - - :.� ,-, � , � � r;'+ L";f ',cya'i�. r��''I' i �� .tiC%1�C�c� �uli:e � � ORIGINAL 2. Fort Worth will enter into an interlocal agreement with Tarrant County (the "County Agreement"). Under the County Agreement, Tarrant County will provide the necessary labor and equipment for the reconstruction of South Pipeline Road from FM 157 to American Boulevard (the "Street Project"). Under the County Agreement, Fort Worth will be responsible for the cost of the materials for the Street Project. Under this Agreement, Euless and Fort Worth will proportionately share the cost for the materials based on the percentages of the roadway frontage within each Party's jurisdiction. Fort Worth shall pay fifty-five percent (55%) and Euless shall pay forty-five percent (45%) of the costs of materials for the Street Project. Euless funding for the street project is initially set at $114,750.00. Fort Worth shall invoice Euless monthly for Euless' share of the materials actually used. Euless shall submit its share of the actual costs within thirty (30) days of its receipt of an invoice from Fort Worth. 3. Fort Vl(orth will manage the design and construction to replace the existing South Pipeline Road bridge over Post Oak Channel (Bridge ID ZP5420003) (the "Bridge Project"). Euless shall pay twenty-five percent (25%) of the bridge costs. Euless funding for the bridge is initially set at $157,000.00. Fort Worth shall invoice Euless monthly for Euless' share of the bridge costs actually completed. Euless shall submit its share of the actual costs within thirty (30) days of its receipt of an invoice from Fort Worth. 4. Effect of Agreement a. Nothing in the performance of this Agreement shall impose any liability for claims against either Fort Worth or Euless, 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 party not a signatory to the Agreement. d. 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 Fort Worth & Euless Interlocal Page 2 of 4 � Fort Worth & Euless Interlocal Page 3 of 4 Agreement does not create a joint enterprise, nor does it appoint any Party as an agent of any other Party, for any purpose whatsoever. Miscellaneous Provisions a. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. b. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. c. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties. d. Indemnification and hold harmless contained herein shall not be deemed a waiver of any sovereign immunity allowed pursuant to Tex. Civ. Proc. & Rem. Code Section 101.001 et. Seq., or otherwise. e. All payments made hereunder shall be payable from funds currently available to the City. f. This Agreement may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. g. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. h. The obligations and this Agreement are County, Texas. undertakings of each of the parties to and shall be performable in Tarrant Each party hereto warrants that it has received authority from its governing body to enter into this Agreement. I EXECUTED this � day of �, 2007 ATTEST: Marty Hendr , City Secret ry APPROVED AS TO FORM ATTEST: � ` �u�an Crim, RMC, City Secretary APPROVED AS TO FORM AND LEGALITY: , .� � ,� + ��'��iC�./_ / � . _ Fort Worth & Euless Interlocal Page 4 of 4 CITY OF FORT WORTH r , , i� Marc Ott, Assistant ify ' anager .� ��m.� _s__.._ . l�f�e . C.4 .e'S inll.��%.G�l.l�:%.r ^/ � �! � � � xs_„_. — -. CITY OF EULESS Ga cKamie, City Manager _'r'ri :�-�i�;: � :f��%)�;�,1�,.. ,;, . � :'l ,..,'l i �' �iS'�' �, �, . .. � �! �' s 1;-�� 2 .�f'�al��, �L��L. City of Fort Worth, Texas Mayor and Council Communication . . . - - -, ��--_:�� . ._T�._�� ti:_.�:_::��:T, ��.�.��..�__T��_.. �.,�_- . . . __�_.� _ : _ _ .: .�_ �� _.,.: ^ � ., � COUNCIL ACTION: Approved on 8/14/2007 - Ordinance #17706-08-2007 & 17707-08-2007 -. -. .__ ., _ _ _ .�._ . . _ , : . :.�_... .,,. • . ._ ._.,.� . , .__ �� .:_...,.�; »_.. ._. _��._z �s�.� � ._ . _�. __ 1�___�.. _. . _,s. . _ . .,. ... „ t_�.�. ,_ .._. . DATE: Tuesday, August 14, 2007 LOG NAME: 20EULESS/INTL REFERENCE NO.: C-22318 SUBJECT: Authorize the Execution of an Interlocal Agreement with the City of Euless for Rehabilitation of South Pipeline Road From FM 157 to American Boulevard and Reconstruction of the South Pipeline Road Bridge over Post Oak Channel in the Cities of Fort Worth and Euless and Adopt Appropriation Ordinances _. _..-;, ,. _.:, - ;. — _ ---- _ ... . ..... . ,T. T.� RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an Interlocal Agreement with the City of Euless to reimburse the City of Fort Worth its proportional share of the costs for the rehabilitation of South Pipeline Road from FM 157 to American Boulevard and the replacement of the South Pipeline Road bridge over Post Oak Channel for an estimated total cost to the City of Euless of $271,750.00; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Contract Street Maintenance Fund in the amount of $114,750.00 for the purpose of rehabilitating South Pipeline Road from FM 157 to American Boulevard, subject to receipt of funds from the City of Euless; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Street Improvements Fund in the amount of $157,000.00 for the purpose of reconstructing the South Pipeline Road bridge over Post Oak Channel, subject to receipt of funds from the City of Euless. DISCUSSION: On July 24, 2007, the City of Fort Worth City Council approved via (M&C C-22269) an Interlocal Agreement with Tarrant County to reconstruct South Pipeline Road from FM 157 to American Boulevard. Under the terms of that agreement, Tarrant County will provide all the necessary labor and equipment to perform the work. Fort Worth agrees to pay for the materials provided by Tarrant County. South Pipeline Road is a boundary street between the City of Fort Worth and the City of Euless. Under this agreement, the City of Euless will reimburse the City of Fort Worth its proportional share of the cost for rehabilitating South Pipeline Road and replacing the South Pipeline Road bridge over Post Oak Channel based on roadway frontage. Estimated costs to Euless for the roadway and bridge are $114,750 (45 percent of roadway costs) and $157,000 (25 percent of bridge costs), respectively, for an estimated total reimbursement to the City of Fort Worth of $271,750. Additionally, the City of Fort Worth and the City of Euless 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 5. Logname: 20EULESS/INTL Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, receipt of funds from the City of Euless and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund and the Street Improvements Fund. The Transportation and Public Works Department will be responsible for the collection and deposit of funds from the City of Euless under this agreement. TO Fund/Account/Centers 2)C293 488422 205600081580 21C293 523010 205600081580 2)C293 539120 205600081580 3)C200 488422 205260025883 3� C200 541200 205260025883 Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: Lo gname: 20EULES S/INTL $114,750.00 $83,355.00 $31,395.00 $157,000.00 $157,000.00 FROM Fund/Account/Centers Marc A. Ott (8476) Robert Goode (7804) George Behmanesh (7914) Page 2 of 2