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Home My WebLink AboutContract 45368 'C'ITY SECRETARY CONTRACT STATE OF'TEXAS In erlocal Aghast ent COUNTY OF TAR This agreement is entered into between Tarrant County, Texas, hereinafter referred to as COUNTY,Y, and City of Fort ''worth, hereinafter referred to as CI', and collectively referred to as the parties, for the purpose of funding a nee transportation project within the boundaries of heath 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 CITE" make the following findings of fact: 1. This agreement is made pursuant to Chapter 791 of the Texas Government Cede; 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 trans e�rtatien projects 4. The COUNTY' and the CITY each hay the legal authorrit r to erform its obligations in this agreements and The division of costs provided in this agreement constitute adequate consideration to each party. PROJECT DESCRIPTION. This project will reconstruct South Main from Vickery Boulevard to Magnolia Avenue to a two-lane cross-section with left turn lanes and on-street parallel parking. L' SCOPE OF SERVICES PROVIDED BY CITY The services to he provided by the CITY shall include, but are not limited to, the following A. All as-built total project costs including all construction cost, right of way acquisition, planning, engineering, surveying and governmental approval cost collectively referred to as `Costs" ; Interlocal reement Trans ortoi on nd 2006:2007 C11TV916RETARY RECEIVED JAN 2 3 2014 IT,WORTH,TX RECEIVED FEB 2 7014 Construction agreement adm,inistration, site review, permitting and inspeiction; C. Interagency cooperation; D. A monthly progress report documenting the percent complete for each major component of the project snail be provided to the COUNTY, E. CITY will notify the COUNTY on completion of the project. F., CITY will include the fol'lowing language on all on-site public notice signage0l "This project is funded by the City of Fort Worth, and the Tarrant County Commissioners Court through the 20016 Tarrant County Blond Program" III, TERM This a,greement will conclude with the ending of the current fiscal year unless terminated sooner per, Section XI of' -this agreement. This agreement may be renewed annually until final completion, of the PROJECT. Iva COST COUNTY' agrees to reimburse CITY up to $740,,0010 of its Costs for eligible expenses. Attachment A incorporated into this agreement by reference sets forth the funding schedule for this reimbursement. However, in the event that the schedule is delayed, the COUNTY is excused from playing until the successful compllietion of the scheduled phase of the project as reasonably determined by the COUNTY. The CITY will provide certification signed by the CFO or authorized official that the work has been completed and that the funds being requested have been expended. CITY understands that C'fT-Y will be responsible for any other expenses incurred i by CITY in performing the services, under this agreement. VM AGENCY- DEPIEN DENT 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. Interlocal Ag regimen tlTrans portation Bond 2006-2007 Page 2 CITY agrees that the COUNTY will have no right to control the manner or means of construction of'the project. Vil ASST GNMENT 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. Vila 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 thlird 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. VIM AUDIT OF RECORQS 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. 1X4 ENTIRE AGREEMENT This agreement represents the entire u,nderstariding 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, SCHEDULING ,CITY agrees that the COUNTY reta,ins, 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. Such notification will be in the form of written correspondence delivered by regular mail. Interlocall Agreement"Trans portaitioln o 200:6-2007 Page 3 X11 TERMINATION Until funded by the COUNTY as, described in Paragraph IV this agreement may be terminated by either party by pr viding written notice to the other party at least thirty (30) days prior to the intended date, of termination. Any notice or other writing required by this agreement, shah be deemed given when personally delivered or mailed by certified or registered, United States mail, return-receipt, postage prepaid, addressed as follows: COUNTY: CFFY: County Administrator City Manager Tarrant County City of Fort Worth 100 E Weatherford St 1000 Throckmorton Street Fort Worth, Texas 76196 Fort Worth, Texas 76102 APPROVED on, this day the day of Feb zu q"1 20 1 by Tarrant County, Commissioners Court Order No. //7093 TARRANT COUNTY STATE OF TEXAS CITY A Signature, Coy nty Judge mmm .............. A7Commissio(ler Precinct 1 Vi 4j Mary J. Ka retary 00 0 ' M PP J)4: 0000000000d OFFICIAL RECORD Interlocal Agreement Trgnspo n Bond 200 n)nn7 Pag ID !y SECIRETARY V0 FT. 'WORTH, TX CER �T I BLE FUND5 IN THE AMOUNT O Certiffli cats on of Funds Available as follows: Fiscal year ending September 30, 2007 Fiscal s"c"ar ending ,September 30, 2008 Fiscal year ending September 301, 20Oi9 $ Fiscal year ending September 30, 2010 Fiscal year ending September 30, 2011 $ Fiscal year ending September 30, 2012 Pied' year ending September 30, 2013 Fiscal year ending September 301, 2014 $370,01x10 All future ears fundmin 'con, in gent on future debt issuance and renewal f this contract Fiscal year ending September 301, 2015 fiscal year ending September 30, 2016 $370,000 74 , x Auditor's Office Funding will e� w vided by Precinct I discretionaly bond funds. A P R0 VET TO FOR A P R0 VED A S' TO FORM A ND COOT 4- ` "or Disttrct Attu 's Office* City Attorney law, the District Attorney's Office may Daly approve contracts, for its clients. We reviewed this document from our client's legal perspective. Other parties may not rely on this approval. Instead, those parties should seek e Farr t review frorn independent coun,sel. ; nter oca reenientt Trans t rta.Uon Woad 2006-2007 Page 5 ATT ACHMEENT A Project Information City.- City offort Worth Project Naine.- Reconstruction of South Main Street :Pro used P Lo ,ject Schedule Start Date Duration (Mo' End, Date Design.- ROW Acquisition*, 'Utility,Relocation-. - Construction: Mar-2014 20 N' -2015 COUNTY payments, by completed phase are contingent upon the COUNTY'S reasonable detem.i.ination that the work regarding-the project phase for which payn ent is expected is successfblly coni.pleted, 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 corm Fences COtJNJ`Y'payment shall be made by .fiscal quarter prorated over the life of'the constrLICti0ii but contingent upon reasonable progress in construction as may be deten-nined by the COUNTY. PMpos,ed Coup!y Pa inert by Phase Design: $ ROW Acquisition-. $ Utility Relocation-. $ Construction*. $7401000 County 'Funding Total: $740100 Pr2posed Coon q Pa meet bN Calendar Ouafter(SUBJECT TO CHANGIFni I Quarter 2`1 Quarter 3rd Quarter 0 Quarter 2007 $ $ $ $ 2008 $ $ $ $ 2009 $ $ $ $ 2010 $ $ $ $ 2011 $ $ $ $ 2012 $ 2013 $ 2014 $ $370poi $ 2015 $ $ $3701010 2016 $ $ $ Interloc:al Agr ement,T:rgnspori at�ion Bond 2006-2007 Page 6 M&C Review Page I of 3 Off i,cial,site o the City of Fort Worth, Texas CITY LAP�OUNCIL AGEND'A FoRT WORM COUNCIL ACTION: Approved, on 11/12/2013 - Ordinance Nos. 21036-11-2013, & 21037-11-2013 and Resollution No. 4263-11-2013 06SOUlTH MAIN UV DATE: 11/12/2013 REFERENCE C-265162 LOG, NAME: SUSTAINABLE DEV NO.: PROJECT MOU FUNDING AGREEMENT CODE I-0 C TYPE.- NON- PUBLIC NO CONSENT HEARING,- SUBJECT: Authorize Execution of a Memorandum of Understanding with the North Central Texas Council of Governments, the Texas Department of Transportation, Tarrant, County, and Fort Worth South, lino., for the South Main Urban Village Sustainable Development Project, Adopt Resolution Authorizing Execution of a Funding, Agreement with the North Central Texas Council of Governments and the Texas Department of Transportation for the South Main Urban Village Sustainable Development Project, Accept Sustainable Development Grant from the North Central Texas Council of Governments and the Texas Department of Transportation in the Amount of$3,000,000.00, Authorize Execution of an Interlioical Agreement with Tarrant County for,and Acceptance of a $740,000.00 Contribution to the Project, Authorize Acceptance in the Amount of $2,750,0001.00 from Tax Increment Financing District No. 4 and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 8 and 9) RECOMMENDATION: It is recommended that the City Council 1. Authorize execution of the attached Memorandurn of Understanding with the North Central Texas Council of Governments, the Texas Department of Transportation, Tarrant County, and Fort Worth, South, Inc., for the design and constructions of the South Main Urban Village Sustainable Development Project to be constructed between Vickery Boulevard and Magnolia venue-, ,2. Adopt the attached Resolution authorizing, the execution of a funding Agreement with the North Central Texas Council of Governments and the Texas Department of Transportation in the amount of $3,750,,000.00, which includes a reqluired local match contribution of$750,000.00 from Tax Increment Financing District No. 4 for the South Main Urban Village Sustainable Development Project; 3. Authorize, acceptance of a $750,000.00 local, match contribution from Tax Increment Financing District No. 4 ands authorize acceptance of an additional contribution to the South Main Urban Village S,ustaiiinia,blie Development Project from Tax Increment Financing District No. 4 in an amount up to $2)0001000.00; 4,. Authorize acceptance, of a reimbursement girant in the amount of$3,000,0001.00 from the North Central Texas Council of Governments and the Texas Department of Transportation to the Grants Fund, contingent upon execution of the funding Agreement; 5. Authorize execution of an Interlocal Agreement with Tarrain,t County for a $740,,000.00 contribution to the South Main Urban; Village Sustainable Development Project and authorize acceptance of the $74011000.00 contribution, cont,ingent u,pon execution of the Interlocal Agreement; 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Capital Projects Fund in the amount of$317501000.001 contingent upon execution of the funding Agreement- and P 7. Adopt the attached appropriation, ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of$2,740,000.00, contingent upon http-.//ap:ps.cfwnet.org/counc*l V — 14 1 _packet/rnc_revie'w.asp'?ID—1,8 8 8 7&counci1date=I 1/12/2 013 2/2 0/2 0� M&C Review Page 2 olf 3 execution of the Interlocal Agreement with Tarrant County. DISCUSSION: The attached Memorandum of Understanding (MOU) w,ith the North Central Texas Council of Governments (NICTCOG), the Texas, Department of Transportation xDOT), "arrant County, and Fort Worth South, Inc., summarizes, the roles, and financial contributions of each of the project partners in the South Main Urban village Sustainable Development Project, which is a, component of a larger South Main Street retrofit and reconstruction project that will reconstruct South Main Street and implement other improvements as described in the MOU. The project leverages funding from the Fort worth Water Department, NCTCOG, Tarrant County, and Tax Increment Financing District No. 4 JIF No. 4) to deliver a context sensitive street design that will facilitate redevelopment and revitalization of the South Main Urban Village. The South Main Urban Village Sustainable Development Project will construct streetsca,pe improvements along South Main Street within the South Main Urban Village. Street,scape improvements to be constructed include wide sidewalks, street trees, pedestrian lighting, bulb-outs to protect crossing pedestrians and on-street parking, and other pedestrian facility ir*nprovements within the South Main corridor from Vickery Boulevard to Magnolia Avenue. The project was nominated for grant awaird (M&C G-16700) as part of the 2009/2010 NCTCOG Sustainable Development call for projects and was subsequently selected by the Reg!ioinal Transportation Council to receive a grant of $310001000.00. The attached Resolution authorizes a funding Agreement with NCTCOG and Tx µT in the amount of $3,750,000.010, whilc,h includes $3,000,000.00 in Regional, Toll Revenue grant funds and $750,000.00 in local match, funds from TIF No. 4. The larger street, reconstruction and retrofit project includes roadway, storm drainage, s,treetscaple, and water and sewer infrastructure improvements within the South Main Street right-of-way from 'Vickery Boulevard to Magnolia Avenue. The fulil reconstruction is made possible by combining $,3,000,000.00 in NCT'COG Sustainable Development Program grant funds, $12,7510,0001.0O in TIF No. 4 funds, $1,905,000.00 in Water Department construction funds and $,7'40,000.00 in Tarrant County funds. The Infrastructure and Transportation Committee (ITC), was briefed on the project, scope,1 schedule and budget in February by Staff and Fort Worth, South, Inc. (presentation attached),. The ITC, supported moving forward with this project. This project is located, in COUNCIL DISTRICTS 8 and 9, Mapsco 77E and 77J. FISCAL INFORMATION/CIER11"IFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, execution of the Funding Agreement with NCTCOG, and T'xDOT, execution of the Inter'local Agreement with Tarrant County, and adoption of the appropriation, ordinances, funds will be available in the current budget, as appropriated, of the Grant Capital Projects Fund and the Specially Funded Capital Projects Fund. TO Fund,/Account/Centers FROM Fuindi/Account/C,enters $3,000,000-00 21 $2,750,000-00 GR7'4 451409 006302597000 GS 87 539120 0102704097000 GR74 488087 0063025,97000 $750,000..00 C291 4 087 0169770211300 $2_1Q00,000.00 0291 4519701 06917701211300 �740,0100,00 .......... ....... ..................,""""............ ................ http,-/'/a ps.cfwnet.org/counc*1 iewas,p 2/20/2014 P 1 _packet/mc—rev" ?1D=18887&councHdate=1 1/12/2013 M&('." Review Page 3 of 3, Subm"Itted for CI*!y_Mangy ger's Office by: Fernando Costa (6122) Qr,lgina tiro g Department Head-, Randle Harwood (6101) Addit"lonall Informether Contact.-. Eric Fladager (8011) 1111-1111-1--............. ........"'....... .......... ....... ATTACHMENTS O6, South Main Sustainable Develop ent Pr ct Resot ution.doc South, Main, ITC Prese.ntation 2-12-13 South Main, MO South Main SD Pr,oje-ct Appr�,op rat ions Ordinance GCPE(Revl 0.13. 1 . c South Main SD -Prolect Appropriations Ordinance SFCPF (Revl O.,31,.13).,doc http-,//apps.cfwnet.org/counc'l 2/20/2014 1_packet/mc_review.asp9.ID=18 8 87&councildate—I 1/12/2 013