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Home My WebLink AboutContract 41877 (2)• � � � 1, �; STATE OF TEXAS § W I l �i § Interlocal Agreement COUNTY OF TARRANT § This IntILA rlocal Agreement (AGREEMENT') is entered into between Tarrant County, Texas, ("COUNTY'), and The City of Fort Worth, ("CITY"), and collectively referred to as the PARTIES, for the purpose of funding a needed transportation project within the boundaries of both parties which the Commissioners Court of the COUNTY and the governing body of the CITY find serves a public purpose and serves the public welfare of the citizens of Tarrant County and of the City of Fort Worth, The COUNTY and the CITY make the following findings of fact: 1. This agreement is made pursuant to Chapter 791 of the Texas Government Codes 2. To the extent necessary the parties will use current revenues to pay obligations in this agreement; 3. The project benefits the public in that it is a needed transportation project; 4. The COUNTY and the CITY each has the legal authority to perform its obligations in this agreement; and 5. The division of costs provided in this agreement constitute adequate consideration to each party. I. PROJECT DESCRIPTION This road improvement project will realign Harley Street on a new location as a four lane divided arterial from University Drive to Montgomery Street ('PROJECT'�0 In addition, significant drainage improvements will be made roughly along the arterial alignment to serve the basin commonly referred to as East Arlington Heights Watershed, The PROJECT is consistent with the approved alignment on the CITY's current Master Thoroughfare Plan and is identified as a major arterial. ®F�ICIAL DECOR® CI'1"Y SECRETARY FT WORTH, TX Interlocal Agreement Transportation Bond 2006-2007 Page 1 II. SCOPE OF SERVICES PROVIDED BY CITY The services to be provided by the CITY shall include, but are not limited to, the following: A. All costs associated with said PROJECT including for design acquisition of right of way, utility relocation and adjustment, planning, engineering, surveying, construction and governmental approval costs; B. Construction agreement administration, site review, and permitting; C. Interagency cooperation; D. A monthly progress report documenting the percent complete for each major component of the PROJECT shall be provided to the COUNTY; E. CITY will notify the COUNTY on completion of the PROJECT. F. CITY will include the following language on all on -site public notice signage: This project is funded by the City of Fort Worth through the 2004 Capital Improvement Program and the Tarrant County Commissioners Court through the 2006 Tarrant County Bond Program' III. SCOPE OF SERVICES PROVIDED BY COUNTY The services to be provided by the COUNTY shall include, but are not limited to, the following: A. All construction costs associated with the PROJECT as described in section V of this AGREEMENT; B. Construction inspection, material testing, and construction contingencies; C. Interagency cooperation. IV. TERM This AGREEMENT will conclude at the end of the current fiscal year unless terminated sooner per Section XII of this AGREEMENT. This AGREEMENT may be renewed annually until final completion of the PROJECT. Interlocal Agreement Transportation Bond 2006-2007 Page 2 V. COST COUNTY agrees to fund the actual costs of the as -built final total roadway PROJECT construction cost, up to the amount of the CITY's actual cost of the associated drainage improvements or $4,500,000.00 whichever is less, by reimbursing CITY. Payment to CITY shall be in accordance with Attachment A which is attached hereto and hereby made a part of this AGREEMENT for all purposes. In the event that the PROJECT is delayed, however the COUNTY is excused from paying until the successful completion of each scheduled phase of the PROJECT as reasonably determined by the CITY and COUNTY. Prior to the final payment, the CITY will provide certification signed by the City Manager or other authorized official that the work has been completed and that the funds being requested have been expended. The CITY will also provide certification as to the actual cost of the CITY's participation in the drainage improvements. VI. AGENCY -INDEPENDENT CONTRACTOR Neither COUNTY nor any employee thereof is an agent of CITY and neither CITY nor any employee thereof is an agent of COUNTY. This AGREEMENT does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other party. COUNTY understands and agrees that COUNTY will have no right to control the manner or means of construction of the PROJECT. VII. ASSIGNMENT Neither party may assign, in whole nor in part, any interest it may have in this AGREEMENT without the prior written consent of the other party. VIII. THIRD PARTY BENEFICIARY EXCLUDED No person other than a party to this AGREEMENT may bring a cause of action pursuant to this AGREEMENT as a third party beneficiary. This AGREEMENT may not be interpreted to waive the sovereign immunity of any party to this AGREEMENT to the extent such party may have immunity under Texas law. Interlocal Agreement Transportation Bond 2006-2007 Page 3 IX. AUDIT OF RECORDS CITY's records regarding the PROJECT shall be subject to audit by the COUNTY during the term of this AGREEMENT and for two years after the completion of the PROJECT. X. ENTIRE AGREEMENT This AGREEMENT represents the entire understanding of and between the parties and supersedes all prior representations as to the PROJECT This AGREEMENT may not be varied orally, but must be amended by written document of subsequent date duly executed by these parties. This AGREEMENT shall be governed by the laws of the State of Texas and venue for any action under this AGREEMENT shall be in the district courts of Tarrant County, Texas. XI. SCHEDULING CITY agrees that the COUNTY retains control over the COUNTY funding disbursement schedule identified in Attachment A. COUNTY agrees to notify CITY of any changes to the funding disbursement schedule 30 days in advance in accordance with Section XIII of this AGREEMENT. XII. TERMINATION Until funded by the COUNTY as described in Section IV, this AGREEMENT may be terminated by either party by providing written notice to the other party at least thirty (30) days prior to the intended date of termination. Interlocal Agreement Transportation Bond 2006-2007 Page 4 XIII. NOTICE Any notice or other writing required by this AGREEMENT, shall be deemed given when personally delivered or mailed by certified or registered United States mail, return -receipt, postage prepaid, addressed as follows. COUNTY: County Administrator Re: Harley Street Interlocal Agreement Tarrant County 100 E Weatherford St Fort Worth, Texas 76196 CITY: City Manager Re: Harley Street Interlocal Agreement City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 APPROVED on this day the day of , 4u , by Tarrant County. Commissioners Court Order No. 110g7Z TARRANT COUNTY STATE OF TEXAS County Judge CERTIFICATION OF $ � Q caTY Assistant City Manager FUNDS IN THE AMOUNT OF All future years' funding is contingent on future debt issuance and renewal of this AGREEMENT Fiscal year ending September 30, 2012 Fiscal year ending September 30, 2013 Fiscal year ending September 30, 2014 TOTAL County Auditor's Office Interlocal Aareement Transportation Bond 2006-2007 $ 1125000 $ 2,500,000 $ 1,125,000 $ 4,500,000 APPROVED AS TO FORM; District s OfFice* APPROVED A 7 TO FORM AND Assistant City Attorney *By law, the District Attorneys Office may only advise or approve agreements or legal documents on behalf of its clients. It may not advise or approve an agreement 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. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). Attested byo C. � C)M4SLSCS 0 % f—b Aj Contract Authorizatiola Marty Hend>ri 31a1►► Date secretary p0000po0 I�Y� 00 0 O�O o� 0 0 Interlocal Agreement Transportation Bond 2006-2007 Page 6 ATTACHMENT A Project Information City: City of Fort Worth Project Name: Harley Avenue from University Drive to Montgomery Street Proposed Project Schedule Start Date Duration (mo) End Date * Design: July 2010 12 July 2011 ROW Acquisition: May 2011 6 Nov 2011 Utility Relocation: n/a n/a Construction: February 2012 18 August 2013 COUNTY's payments by completed phase are contingent upon the CITY's and COUNTY's reasonable determination that the work regarding the PROJECT phase for which payment is expected is successfully completed. COUNTY plans to issue debt for all phases of this project therefore payment remains contingent on debt issuance in accordance with applicable law. The first payment will be dispersed upon the execution of the construction contract (anticipated 2nd Quarter of FY 12), with three equal payments to follow, according to the table, below. • Proposed County Payment by Phase Design: $0 ROW Acquisition: $0 Utility Relocation* $0 Construction: $4,500,000 County Funding Total: $4,500,000 Proposed County Payment by Fiscal Year Quarter (SUBJECT TO CHANGE) 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Oct -Dec Jan -Mar Apr -Jun Jul -Sep FY12 FY13 FY14 $ $ $ $ $ $1,125,000 $ $ $1,125,000 $ $1,125,000 $ $1,125,000 $ $ $ Interlocal Agreement Transportation Bond 2006-2007 Page 7 Attachment B Maps Projected Costs Interlocal Agreement Transportation Bond 2006-2007 Page 8 y_ A ERY:.ST I _ " y O _ < m ILI r Is Jqp M AI- -- � .,71 kill ;D ppp rZ It -ISO Cn �O Z.. - rF C) D Harley Avenue Realignment Project <655International Ste z0 Exhibit A Fort WoOK Texas 76109 Fort Worth, Texas p: (M) 735-7300 F. (BU) 735-7491 Drainaae Improvements By City of Fort Worth Absolute Verbal Scale: 1" = 400' Scale: 1 = 4,800 Date: February 2011 FN Job p: FTVJ09199 H:ISTORM WATERIWORKINGIJN EXHIBIT B Harley Avenue Realignment Project 30% Drainaee Desien Neighborhood Drainage $3,096,200 1 2-11x6 RCB 11945 LF $1,300,00 $2,528,500.00 2 1- 9x6 RCB 162 LF $500*00 $81,000000 3 60" RCP CLASS III 152 LF $175,00 $26,600900 4 54" RCP CLASS III 107 LF $150100 $16,050,00 5 36" RCP CLASS III 170 LF $65,00 $11,050.00 6 24" RCP CLASS III 200 LF $45,00 $9,000,00 7 EXCAVATION AND BACKFILL 50,000 CY $5,00 $250,000.00 8 MANHOLES 6 EA $5,000,00 $30,000,00 9 JUNCTION BOXES 1 EA $100,000.00 $100,000.00 10 10 FT STORM INLET 2 EA $3,000.00 $6,000.00 11 20 FT STORM INLET 5 EA $5,000.00 $25,000,00 12 TRENCH SAFETY 21600 LF $5000 $131000,00 Roadway Drainage $298,861 13 RIGHT OF WAY FROM CREDIT UNION 50000 SF $10600 $501000,00 14 33" RCP CLASS III 630 LF $150.00 $94,500,00 15 36" RCP CLASS III 170 LF $65,00 $11,050.00 16 24" RCP CLASS III 11060 LF $45,00 $47,700.00 17 EXCAVATION AND BACKFILL 11722 CY $5000 $8,611,11 18 MANHOLES 5 EA $5,000,00 $25,000,00 19 JUNCTION BOXES 1 EA $15,000.00 $15,000400 20 10 FT STORM INLET 11 EA $3,000.00 $331000,00 21 20 FT STORM INLET 1 EA $51000,00 $5,000.00 22 TRENCH SAFETY 1,800 LF S5,OD S9.000.00 EXHIBIT D Harley Avenue Realignment Project 30% Roadwa Desi n ESUNATOR ROADWAY '1 1 DEMO PAVEMENT CHECKED 51000 BY SY Cfi=Zfilp� $4.00 $20,000.00 2 EXCAVATION (DIRT) 200 CY $24.00 $4,800.00 3 EMBANKMENT 39,000 CY $16.00 $624,000900 4 LIME TREATED SUBRADE (8") 25,000 Sy $4.00 $100,000.00 5 LIME FOR SUBGRADE (43LB/SY) 600 ON $160.00 $96,000.00 6 CONCRETE PAVEMENT 10" 22,000 Sy $52.00 $1,144,000*00 7 CONCRETE CURB & GUTTER 14,000 LF $22.00 $308,000.00 8 CONCRETE SIDEWALK 10' 35,000 SF $4900 $140 000.00 9 TRAFFIC SIGNAL 2 LS $150,000900 $300,000.00 10 PEDESTRIAN ELEMENTS 2.5% 1 LS $ 60420.00 $60,420*00 11 LIGHTING 8% 1 LS $ 193,344.00 $193,344.00 12 SIGNS & PAVEMENT MARKINGS 1% 1 LS $ 24,168.00 $24,168.00 13 EROSION CONTROL 1 LS $ 10,000.00 $10,000.00 141 MISCELLANEOUS (5%) 11 LS 1 $ 120,840.00 $1201840.00 151RRIGATION/LANDSCAPING 11 LS 1 $250,000.00 $250,000.00 SUBTOTAL: CONTINGENCY1' SUBTOTAL: 1: 1 PROJECT DELIVERY 5% $3,396,000 It $4,076,000 1 t l l $203,800 ROADWAY IMPROVEMENTS"' / PROJECT"1 111 1) Does not include construction cost for retaining wall adjacent to Botanic 2) Does nat include construction cost for demolition of existing buildings 3) Earthwork estimated quantity is within Right -of -Way only P1I"1-`��I��I�1T ��T1��7T� �®I�I�V1IlI��®T�1lEIidS �®�JIlgrl� G K. MAENIU5 COUNTY ADMINISTRATOR May 27, 2011 Mr. Tom Higgins City Manager City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 �� Dear The Commissioners Court approved the enclosed Harley Street Interlocal Agreement pertaining to realignment and improvements on May 24, 2011, Court Order 110472. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, G. K. Maenius County Administrator Enclosure TARRANT COUNTY ADMINISTRATION BUILDING 100 E. WEATHERFORD, FORT WORTH, TEXAS S17/584-1733 FAX 817/584-1702