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ST ►'f'E OF TEXAS §
' § Interlocal Agreement
COUNTY OF TARRANT §
On July 22, 2014, through Court Order #118090, Tarrant County, Texas,
hereinafter referred to as COUNTY, entered into an agreement with the City of Fort
Worth, hereinafter referred to as FORT WORTH, for the purpose of funding a needed
transportation project within the boundaries of FORT WORTH, the City of Hurst and the
COUNTY. The Commissioners Court and the governing body of FORT WORTH found
that the project would serve a public purpose and would serve the public welfare of the
citizens of Tarrant County. That agreement has expired. This Interlocal Agreement
(the "Agreement's will complete the transportation project as defined herein.
The parties make the following findings of fact:
1. This Agreement is made pursuant to Chapter 791 of the Texas
Government Code;
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 FORT WORTH each has the legal authority to perform
its obligations in this agreement; and
5. The division of costs provided in this agreement constitutes adequate
consideration to each party.
I.
PROJECT DESCRIPTION
This project is for the reconstruction and widening of Norwood Drive, from State
Highway 10 southward to Trinity Boulevard, as a minor arterial (M3U) as described in
FORT WORTH's 2009 Street Development Standards, including improvements to the
intersections of State Highway 10 with Norwood Drive and Trinity Boulevard with
Norwood Drive (the "PROJECT').
II.
SCOPE OF SERVICES PROVIDED BY FORT WORTH
The services to be provided by FORT WORTH shall include, but are not limited
Gillnry if
Interlocal Agreement Transportation Bond 2006-2007 � Page 1
annually until final completion of the PROJECT.
V.
AGENCY-INDEPENDENT CONTRACTOR
Neither COUNTY nor any employee thereof is an agent of FORT WORTH, and
neither FORT WORTH 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.
FORT WORTH agrees that COUNTY will have no right to control the manner or
means of construction of the PROJECT.
VI.
ASSIGNMENT
Neither party may assign, in whole nor in part, any interest they have in this
Agreement without the prior written consent of the other party.
VII.
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.
VIII.
AUDIT OF RECORDS
FORT WORTH'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.
IX.
ENTIRE AGREEMENT
This Agreement represents the entire understanding of and between the parties
and superseded all prior representations. 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.
Interlocal Agreement Transportation Bond 2006-2007 Page 3
TARRANT COUNTY
STATE OF TEXAS CITY
County Judge Jesus J. Chapa
Assistant City Manager
City of Fort Worth
APPROVAL RECOMMENDED:
Commissioner, Precinct 1
Ik Douglas,. . Wiersig, P.E.
Commissioner, Precinct 3 Director
Transportation and Public W
City of Fort Worth f OR
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City of ort Worth
APPROVED AS TO FORM AND LEGALITY
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Douglas Black, Assistant City Attorney
City of Fort Worth
Allan Weegar, City Manavr
City of Hurst
.-
City Attorne-(Z�
iZtt�ornevy, City ol Hurst
.................
(f."OFFICIAL RECORn
SECRETARY
FT. INORTHY 11"X
Interlocal Agreement Transportation Bond 2006-2007 Page 5
ATTACHMENT A
PROJECT Information
City: City of Fort Worth
Project Name: Norwood Drive reconstruction
Proposed PROJECT Schedule
Start Date Duration(mo) End Date
Design: - - -
ROW Acquisition: - - -
Utility Relocation: - - -
Construction: Mar-2015 8 Nov-2015
* COUNTY payments by completed phase are contingent upon the COUNTY'S
reasonable determination that the work regarding the PROJECT for which payment is
expected is successfully completed, as determined by the COUNTY. COUNTY plans
to issue debt for all phases of this PROJECT, therefore payment remains contingent on
debt issuance in accordance with applicable law.
Once Construction commences, COUNTY payment shall be made by fiscal quarter
prorated over the life of the construction but contingent upon reasonable progress in
construction as may be determined by the COUNTY.
Proposed County Payment by Phase
Design: $
ROW Acquisition: $
Utility Relocation: $
Construction: $628,434.40
County Funding
Total: $628,434.40
Proposed County Payment by Calendar Quarter(SUBJECT TO CHANGE)
1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
2007 $ $ $ $
2008 $ $ $ $
2009 $ $ $ $
2010 $ $ $ $
2011 $ $ $ $
2012 $ $ $ $
2013 $ $ $ $
2014 $ $ $ $
2015 $ $ $ $628,434.40
2016 $ $ $ $
Interlocal Agreement Transportation Bond 2006-2007 Page 7
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/2912015 -Ordinance No.,21908-09-2015
DATE: Tuesday, September 29, 2015 REFERENCE NO.: **C-27479
LOG NAME: 201LA NORWOOD DRIVE--TARRANT COUNTY
SUBJECT:
Authorize Execution of an Interlocal Agreement with Tarrant County in the Amount of$628,434.40 to
Provide Additional Funding in the Amount of$183,434.40 Over the Previously Appropriated Funding for the
Reconstruction of Norwood Drive Between Trinity Boulevard and State Highway 10 and Adopt
Appropriation Ordinance (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Interlocal Agreement with Tarrant County in the amount of$628,434.40
for the reconstruction of Norwood Drive between Trinity Boulevard and State Highway 10; and
2. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the
Transportation and Public Works Community Facilities Agreement Fund in the amount of$230,296.30
($183,434.40 from additional anticipated receipts from Tarrant County and $46,861.90 from additional
anticipated receipts from Bell Helicopter Textron, Inc.).
DISCUSSION:
Staff recommends that the City enter into a new Interlocal Agreement with Tarrant County which will
provide County funds in the amount of$628,434.40 toward the Norwood Drive reconstruction costs.
On February 11, 2014, (M&C C-26664) the City Council authorized the execution of an Interlocal
Agreement (ILA) (City Secretary Contract No. 45784)with Tarrant County in the amount of$445,000.00
and which contemplated Tarrant County providing additional in-kind services for a total value of
$700,000.00 for the reconstruction of Norwood Drive between Trinity Boulevard and State Highway 10
(Project) via an Enhanced Community Facilities Agreement (ECFA) with Bell Helicopter Textron, Inc. (Bell
Helicopter) (M&C C-26027), as part of Bell Helicopter's expansion of its main headquarters (M&C C-
25367). Bell Helicopter will reimburse the City for rights-of-way including Staff time estimated to be
$300,235.57 of which to date $253,373.67 has been received. Transportation and Public Works
Department will be responsible for collecting the remaining amount of$46,861.90.
During the course of the Project's design, many construction elements and funding sources were
evaluated culminating in a revised ECFA with Bell Helicopter(M&C C-27187 which summarizes the
changes). As the ILA with Tarrant County has a duration of one year, it has since expired and a revised
ILA with Tarrant County is necessary which is the subject of this M&C. This ILA increases the original ILA
in the amount of$183,434.40 for a total revised amount of$628,434.40.
This ILA with Tarrant County removes the County's obligation to perform work (the previously
contemplated in-kind services) and instead, Tarrant County will contribute funding for the same. As a
result, Tarrant County is increasing its cash contribution for this project by the amount of$183,434.40 for a
Loaname: 20ILA NORWOOD DRIVE--TARRANT COUNTY Page 1 of 3
total contribution of$628,434.40. The overall City budget for the project has not changed; the City's total
budget for the project is $2,395,000.00.
;Pro ect Bud g e
� t t jCity Participation_jTarrant County_ Bell Helicopter
Construction _ P _
i Y ry� $ 2,395,000=00( $ 628,434.40r $ 0.001W $3,023,434.40
!Right-of-Way
625.75r---=$ 5_8,625.75
;Project $ 0.001 $ 0.001 $241,609.82F $ 242,609.82
;'Management
?/Inspection
_
,Total Budget 434.40
_ _ $2,395,000.00 $628, ( $300,235.57 $3,323,669.97
Construction began April 2015 and will be completed November 2015.
This project will have a $2,000.00 impact on Transportation and Public Work's operating budget per year.
This project is located in COUNCIL DISTRICT 5, Mapsco 53X and 67B.
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 TPW CFA Fund.
11 Fund ,Total !Pending (Remaining
(Appropriation Encumbrances/ Balance
_Expenditures
Tarrant County/Bell Helicopter I $ 928,669.97 $ 809,149.51 $ 119,520.46
JECFA Funds (C295) j $1,000,000.00mW u q $1,000.000.00
_ _ _ _- _._ 0.00
(Transportation Impact Fees � $1,395,000.00 $1,395,000.00 $ 0.00
I(C206)
,Total` - F$3,323,669.97F $3,204,149.51FY $119,520.46
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
2) C205 451970 205760218083 $183.434.40 1) C205 541200 2057602180083 $628,434.40
2) C205 541200 205760218083 $230,296.30
2) C205 488100 250760218083 $46,861.90
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Douglas W. Wiersig (7801)
Pat Buckley (2443)
Additional Information Contact: David Jodray (2891)
ATTACHMENTS
Logname: 20ILA NORWOOD DRIVE--TARRANT COUNTY Page 2 of 3
1. 201LA NORWOOD DRIVE'"FAR RANT C—,'OU til"Y ('205 A01 5R,docx (Public)
_"........... .................._,_ _,' ...... _---------� __'_ .........
2. ILA Norwood - 2015.pLlf (CFWlnternal)
3. ___.........----------
_p
__No r'vvoo'd Dri'v-e.f,.l (Public)
4. (CFWlnternal)
Logname: 201LA NORWOOD DRIVE--TARRANT COUNTY D- 1 _V1
Location N
Norwood Drive W E
City r j c Number 02180 s
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Copyright 2015 City of Fort Worth.Unauthorized reproduction is a violation of applicable laws.
This product is for information purposes and may not have been prepared for or be suitable for legal,engineering,
or surveying purposes.It does not represent an on-the-ground survey and represents only the approximate relative f
location of property boundaries.The City of Fort Worth assumes no responsibility for the accuracy of Bald data.