HomeMy WebLinkAboutContract 35701 I6 fSRO
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARIIANT
CONTRACT
This Agreement made and entered into this the day of
2007, by and between the County of Tarrant, acting herein by
and thMugh its governing body the Commissioners Court, hereinafter referred to as
COUNTY, and the CITY OF FORT WORTH acting herein by and through its governing
body, hereinafter referred to as the CITY, 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 the 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 more particularly described as:
• Keller-Hicks Road: Add two lanes on north from west side of Trinity
Springs Middle School to North Beach Street (Alta Vista Road) and
complete North Beach Street intersection.
• The expansion of Keller Hicks and Alta Vista from three lanes to five
lanes at the intersection of Keller Hicks and Alta Vista, and the relocation
of existing utilities.
WHEREAS, the parties hereto, in order to facilitate the financing and
construction of the needed roadwork and in order to share the costs of having said work
to be done, have agreed to share in the financing of said project as hereinafter stated in
detail.
1. The CITY will construct the expansion of Keller Hicks and Alta Vista at the
intersection of Keller Hicks and Alta Vista and will provide for the relocation of
existing utilities.
. NJ�"TH, TEX.
2. COUNTY will provide funding in a total not to exceed amount of$515,000.00 for
this project, divided as follows: $400,000 as provided for from the County's
Road and Bridge Fund in the Fiscal Year 2007 Budget and $115,000.00 from the
County's Right of Way Acquisition Fund in the Fiscal Year 2007 Budget.
COUNTY will make a single payment to the CITY within 30 days of the
conclusion of the construction of this Project.
3. CITY will provide oversight and management of the design process.
4. COUNTY will be liable for only those claims under which liability is imposed on
it by the Texas Tort Claims Act. The CITY agrees to be liable for only those
claims under which liability is imposed on it by the Texas Tort Claims Act.
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
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 happening of any of the
following events:
1. The completion of the improvement provided for herein or;
2. At the end of one (1) year from date herein, unless renewed by both parties
APPROVED 0 FORM A� rMLF,ti LI
Assi
Cy
aAuthoriz d City facial Marc A. Ott
ATTEST: CITY Assistant City Manager
dA
1 ARRAN i COUNTY:
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Contract, authorization
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B. Glen Whitley, County Judge
J.:VlIr�:'` �f�V�A.v
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Tt L'Si�N�IG��, CIO.
ATTEST: COUNTY
J-a Fickes
County Commissioner,Precinct Three
*APPROVAL A TO FO
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District Atto r7l,
s Office
• By law, the District Attorney's Office may only advise or approve
contracts or legal documents on behalf of its clients. It may not advise or
approve a contract or legal document on behalf of other parties. Our
review of this document was conducted solely from the legal perspective
of our client. Our approval of this document was offered solely for the
benefit of our client. Parties should not rely on this approval, and should
seek review and approval by their own respective attorneys.
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/31/2007 - Ordinance No. 17678-07-2007
DATE: Tuesday, July 31, 2007
LOG NAME: 20KELLER ILA REFERENCE NO.: **C-22275
SUBJECT:
Authorize Execution of an Interlocal Agreement with Tarrant County for Cost Participation in the
Reconstruction of Keller-Hicks Road from 750 Feet West of Ridgeview Circle through the Alta Vista
Road Intersection (Project No. 00653) and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the 2007
Critical Capital Projects Fund by $515,000; and
2. Authorize the City Manager to execute an Interlocal Agreement with Tarrant County for cost participation
in the amount of$515,000 in the reconstruction of Keller-Hicks Road from 750 feet west of Ridgeview Circle
through the Alta Vista Road Intersection.
DISCUSSION:
On May 29, 2007, (M&C 22152) the City Council approved Amendment No. 1 to the April 24, 2006
Community Facilities Agreement (CSCN 33444) with Keller Independent School District (KISD). The
Amendment calls for the City to reconstruct Keller-Hicks Road as a five-lane street from 750 feet west of
Ridgeview Circle through the Alta Vista Road Intersection, with participation from KISD. The City's
estimated share of the cost is $225,000 for right-of-way and $1,065,000 for construction.
Tarrant County is agreeing to participate in the City's share of the costs, and has designated from its Fiscal
2007 budget $115,000 for right-of-way and $400,000 for construction for the project, to be paid to the City
upon completion of the construction. The subject Interlocal Agreement is for those payments.
Transportation and Public Works is responsible for the collection and deposit of these funds.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be
available in the current capital budget, as appropriated, of the 2007 Critical Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C295 488100 202230065341 $115,000.00 C295 541100 202230065341 $115,000.00
1A $400,000.00 $400,000.00
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/30/2007
Page 2 of 2
r
C295 488100 202230065383 C295 541200 202230065383
il $115,000.00
C295 541100 202230065341
il
C295 541200 202230065383 $400,000.00
Submitted for City Manager's Office by- Marc A. Ott (8476)
Originating Department (Head: Robert Goode (7913)
Additional Information Contact: Tom Leuschen (2442)
http://www.cfwnet.org/councll_packet/Reports/mc_print.asp 8/30/2007