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HomeMy WebLinkAboutContract 49528 • e RECEIVED AUG 2017 TSS § CITY SECRETARY § Interlocal Agreement CONTRACT NO. CO NT § This agreement is entered into between Tarrant County, Texas, hereinafter referred to as COUNTY, and the City of Fort Worth, hereinafter referred to as CITY, and collectively referred to as the parties, for the purpose of funding a transportation project within the boundaries of both parties which the Commissioners Court and the governing body of the CITY find serves a public purpose and the public welfare of the citizens of Tarrant County. The COUNTY and the CITY 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 serves a public purpose; 4. The COUNTY and the CITY each have 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. 6. Both parties acknowledge they are each a "governmental entity" and not a "business entity" as those terms are defined in Tex. Gov't. Code sect. 2252.908, and therefore, no disclosure of interested parties is required. I. PROJECT DESCRIPTION This project will extend Everman Parkway as a four lane divided thoroughfare from the existing four lane section just east of Sheridan Road approximately 1,600 feet westward to Cameron Hill Point. 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. Total project cost summary including all construction cost, project schedule, right of way acquisition, planning, engineering,-surveying and governmental approval cost OFFICIAL RECORD Interlocal Agreement Transportation Bond 2006-2007 CITY SECRETARY Page 1 FT. WORTH,TX (collectively referred to as "Costs'); B. Construction agreement administration, site review, permitting and inspection; C. Interagency cooperation; D. A monthly progress report documenting the percentage completed for each major component of the project shall be provided to the COUNTY to be submitted by the 5t' day of each month ; E. CITY will notify the COUNTY upon 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 and the Tarrant County Commissioners Court through the 2006 Tarrant County Bond Program" III. TERM This agreement shall become effective upon the approval of both parties and shall expire on September 30, 2018, unless extended by formal action of both parties. IV. COST COUNTY agrees to fund the actual construction costs of the Project up to the amount of $500,000 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. Attachment A incorporated into this agreement by reference sets forth the funding schedule for this reimbursement. In the event that the schedule is delayed, 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 Parties understand that the funding contained herein is projected to only be sufficient for the construction of Everman Parkway from just east of Sheridan Road approximately 1,600 feet westward to Cameron Hill Point., within the actual Project limits. Interlocal Agreement Transportation Bond 2006-2007 Page 2 V. 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. CITY agrees that the 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 it may 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 CITY's records regarding this 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. X. NO WAIVER Nothing in the performance of this Agreement shall impose any liability for claims against Interlocal Agreement Transportation Bond 2006-2007 Page 3 the COUNTY or CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. This Agreement may not be interpreted to waive the sovereign or governmental immunity of any party to this Agreement to the extent such party enjoys immunity under Texas law. XI. 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, address as follows: COUNTY: CITY: County Administrator City Manager Re: Everman Parkway Interlocal Agreement Re: Everman Parkway Interlocal Agreement Tarrant County City of Fort Worth 100 E Weatherford St 200 Texas Street Fort Worth, Texas 76196 Fort Worth, Texas 76102 APPROVED on this day the day of 1AW 20 I� , by Tarrant County. Commissioners Court Order No. TARRANT COUNTY STATE OF TEXAS Ci'i" County Judge f'�� i�Df<1 Jesus Chapa Assistant City Manager Commiss oner, Precinct 1 ',A�y �► �aU �'� ��PM PM r co OFFICIAL RECORD U� ` °D O CITY SECRETARY e FT.WORTH,TX � wn Wa Interlocal Agreement Transportation Bond 2006-2007 Page 4 CERTIFICATION OFA VAILABLE FUNDS IN THE AMOUNT OF$ 6 a o a o a Auditor's Office **Project funded through Precinct 1 Discretionary Bond Funds APPROVED AS TO FORM; APPROVED AS TO FORM AND CONTENT: Criminal Di rict Attorney's O e* City Attorney J";Al 11 , ?ol ey *By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this 1 document as to form from our client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contractt: review from independent counsel. Wald P. Gonzales,Asst. Secretary O FRT O U: it•• OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Interlocal Agreement Transportation Bond 2006-2007 Page 5 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name of Employee Title ❑ This form is N/A as No City Funds are associated with this Contract tZON LOW Printed Name Signature ATTACHMENT A Proiect Information City: City of Fort Worth Project Name: Everman Parkway Extension Proposed Proiect Schedule Start Date Duration(mo) End Date Design: - - - ROW Acquisition:. - - - Utility Relocation: - - - Construction: Jun-2017 4 Sep-2017 * COUNTY agrees to fund the actual construction costs of the Project up to the amount of$500,000 by reimbursing City for work completed. COUNTY'S payments to CITY for the Project are contingent upon the CITY's and COUNTY'S reasonable determination that the work for which reimbursement is expected is successfully completed. COUNTY retains control over the COUNTY funding disbursement schedule identified herein. COUNTY agrees to notify CITY of any changes to the disbursement schedule 30 days in advance in accordance with Section XI of this Agreement. Proposed County Payment by Phase Design: $ ROW Acquisition: $ Utility Relocation: $ Construction: $500,000 County Funding Total: $500,000 Proposed County Payment by Calendar Quarter(SUBJECT TO CHANGE) 1St Quarter 2nd Quarter 3rd Quarter 4th Quarter 2012 $ $ $ $ 2013 $ $ $ $ 2014 $ $ $ $ 2015 $ $ $ $ 2016 $ $ $ $ 2017 $ $ $500,000 $ 2018 $ $ $ $ 2019 $ $ $ $ 2020 $ $ $ $ 2021 $ $ $ $ Interlocal Agreement Transportation Bond 2006-2007 Page 6 M&C Review Page 1 of 2 Official site. CITY COUNCIL AGENDA FOR COUNCIL ACTION: Approved on 5/9/2017-Ordinance No. 22709-05-2017 REFERENCE ** 06EVERMAN PKWY-ILA AND DATE: 5/9/2017 NO.: C-28224 LOG NAME: CFA WITH CITY PARTICIPATION CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County in the Amount of $500,000.00,Authorize Execution of a Community Facilities Agreement with Fort Worth Everman/Risinger Development, LLC, in the Amount of$812,620.00 for the Construction of West Everman Parkway from Cameron Hill Point to Sheridan Road,with City Participation in an Amount Not to Exceed $500,000.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an Interlocal Agreement with Tarrant County to accept$500,000.00 for the construction of Everman Parkway between Cameron Hill Point and Sheridan Road; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Southland Business Park CFA Project of the Intergovernmental Contribution Fund in the amount of $500,000.00; and 3. Authorize the execution of a Community Facilities Agreement with Fort Worth Everman/Risinger Development, LLC, in the amount of$812,620.00 for the construction of West Everman Parkway from Cameron Hill Point to Sheridan Road,with City participation in an amount not to exceed $500,000.00. DISCUSSION: This Mayor and Council Communication authorizes the execution of a Community Facilities Agreement (CFA)with Fort Worth Everman/Risinger Development, LLC, the developer of Southland Business Park Block 1, Lot 1 (Developer)which is generally located at the southeast corner of Everman Parkway and Cameron Hill Point. The project includes the construction of the southern lanes of Everman Parkway from their existing terminus just east of Sheridan Road for approximately 1,600 feet to the west to Cameron Hill Point. Of that section of Everman Parkway, only 300 feet is along the frontage of the lot currently being platted and developed. The remaining 1,300 feet fronts an undeveloped parcel owned by BEW Development, LLC (BEW). The Developer is not required to construct the 1,300 feet fronting BEW's parcel as a condition of development for Southland Business Park but has coordinated with the BEW to dedicate the right-of-way necessary for that portion of Everman Parkway.The Developer has also coordinated with Tarrant County for the County to provide$500,000.00 of construction funding for that portion of Everman Parkway. The Developer will publicly bid and provide initial funding for the roadway construction while the City will use the County funds to reimburse the Developer up to$500,000.00 for the construction. Project Expenditures: Item Developer Cost City Cost Total Cost Estimated Construction Costs $171,587.00 $500,000.00 r $671,587.00 Material Testing and Inspection Fees $40,295.00 0 $40,295.00 r http://apps.cfwnet.org/council_packet/mc review.asp?ID=24597&councildate=5/9/2017 8/23/2017 M&C Review Page 2 of 2 15 Percent Contingency $100,738.00 0 $100,738.00 Total Project Cost $312,620.00 $500,000.00 $812,620.00 In accordance with Section (V)(1)(C)(4)(E)of the CFA Policy,the Director of Transportation and Public Works has determined that the Developer will not be required to construct the remaining portions of West Everman Parkway from Cameron Hill Point west to the MK&T Railroad tracks (Phase 2). The City will administratively execute a development agreement with the Developer and Hickman Family Limited Partnership for the future construction of Phase 2 of Everman Parkway.The development agreement will require dedication of the right-of-way for Phase 2 of Everman Parkway as well as right-of-way located to the west of the MK&T Railroad tracks.The development agreement will further provide that a final plat for Southland Business Park Addition, Block 1, Lots 2, 3, 4, 5 or 6 shall not be approved by the City until a CFA is executed with the City for the construction of Phase 2 of Everman Parkway. This development is located COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and receipt of funds from the County, appropriations will be available in the current capital budget, as appropriated,of the Intergovernmental Contribution Fund. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Fernando Costa (6122) Originatinq Department Head: Randle Harwood (6101) Additional Information Contact: DJ Harrell (8032) Julie Westerman (2677) ATTACHMENTS 06EVERMAN PKWY - ILA AND CFA WITH CITY PARTICIPATION 39008 A017.docx Form 1295 for MC.pdf MC Map for Southland Business Park ILA and CFA (5).pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=24597&councildate=5/9/2017 8/23/2017