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HomeMy WebLinkAboutContract 42611 CITY SECRETARY CONTRACT NO. - L THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT BACKGROUND This Interlocal Agreement (AGREEMENT) is between County of Tarrant ("COUNTY"), and the City of Fort Worth ("CITY"); and collectively referred to as the PARTIES. Sections 791.001 — 791.029 of the Texas Government Code provide legal authority for this Agreement; During the performance of the governmental functions and the payment for the performance of those governmental functions the parties will make the performance and payment from current revenues legally available to that party; and The Commissioners Court of the COUNTY and the City Council of the CITY each find: a. This Agreement serves the common interest of both parties; b. This Agreement will benefit the public; C. The division of costs fairly compensates both parties to this Agreement; and d. The CITY and COUNTY have authorized their representative to sign this Agreement. The Parties therefore agree as follows: Project Description Installation of a traffic signal at the intersection of the northbound U.S. 287 frontage road and Avondale Haslet Road, located in the CITY. TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY COUNTY will pay to CITY $100,000 at the completion of the project. 2. CITY RESPONSIBILITY 2.1 CITY will complete the construction of the project; 2.2 CITY will furnish all rights of way, plan specifications and engineering drawings. OFFiGIAL kLr�''RD CITY SECRETARY 4 OT. AORTH, IX 2.3 CITY will furnish necessary traffic controls including Type A barricades to redirect traffic flow to alternate lanes during the construction phase of the project; and 2.4 CITY will provide temporary driving lane markings. 3. PROCEDURES DURING PROJECT COUNTY retains the right to audit CITY records regarding this project. 4. NO WAIVER OF IMMUNITY This agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This agreement does not waive CITY rights under a legal theory of sovereign immunity. 5. THIRD PARTY The parties do not enter into this contract to protect any specific third party. The intent of this contract excludes the idea of a suit by a third party beneficiary. The parties to this contract do not consent to the waiver of sovereign immunity under Texas law to the extent any party may have immunity under Texas law. 8. JOINT VENTURE & AGENCY The relationship between the parties to this contract does not create a partnership or joint venture between the parties. This contract does not appoint any party as agent for the other party. 9. EFFECTIVE DATE This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. ATTEST: COUNTY OF TARRANT b� COUNTY JUDGE Date: 11-5-11 MMIS IONER, PRECINCT THREE GARY FICKES Date: //- IS—/r APPROVE S TO FO DISTRIC TTORNEY'S OFFICE Parties er than the county and its Commissioners Court may not rely on this approval. Such parties should seek counsel of their own choice to review this contract. Certification of aVaiijable funds in the amount 000-auxi�� of: ^°00 00 000 ! i t d WWO 00 n o xd TARRANT COUNTY AUDITOR ATTEST: � °°°000000 °° CITY OF FORT WORTH a��ix §4 City Secretary, O&A-1 Nan X Assistant Cit M Hager f:)a Gt��c C Z-5-O? I Date: Q // APPROVED AS TO FORM APPROVAL RECOMMENDED AND L ALITY �j Assistant City Attorney Transpo tion and Public Works irector __ oFFIClAL RECORD ' CITY , ECRETARY 3 FT `14::34 r: M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fou WORTH �u COUNCIL ACTION: Approved on 812/2011 -Ordinance No. 19814-08-2011 REFERENCE ** 20US 287 FRONTAGE ROAD DATE: 8/2/2011 NO.: C-25081 LOG NAME: &AVONDALE HASLET ROAD CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County and Acceptance of $100,000.00 as County Funding Participation for the Installation of a Traffic Signal at the Intersection of US 287 Northbound Frontage Road and Avondale Haslet Road and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize an Interlocal Agreement with Tarrant County in the amount of$100,000.00 as their funding participation for the installation of a traffic signal at the intersection of US 287 Northbound Frontage Road and Avondale Haslet Road; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Street Improvements 2008 Fund in the amount of$100,000.00. DISCUSSION: This project will include a traffic signal and left-turn bay (eastbound to northbound traffic movement) at the intersection of the Northbound US 287 Frontage Road and Avondale Haslet Road. In April 2011, a traffic impact analysis was conducted for a proposed Wal-Mart Store on Avondale Haslet Road just east of US 287. The analysis recommendations include the installation of a traffic signal and left-turn bay at the intersection of Northbound US 287 Frontage Road and Avondale Haslet Road. Estimated construction cost of the project is $255,850.00. Through this agreement, Tarrant County will fund $100,000.00 towards construction of the traffic signal project and the City of Fort Worth will manage construction of the project. The City's funds will be from 2008 Bond Funds and Developer Funds that are being considered under a separate Mayor and Council Communication (M&C) to execute a Community Facilities Agreement with Wal-Mart Stores Texas, LLC. The Transportation and Public Works Department will be responsible for collecting the funds from Tarrant County. This project is located in COUNCIL DISTRICT 7, Mapsco Page 4U. FISCAL INFORMATION/CERTIFICATION: 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 Improvements 2008 Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 2) C204 451970 207230141483 $100,000.00 2) C204 541200 207230141483 $100,000.00 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15245&councildate=8/2/2011 11/30/2011 M&C Review Page 2 of 2 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Patrick Buckley(2443) ATTACHMENTS 20 US287 MAP_._NB FRONTAGE RD-AVONDALE HAS_L...ET.pdf 20US 287 FRONTAGE RD- AVONDALE HASLET RD AO REV.doc http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15245&councildate=8/2/2011 11/30/2011