Loading...
HomeMy WebLinkAboutContract 54621 CSC No.54621 INTERLOCAL AGREEMENT BETWEEN THE CITY OF RIVER OAKS, TEXAS AND THE CITY OF FORT WORTH, TEXAS STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is by and between the CITY OF RIVER OAKS, a Texas home-rule municipality with its principle office at 4900 River Oaks Boulevard, River Oaks, Texas 76114, ("River Oaks"), and the CITY OF FORT WORTH, a Texas home-rule municipality, with its principal office at 200 Texas Street, Fort Worth, Texas 76102 ("Fort Worth"). WITNESSETH: WHEREAS, the Texas Legislature has authorized the execution of Interlocal Cooperation Agreements between and among governmental entities pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended; and WHEREAS, each governing body, in performing governmental functions or in funding the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both parties, that the undertaking will benefit the public and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, Meandering Road is a thoroughfare within the City of River Oaks running generally east-west between Roberts Cut Off Road in River Oaks and LT JG Barnett Road at Gillham Road in Fort Worth and continuing westward in Fort Worth; and WHEREAS, the City of Fort Worth and the Joint Reserve Base ("JRB") at the Naval Air Station Fort Worth ("NASFW'), with the support of River Oaks, have secured funding for, and Fort Worth has entered into an Advance Funding Agreement with the Texas Department of Transportation (FW City Secretary No. 48133, as amended or supplemented; TXDOT CSJ 0902- 90-046, 0902-90-172,) ("AFA"), improvements to Meandering Road and other subsidiary roads described below as the Project Location to better facilitate movement to the JRB as well as for improved access to points beyond the JRB for citizens and visitors of both Fort Worth and River Oaks; and WHEREAS, the project's geographic limits are from the intersection of Roberts Cut-Off and Meandering Road in River Oaks to the entrance gate of the Joint Reserve Base ("JRB") at the Naval Air Station Fort Worth ("NASFW'), inclusive of the 5-point intersection where Meandering Road, LT JG Barnett Road, Brocks Lane and Gillham Road convene ("Project Location"); and WHEREAS, Gillham Road, running north-south, is the boundary between Fort Worth and River Oaks; and WHEREAS, Fort Worth will design and construct improvements to the roads within the Project Location, specifically to reconstruct Meandering Road from 4 to 3 lanes, realign the intersection of Meandering Road at Roberts Cut Off, intersection improvements at Yale Street OFFICIAL RECORD City of Fort Worth-City of River Oaks ILA Meandering Road CITY SECRETARY C:\Users\mgregory\Desktop\CC 092220\INTERLOCAL AGREEMENT—River Oaks Meandering Road.FINAL.docx FT.WORTH, TX and Meandering Road, intersection improvements at the 5-point intersection at the boundary of Fort Worth and River Oaks, add sidewalks, bike lanes and side paths within the Project Location limits; and WHEREAS, Meandering Road is located within River Oaks and River Oaks desires for Fort Worth, pursuant to the AFA, to design and construct those portions of Meandering Road within the River Oaks city limits as further described herein and as depicted on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, River Oaks will be responsible for acquiring the necessary right-of-way within River Oaks, with funding from the Project provided by Fort Worth, as depicted on Exhibit "B" attached hereto and incorporated herein; NOW, THEREFORE, in consideration of the above recitals and the premises and agreements, covenants and promises herein set forth, it is agreed as follows: Section 1. RIVER OAKS A. River Oaks hereby grants Fort Worth the right to design and construct improvements to the roads within the Project Location, specifically to reconstruct Meandering Road from 4 to 3 lanes, realign the intersection of Meandering Road at Roberts Cut Off, intersection improvements at Yale Street and Meandering Road, intersection improvements at the 5-point intersection at the boundary of Fort Worth and River Oaks, add sidewalks, bike lanes and side paths within the Project Location limits, as shown on Exhibits A and B; B. River Oaks hereby grants to Fort Worth the rights of ingress and egress as is reasonably necessary to design and construct the project; C. River Oaks will use all reasonable efforts to acquire the necessary right-of-way needed for the project that is located within River Oaks by the milestone deadline of August 1, 2021, including by eminent domain if necessary, while also following the requirements of the AFA so that the costs of acquisition will be reimbursable under that agreement. River Oaks will follow all requirements of the TxDOT Real Estate Acquisition Guide for Local Public Agencies necessary for the costs of acquisition to be reimbursable under the AFA; and D. River Oaks shall maintain all on-street striping and infrastructure, including signals and streetlights, within River Oaks after the expiration of any warranties or other maintenance obligations provided to Fort Worth by its contractor. Section 2. FORT WORTH A. Fort Worth will provide design documents depicting right-of-way located in River Oaks to be acquired, including a property survey and a metes-and-bounds legal description for the right-of-way, to River Oaks no later than December 31, 2020; B. Fort Worth will reimburse River Oaks for 100% of its costs for the acquisition of right-of-way located in River Oaks. River Oaks shall submit invoices to Fort Worth on a monthly basis for any expenses incurred related to the project, showing the amount of the expenses and a percentage of completion for River Oak's acquisition of the necessary right-of-way. Fort Worth shall make payment to River City of Fort Worth-City of River Oaks ILA Meandering Road Page 2 of 5 C:\Users\mgregory\Desktop\CC 092220\INTERLOCAL AGREEMENT—River Oaks Meandering Road.FINAL.docx Oaks for invoices submitted within 45 days of receipt of an invoice for reimbursement. River Oaks will provide all necessary accounting and invoices requested by Fort Worth so that Fort Worth can obtain reimbursement from TXDOT; C. Fort Worth will ensure that its contractor constructs the project according to the plans and specifications; D. Fort Worth shall obtain or cause to be obtained, all material, labor and equipment necessary for the construction of the project; E. Fort Worth shall arrange for all materials testing and inspection for the project. Nothing herein shall prohibit or prevent River Oaks from performing its own inspection or review of materials testing; and F. Fort Worth shall coordinate with River Oaks concerning construction timing and completion of the project. Section 3. TERMS OF AGREEMENT A. OWNERSHIP. Upon completion of the project and final acceptance by River Oaks, the portion of the project within River Oaks'jurisdictional boundaries shall become a part of River Oaks' street system for public use. B. TERM. This Agreement shall be effective upon full execution hereof, as described below, and shall continue in force and effect for so long as the AFA is in effect and for such additional warranty period as may be provided by contractors for Fort Worth. C. NOTICES. All notices or communications provided for herein shall be delivered to River Oaks and Fort Worth or, if mailed, shall be sent to River Oaks and Fort Worth at their respective addresses. For the purposes of notice, the addresses of the parties, until changed by written notice, are as set forth in the recitals, with Notice to be directed to: RIVER OAKS: Attention: Marvin Gregory, City Manager 4900 River Oaks Blvd. River Oaks, Texas, 76114 FORT WORTH: Attention: William Johnson Director, Transportation and Public Works Department 200 Texas Street Fort Worth, Texas 76102 D. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to waive, any privilege, immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. E. SEVERABILITY. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants or conditions of this Agreement are for any reason City of Fort Worth-City of River Oaks ILA Meandering Road Page 3 of 5 C:\UsersVngregory\Desktop\CC 092220\INTERLOCAL AGREEMENT—River Oaks Meandering Road.FINAL.docx held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions in this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. F. GOVERNING LAW. The validity of the Agreement and of any of its terms or provisions, as well as the rights and duties hereunder, shall be governed by the laws of the State of Texas. G. PLACE OF PERFORMANCE. All actions to be taken or amounts due under this Agreement shall be performed in Tarrant County, Texas. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in Tarrant County, Texas. H. ENTIRE AGREEMENT. This Agreement contains all the terms, commitments and covenants of the parties. Any verbal or written commitment not contained in this Agreement or expressly referred to in this Agreement and incorporated by reference shall have no force or effect. I. CURRENT REVENUES. The parties hereto shall make any payments called for hereunder only from current revenues legally available to each party. J. MULTIPLE COUNTERPARTS. This Agreement may be executed in multiple counterparts which, when taken together, constitute the entire Agreement. IN WITNESS WHEREOF, the signatories below, each acting under authority of their respective governing bodies, have caused this Agreement to be duly executed to be effective as of the date subscribed by the signatory last executing this Agreement. CITY OF FORT WORTH CITY OF RIVER OAKS 11549418cu^aA46E _ By: Dana Burghdoff( 2,20 3:15CDT) By: t 1 Dana Burghdoff b444�on 7 Marvin regory Assistant City Manager �p0F F00%4; d City Manager v 0 0 09 dd OU 2 2020 0.(-o 'o d Date: ono o=a te: o. o�a,�000 00 0*� ATTEST: -A °a�nEXASoa ATT By: rRonaldP.Gonzales(Oct 2,202013:2 T) L-ZBy: Mary J. Kayser J Paula Luck City Secretary City Secretary (CITY'S SEAL) (AUTHORITY'S _SE?,��`"�ptiver d'',.,,, Recommended By: = k Seal.: William Johnson, Director '''•,,,,` atellloft�e�•��`�� Transportation and Public Works Department OFFICIAL RECORD City of Fort Worth-City of River Oaks ILA Meandering Road CITY SECRETARY C:\Users\nngregory\Desktop\CC 092220\INTERLOCAL AGREEMENT—River Oaks Meandering Road.FINAL.docx FT.WORTH, TX 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. Derek A. whftPhD,PC Derek A.white,PhD,PE(Sep 28,202012:52 CDT) Name: Derek A. White, PhD, PE Title: Senior Project Manager Approved as to Form and Legality Approved as to Form and Legality D Black(Oct 2,2020.12:58 CDC (iV\/�-- Douglas W Black Betsy Elam Sr. Assistant City Attorney City Attor ey, iver aks M&C: 20-0722 Date: 09-22-2020 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX City of Fort Worth-City of River Oaks ILA Meandering Road Page 5 of 5 C:\Users\mgregory\Desktop\CC 092220\INTERLOCAL AGREEMENT—River Oaks Meandering Road.FINAL.docx MAYOR & COUNCIL COMMUNICATION MAP 'l.�µ hn� �• �'Ar���rf� f y' '� ::.�. ,�''4'1����'��•���a1. � �,����`L�J�. �. "`at -.xis e....�I141�v��,.,, L i� .r�•+fSq;1�•,r+.�T'�a,` �7 1„ �Fq'�" �L,,{� �'. i 2`�,,FI wbJ� r "�'!.. '�� - " r� ._.�.���� ��0-,}. .+..+A,�\ _}K1�A1�v ♦ +J � � � � •T�'}, y� �,�. � L '^�� .,�,�,•��r�.'Y ��.'� �� M� �, '� `-�� r �•; � ye.,5"'�.,,�'- ;�� et y ,�+�'�2�',`� �Hy<�t'�+e�'���"3-,�i�t��,.�, � 7. r.., ,ti 1.���+��, t. Is y* A�i ����1t .�•r=`� t'`EEpt�1•. cJ`� °t``� S�'3`,,,y"} '�%y�,�nta +4��i �.� v�+�r� i4k °�• 4,�y'�, �g .+?•,E., -.c'�+��d1 �'fi. ��i� Y �s 'r,'��� $��ic���}r d},�. Ir,'-'�'''��i'+ �.}� lj`e.Ir`�Y°� ..�i4 4 � f S} ,� ��,� ,•.�,� �n�; �{+-,�t�tjy�� 'r"�`�" / �Y,->*.�``p'��,•; l{{t[�,-.. 1�w" `� �~. T ky�';�{��t � ;:yt-r"�� ,!'$ 'il�.�� -,yy'}�,J �'��L�+ �,i},n5,'��.•'r'.Jj j' .��' �,F•�• 4��+j7�fir���"`' l.'�'7lif ry��. ��-✓"'�.. <"�fiY lf,����3 r i-+'n'�!7 '�dr� ,bfrti-� (",�..f E::r.�'�#�i+�r' n'"�`� +�•�,, 'ri �x�-•S"�St�i�,e^�.�-�' :�' �, �`+"v\� r ��a-� 'i .�1•,.•r , •of 'S! R irs .,,pbo r1r�yaLrc} ?.�'CjAlat`i�,"l�s' S,•1 3�M~,T ,'Y tT ,C Y�'YY�+'S.. li L, rt-1 } ^Yl� ."._�t.y '� 'b, 'y ��j Jr L. 's`' +� t .�y �,r�.4 t ^ Nr '4 j �rrti".' `'"�i�E ,+Yv G,! S,�i •. 7 .;��+ 4. �ya•r}��f`v,� :..i �•��`YY►� ��Irr� 13 R= i. .y. ., �•' ir�."... t^*1.4R.`,'�!�-'�ti,,T/,.,� � � IJ5 r A.L FI`/ s.,� - M.7S ���,e�.++y j- '! �„ ..i•t '� �.1� .r.�.1` $`.A.t� IF..` '� � �? } �'i {{05�+1� `•+!r> \-�••.!.�j .. y h' FNit711�,�ct�, t '� � x• `�� k �rr '`- f! `��r . .-J '� �� d�Mzar 'y�1'1�."f +r-�"6E !'w •:.:i'I.,,,�v� �i wC,,�_!. �`�.. �� �.. .'��` y, �r,t,: .1 v _� �g'ra�� jt:r, ••'�t��`•.r.tt��Lt^+T�'� JJta� tt- _�� 'b,� r' �''���.���� K�.�y ,• ^. -.�'•c�sryr -.E ��1 P• •mac.�.sr''e'r"""� ''.. .fit -"S � +�rr'�� +ri ��� �� *C,+� .�`'✓r-�' �"�t' j�^�'h..� �p.�a7�L.Jr',t�l.�f4�� �:I ✓� "�Rwsl. t v`1= .,vim'' �',Clrt�)�1�yi�r�s.-1 K .1. '�^r.' u�l..�r•�w ..I �f+.F.1.-,�s,k.�'�U�.t! - �' r; ����;' �l `.� l� .y �..�y�3+U��It'T��r Gr f�•{ v�1 �'��1�''e'q Sr`S• �-e�.;i<' �s :�re71' .�'�.+�4'�^.I„`�7 Yt^ti'p'4� 1N �'Tt� ;�5: :�:.. `�'�r�_�•1✓ 11"-,•� I'�'�• ,ti�^'"��'r~..ry � gt•�z'�..,�i�"r_ s: .� �L I..�����, �-�y�.• r'��7�far� -s:���,#* 1'rii� � '+Z - r •' , ! :.Yi�„t : 'CY' f;Lt�• 'J ; 11_d. �. F T Jwr ,Y.,+ r 4`•{l -` t '' `�@ _ v {• r' ,, . i u a•1 r * iFz ti }-}r:;�{3w '�" �^ tY, S,f ���—u•,,� �� �jr' t{ �� Jq +A 11 4 '; ..�` � + �.`^ ��• fy��'. � � .1, � y� .��L�' Yw�r••�:.ri-tc���Ir `•. R1�^`-�i+�s <y,�[ y�. (�`"�'{ �F"�f�i� ,,;,^,., 1��i+i"ty �t .y � \/y�. 4 �' �e>f.�i jp .ni „l., a.• !. 4-' •t ►�Ir� �(' _ ri ' `" +Q � 'C +�'�f�+! .� ,`�� .yb� -P� .a J1 4 t71Y.• .TY4 �'�., ��t.� rt,N. .� ` � .� f•' '.4e �: tGAZia—:'�Kft +1 r�L'sC#Fr r"ry:Z� � `4 � � 5�1• J?. �;{ ++•�•� 1T,y• {jd 'ke ' R��� i ;�f�^y�...���......••• P ,� �J�y, Ei•I, ter• ^ ter~ ij,FKt €;r iy;t 'Sr ft bbb �p '�-.may 1 r� �:�'�� It •�yT !" i j• iGyr. '�' �'•�,� yfl'}�"L'I.'.AS�yI ` ��JiN• �FF•r 1l � i C.��- �VVMVMf����1�5 �E.7 A. �r� �r fa4��yircr<�*�tr�a +��'S'�rt.� u 1., .]•.z d" i MS" ?zc aFS'c "' ++-;s` ,i *�. f�s� �. - ��"A j r '� ti L� + t3. 4r: a Lf� llid., ° _= oaf rr�l E � , +ti#<c f� 4, r'- (� j7�t #LiL"`, �y, ! f1 ��1 L'�..:1. �t�+ y' r>-1 r+` rfe•_, r}' Y.v ••r Y +.r'd r �t{t2 a'�t.tLa '\w i1 . ,/'. r�S ���x �. l . I,t,'�cf,�F.- ' J7�r7S�v� rta.#_ III I-•�14$ r.: r t13 L� �K� w�� `��t ,y: I ,� '� � � a'f3+ ! �♦ t�C�ixs+ 7�Rjw���� . : -" 1-•ti•-""'+''"� :�;� �l� `I 1 �+T'tc"� �:`�- •� cis,. ;��,r�3 �r�,Ct�"a.��.•"q x�� � ��,r�+ .t ' t'J f�.._.��5•'i:rJuil�/ f � -.��1 c" `~� .F�+� '`A �r��'?r`-t.Lr�'1"['y,aJ"r� +�'fi, ,�r ��!t"'ci!7iw ,.c. ,��� � _.4 ,'.•�s- `�. .r�r r�. _ .+K�... ..y � n,� '� t +.fj �t t r �� t;; w'F � .r �-yFRj � U -,,{•^"�T 1' •, }�.. �c A� j�` �•^ #Y , '+ g y r 7�f �� rI �s ��-� IL_'� ttttttaiSk S �F,: : '�' •,^r"L Tel � - � �l: t n � N "Y'J�Y tr'.K T1 � " • •ri+l T{�tl A5 �1� �r AT�y.�tyr_ � �,-•�IrJ [�T• ! T "�+ ,� 4{.�f . r {�,,;'r�'�lati �,'' 1 �.t...� " �'�vr. �5 GIs ��II + � t � �.,i-Y} �-' T.- + may.,��,,,,...••.���!!!���''' .�+. � �Y-�!'' �, ...�✓" � t`-� ..'� �� •y v.tf r�v "'•'r �i����+ t-.: �i�b'4.I.�. '•�• 'i ��.y.{a� ie-''�.. _•f }• K+. y �.21�+.v�•'lt--r ,t%,+� }y,:.y, v..:l•..�Ti i'r�u✓!'C' __ ��"•'�S� �...��1�� tYj ir!'`,L��'y�,t�."'i'�1 T^:�I�Ji f��µ�M — �.�.�,1�4 rrt� r J , ..,,t•f r, 1 [ , �pf •r'•^ryCti'19} I f +-9,i3� try .i ��} ry� - �- ,� �J,� �"T �[��'fi,��1i �Xi��'��,l.,,fit. `I�`�'7�^' .;�T�t•�'s�j �I�`4,Y�Cr� ,-r' r_�� ,r?:•• .,''rsrri a<+vly1k:� ,r k•:4ytt`S �iE' �rl 4 �r+'1h}�yrS'�T�'�' r�Jv� Lss 1 14- �'� � �,I���i�1�1 ' "'"Slr �Y r f•..� fC f/ _ f t ti rr•�' r fir. � �.-J.`^' 4 rI T rt" ,.a- 1:. �` 1">l rsJ;c��h'C��'�7R-�M�'Yya_`dr—i:_r�+.. ��y,,,, tii.:it�-�§if.�iliJ-�'�r�.1 � �'P� .•�11�C1 I rf !�•..• 'r1. / •r .,..•, •s , ^Ty',+f ^�•r'M"J '." •'�GC;� +:� t►rrf r. —f�7"•. -0 < fN' � ar !�I + �'h+ rs11 ,•. '`� k y a^ /} ,�,,v:,d;l t fJ�`� .�y1'. � l,T�/ Y��. 4 ,�' �L-fit Nf{`�v���! ,t►'M�, b q. �+i e��••4••, •�A��Y�.'f, rt nl y..�1 sMt. �.'\!..�f�.1�'"1:..?S: .y� �. I�t Ii I•Iy • ,' 14' - 1y tt�- N_1 4�.r�•�Cf rc�►. T111[yy[•��;; �V Y•{ y � +� �1 k �....III�__���'___��' T.I'{ �16 d •. Is. + �.}y 11 � u, W •�„* ,�,1+ a is,�.5'�'Ptt4 � '�{� `� ��=7�i+.J�"�1�"4al 4IrJe'�l}i'r� `''-.�t."�rr..rrJ• �� jr:t i `k�`t+'Lli ti � !'�l' ;11 - \ r ILr+ ���' i� �s .r �'y4'sS�7�„wJ , f}..'Lr�xr, i j �ry ��I��r1 r �j+.t�V 47• i:.% l'''SA a n�',. I£�'"'' 'I :yT,y �4' =�.:•► .r;Sri 0 e ,��I V " Etiq-�'..'�."���* �r'} ate" � '� y. i �+.r.�it+.i I.,,m �. w'"h"����'[ t •RI�`. "ri F w - y!J! b.e ��` �'/" 1`.T � 2 ,•�i14 "tom e.,.Er', .V ,'�°yS�.t 71 •}t � ' e- /fYl •,{. 'fit .'� .4 �F'S.'7/y ..>• +� +!f 'iT?7A`!• yl�r-,l` .. I t �*ti�`ti.�' n�r •...�..t^ `` s �4" ,f.�.,rt: fff""" 1''' l '�'•��,`yh.��'r +�,�%1 ���'��il� Nq� {'"{-, �'.p.t t-�.�f, j � P!J�.✓�' 1, t!{7' .�4�,1 M1�j•�1'fr��.k' '!y `ham+✓\� fi�{ t:�r+s. {r. Fi:�e, jL?f * 5': Uf'fttzAttL � +�lr`_' C`_ n�M ��fQl,.ih1 �Ria —Freeways FORT NV R T H@ h CPN 100873 -- 11+E Meandering Road Project 5 6/9/20 4:43 PM 1: 25,804 Street Reconstruction with 2 Roundabouts This product is for informational purposes and may not have been prepared for or be suitable for legal,engineering,or surveying purposes.The City of Fort Worth assumes no Meandering Road from SH 183 to Anahuac Avenue and responsibility for the accuracy of said data. NCTCOG ORTHOPHOTOGRAPHY LTJG Barnett from Meandering Road to NASJRB east gate 0 0.8 Miles eCOUE COSTOPMCzl 0 l7 E7 H O� I q1 Me4 T �, 0 L f`YeL—STR61]IOR .55 ..E IN FEET s cl Ln 0-Po�`�� _ /—ENI SiIIk P0. vNCP05[9 a0v' ow . -mR- _ _Sates : "e6 'm°nM"'rET++ ;; ' FP3 faJ 1,• An� �I ieE'ilric as`ruaBROCKS LN I� —NND=-7RrNGGD ME. si.nzcF•oAo R OR y m En y r J� BEGIN CO ETIONJ �o ItYALE Sib 610 00 BEGIN c"I'luOiidl C Lr.lc srA.I.•oO INTERIM REVIEW ONLY .C_MT_OMPLEIE: NOI 1NIENOED FOR PERMIT,BIDDI'0 OP[ONSTP1—.. ENGINEER,_EPIC J GREENWH P.E.SEgIAL Mo.�e929N -- D.IE:_�20 mu va,®s�o ns rsn ,Tc%ea Qeponmenf ol7YnruportoNon MEANDERING ROAD ¢whin a GNEEi I Di I LLSE'e_iP$_j rEd _ .Iksssr — 6 MEd L5E 11.1E slgl rwwlr TE%AS DIE.— iAR—T'. SE LSE 0932 �90d 001 'S. 9/28/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTII DATE: 9/22/2020 REFERENCE M&C 20-0722 LOG NAME: 20MEANDERING ROAD AFA NO.: & ILA CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: (CD 7 and City of River Oaks) Authorize Execution of Amendment Number 1 to an Advance Funding Agreement with the Texas Department of Transportation for the Meandering Road - LT JG Barnett Road Project, Adopt a Resolution Authorizing Execution of an Advance Funding Agreement with the Texas Department of Transportation in the Amount of $22,539,828.00 with Federal Participation in the Amount of $18,284,010.00, State Participation in the Amount of $782,855.00, and Local Participation in the amount of $3,472,963.00 Using Transportation Development Credits for the Meandering Road — LT JG Barnett Road Project, Authorize Acceptance of Federal Funds in the Amount of $18,284,010.00 from the Texas Department of Transportation, Authorize Execution of an Interlocal Agreement with the City of River Oaks, Texas for the Meandering Road-LT JG Barnett Road Project in River Oaks and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Amendment Number 1 to the Advance Funding Agreement with the Texas Department of Transportation for the Meandering Road - LT JG Barnett Road project (Control Section Job No. 0902-90-046; City Secretary Contract No. 48133); 2. Adopt the attached Resolution authorizing execution of an Advance Funding Agreement with the Texas Department of Transportation in the amount of $22,539,828.00 with Federal participation in the amount of $18,284,010.00, State participation in the amount of $782,855.00, and Local participation in the amount of $3,472,963.00 through the use of available Transportation Development Credits for the Meandering Road - LT JG Barnett Road project (Control Section Job No. 0902-90-046, 0902-90-172); 3. Authorize the City Manager to accept federal funds in the amount of $18,284,010.00; 4. Adopt the attached appropriation ordinance adjusting appropriation in the Grants Capital Projects Federal Fund by increasing estimated receipts and appropriations in the amount up to $18,284,010.00 for the Meandering Road - LT JG Barnett Road project (City Project No. 100873); and 5. Authorize the execution of an Interlocal Agreement with the City of River Oaks for the design and construction of the Meandering Road - LT JG Barnett Road project in River Oaks. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to terminate (by an amendment) the current Advance Funding Agreement (Control Section Job No. 0902-90-046; City Secretary Contract No. 48133) with the Texas Department of Transportation (TxDOT) due to changes in scope, schedule, and budget. For the final phases of the project (final design, property acquisition, utility relocation, and construction), a new Advance Funding Agreement (AFA) with TxDOT is being authorized as well as adoption of an appropriation ordinance to accept the federal grant funds for engineering, property acquisition, and construction for 0.75 miles of street reconstruction with three roundabouts on Meandering Road from State Highway (SH) 183 to Anahuac Avenue in River Oaks and LT JG Barnett Road from Meandering Road to Naval Air Station Joint Reserve Base (NASJRB) East Gate in Fort Worth. On May 6, 2016, the City Council approved M&C C-27708 to execute the current AFA with TxDOT accepting $1,000,000.00 of federal grant funds for preliminary engineering only. The City Council also approved M&C 19-0182 to appropriate $500,000.00 of local funds to the project. To complete the next phases (final design, property acquisition, utility relocation, and construction), additional federal apps.cfwnet.org/council_packet/mc_review.asp?ID=28291&councildate=9/22/2020 1/4 9/28/2020 M&C Review funding in the amount of$18,284,010.00 is required. TxDOT will absorb the indirect cost for providing statewide support services to this federally funded project in the amount of$782,855.00, which will not be appropriated in our finance system. An 80\% (federal) to 20\% (local) match is required for this AFA. However, Transportation Development Credits (TDCs) in the amount of$3,472,963.00 are being used in lieu of the local match which will not be appropriated in our finance system. Other than utilizing city staff time and efforts, additional local funding is not required for this AFA. The following tables summarizes the funding history, the additional funding requested, and the total costs for the project. Funding History Summary for the Meandering Road Project (City Project No. 100873) Fund Federal State Local Appropriation M&C No.FAmount Grants Captial Projects Federal - $1,000,000.00 - - $1,000,000.00 C-27708 31001 Unappropriated Indirect�+StateF - $60,610.00 - - C-27708 Cost Unappropriated Transportation Development - - $200,000.00 - C-27708 Credits (TDCs) Street 7 r Rehabilitation - F - $500,000.00 $500,000.00 19-0182 i Local - 39408 Subtotal $1,000,000.00 $60,610.00 $700,000.00 $1,500,000.00 Additional Funding Considered in this M&C for the Meandering Road Project (City Project No. 100873) Fund Federal State Local Appropriation Amount Grants Capital F Projects $18,284,010.00 - - $18,284,010.00 Federal - 31001 Unappropriated T Indirect State - $782,855.00 - - Cost _I 1 _ Unappropriated Transportation - - $3,472,963.00 Development - Credits (TDCs) Subtotal $18,284,010.00 $782,855.00 $3,472,963.00 $18,284,010.00 Total Project Costs for the Meandering Road Project (City Project No. 100873) Fund Federal State T Local �F-- a pps.cfwnet.org/cou nci I—Packet/mc—review.as p?I D=28291&counciIdate=9/22/2020 2/4 9/28/2020 M&C Review Grants Capital Projects $19,284,010.00 Federal - 31001 Unappropriated Indirect � State Cost $843,465.00 - Unappropriated F Transportation Development Credits - - $3,672,963.00 (TDCs) Street Rehabilitation Local - 39408 - - $500,000.00 Total Project Cost with all funding sources both appropriated and unappropriated: $24,300,438.00 To complete the construction of this project, Fort Worth and River Oaks have negotiated an Interlocal Agreement (ILA). River Oaks will acquire needed property within its city limits to accommodate the project. Under the ILA, Fort Worth will advance incremental payments (not-to-exceed $600,000.00) to River Oaks as their property acquisition progresses. These payments will be reimbursed to Fort Worth under the new AFA with TxDOT. Since Fort Worth is managing all essential project phases (engineering, utility relocation, and construction) of the project, the ILA will also allow Fort Worth physical access to River Oak's right-of-way to complete design and perform construction of the project. Construction is anticipated to start in January 2022 and finish July 2023. This project is located in COUNCIL DISTRICT 7 and in the City of River Oaks, Mapsco 60Q, 60R, and 61 N. FISCAL INFORMATION/CERTIFICATION: The Director of Finance 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, in the Grants Cap Projects Federal Fund. The Transportation and Public Works Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. This is a reimbursement grant. 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_ Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Monte Hall (8662) Lissette Acevedo (2722) apps.cfwnet.org/council_packet/mc_review.asp?ID=28291&counciIdate=9/22/2020 3/4 9/28/2020 M&C Review ATTACHMENTS 20MEANDERING ROAD AFA& ILA 31001 AO20.docx DOC-100873-20200817-ART MeanderingAFAResolution.docx Meandering Road Project Map rev1.pdf apps.cfwnet.org/council_packet/mc_review.asp?ID=28291&counciIdate=9/22/2020 4/4