HomeMy WebLinkAboutContract 36112 C►TY SECRETARY
CONTRACT NO,
01 L�-
THE STATE OF TEXAS }
} KNOWN ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT }
INTERLOCAL AGREEMENT
This Agreement made and entered into this the A V day of (6A b per, 2007, is
by and between the North Texas Tollway Authority ("NTTA"), acting herein by and through its
governing body, and the City of Fort Worth ("City"), acting herein by and through Marc Ott, its
duly authorized Assistant City Manager. NTTA and Fort Worth may be referred to herein
individually as a party and collectively as the parties.
WHEREAS, TxDOT, the City, and NTTA executed that certain Agreement between The
City of Fort Worth, The North Texas Tollway Authority, and the Texas Department of
Transportation concerning the Development of the Southwest Parkway ("SWP") dated November
28, 2000 (the"Original ILA");and
WHEREAS, this Agreement is made under the authority granted by and pursuant to
Chapter 791, Texas Government Code, known as the INTERLOCAL COOPERATION ACT; and,
WHEREAS, the parties, in paying for the performance of governmental functions or in
performing such governmental functions shall make payments therefore only from revenues,
legally available to such parties; and
WHEREAS, the governing bodies of each party find that the Project or undertaking is
necessary for the benefit of the public and that each party has the legal authority to design, 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:
1. Dirks Road Portion—The preparation of plans, specifications,and related
engineering items for Dirks Road from Bryant Irvin Road to Old Granbury Road excluding
the SH 121 /Southwest Parkway(SWP) Project ROW
2. Arborlawn Road Portion—The preparation of plans,specifications, and related
engineering items for Arborlawn Road from the existing road terminus east of the SWP
ROW to the existing road terminus west of the SWP ROW.
WHEREAS, the parties hereto, in order to facilitate the engineering design of the Project
and in order to share the costs of having said work performed, have agreed to share in the financing
of said Project as hereinafter stated in detail.
NTTA&City of Fort Worth
Page Plans, of 4 Specs,Eng Dirks&Arborlawn Portions
1
In consideration of the mutual undertaking hereinafter set forth and for adequate
consideration given,the parties agree as follows:
1. Dirks Road Portion of the Project
A. The NTTA shall design the full section of Dirks Road from Old Granbury Road to Bryant
Irvin as part of Section 4 of SWP, including all necessary walls.
B. NTTA shall provide the plans and specifications for the City's review and comment. The
approval of plans and specifications will follow the same plan approval protocol as
established in the Original ILA, as amended.
C. It is likely the existing Dirks Road will be closed between Granbury Road and Harris
Parkway to facilitate construction of the bridge and embankments at SWP for one 90 to 120
day period. If it is decided to close the road, NTTA shall be responsible for notification of
property owners, businesses, emergency services and any other affected agencies of the
road closure and its duration. The City shall be responsible for advance public involvement
with the neighborhoods regarding the upcoming closure, detour routes, etc. Contractor
incentives will be included in the construction document to facilitate the early completion
and re-opening of Dirks Road in order to minimize the closure of the roadway.
D. The City shall acquire all ROW, easements, and agreements required for construction of
the Project.
E. The City shall be responsible for subsurface utility exploration and funding for relocation
of any utilities (City-owned and franchise) in conflict with the Dirks Road portion of the
Project. The City shall design and relocate City-owned utilities. NTTA will coordinate
with the franchise utilities as an extension of their SWP project.
F. The City shall reimburse the NTTA for its engineering costs associated with the Section 4
engineer's work on the Dirks Road portion of the Project, engineering costs for franchise
utility coordination, and for the NTTA's General Engineering Consultant costs for
management of the design work.
2. Arborlawn Portion of the Project
A. The NTTA shall design the full paving section between the City's completed roadway
section and SWP ROW line,including all necessary walls.
B. NTTA shall provide the plans and specifications for the City's review and comment. The
approval of plans and specifications will follow the same plan approval protocol as
established in the Original ILA, as amended.
C. The City shall acquire all ROW, easements and agreements required for the Arborlawn
portion of the Project
NTTA&City of Fort Worth
Plans,Specs,Eng Dirks&Arborlawn Portions
Page 2 of 4
D. The City shall be responsible for subsurface utility exploration, utility relocation design and
funding for relocation of any utilities (City-owned and franchise) in conflict with the
Arborlawn portion of the Project.
3. Funding
A. The City shall make reimbursement payment for its portion of the Project described herein
to the NTTA in monthly installments. The agreed upon reimbursement amounts are:
Task Fee
Dirks Rd $557,122.75
Arborlawn $181,024.00
Utility Coordination Services $ 34,800.00
MAXIMUM CITY
PARTICIPATION $772,946.75
B. The first undisputed payment shall become due on the first day of the month, following 30
days after The City's receipt of the NTTA invoice.
4. General
A. NTTA shall be, at all times, responsible for the actions of its employees, officers, and
agents in fulfilling the terms of the Agreement. The City shall be, at all times, responsible
for the actions of its employees, officers, and agents in fulfilling the terms of this
Agreement.
B. NTTA shall 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 Claim Act.
C. It is expressly understood and agreed that, in the execution of the Agreement and contracts
incidental hereto, neither NTTA nor the City waive any immunity or defense that would
otherwise be available to it against any claim arising from the Agreement, including the
defense of governmental immunity.
D. The parties to this Agreement do not intend by this Agreement that any specific third party
may obtain a right by virtue of the execution or performance of the Agreement.
E. The Agreement may be amended only by writing signed by the parties.
5. Termination
This Agreement shall become effective on the date first written above. This Agreement shall
terminate automatically upon happening of any of the following events:
A. The completion of the Project provided for herein; or
B. Any party may terminate this Agreement on thirty (30) days written notice to the other
party.
NTTA&City of Fort Worth
Plans,Specs, Eng Dirks&Arborlawn Portions
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto hve executedjour (4) copies of this Agreement in
TARRANT COUNTY, Texas,this day of 2007.
NORTH TEXAS TOLLWAY AUTHORITY
By: ATTEST:
ie rt TCV- �rcl Debra L. Smith
Aretitig Executive Director /��/ Z
Date: �� D
APPROVED AS TO FORM AND LEGALITY:
BIAN E.BEVERLY
CITY OF FORT WORTH
STATE OF TEXAS
By: ATTEST:
MARC A. OTT MARTY HENDRIX
Assistant City Manager City Secretary
RECOMMENDED: Date:
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&wwLX-
Authorization: M&C C-22311,8/14/2007
ROBERT GOODE,P.E.
Director,Transportation & Public Works
APPROVE AS TO FORM AND LEGALITY:
AAfY PJN�9EY
Assistty Attorney
NTTA&City of Fort Worth
Plans,Specs,Eng Dirks&Arborlawn Portions
Page 4 of 4
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 8/14/2007
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DATE: Tuesday, August 14, 2007
LOG NAME: 20DIRKS/ARBOR REFERENCE NO.: **C-22311
SUBJECT:
Authorize Execution of an Interlocal Agreement with the North Texas Tollway Authority (NTTA) for
the Preparation of Plans, Specifications, and Related Items for Dirks Road from Bryant Irvin Road to
Granbury Road, and for Arborlawn Drive from East of the Southwest Parkway (SWP) to West of the
SWP (Project No. 00768)
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RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with
NTTA in the amount of $772,946.75 for the preparation of plans, specifications and related items for Dirks
Road from Bryant Irvin Road to Granbury Road, and for Arborlawn Drive from east of the Southwest
Parkway (SWP) to west of the SWP.
DISCUSSION:
TxDOT, the City of Fort Worth, and NTTA executed an agreement concerning the development of the
SWP that is dated November 28, 2007. In the course of project development it became apparent that
certain engineering work for Dirks Road and Arborlawn Drive could be done most expeditiously by NTTA
as part of their related engineering for the SWP. Accordingly, staff has worked with NTTA to develop an
Interlocal Agreement for that engineering. The estimated costs for the engineering services are:
TASK FEE
Dirks Rd. Improvements; $557,122.75
Arborlawn Improvements $181,024.00
Utility Coordination Services $34,800.00
TOTAL INTERLOCAL AGREEMENT $772,946.75
Staff considers these to be fair and reasonable.
This project is located in COUNCIL DISTRICT 3, Mapsco 102 B and C.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
2007 Critical Capital Projects Fund, the SH 121T Southwest Parkway Fund and the 1998 Street
Improvements Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C295 531200 203230076830 $611,922.75
Logname: 20DIRKS/ARBOR Page I of 2
a
C221 539120 303230000530 $91,024.00
C115 531200 020115023231 $70,000.00
Submitted for City Manager's Office by: Marc A. Ott (8476)
Originating Department Head: Robert Goode (7801)
Additional Information Contact: Tom Leuschen (2442)
Logname: 20DIRKSIARBOR Page 2 of 2