HomeMy WebLinkAboutContract 49331 CITY SECRUAR)r C
CONTRACT NO.
STATE OF TEXAS §
§ Interlocal Agreement
COUNTY OF TARRANT §
This Interlocal Agreement ("AGREEMENT") is entered into between Tarrant
County, Texas, ("COUNTY"), and The City of Fort Worth, ("CITY"), collectively referred
to as the PARTIES, for the purpose of funding a transportation project within the
boundaries of both parties which the Commissioners Court of the COUNTY and the
governing body of the CITY find serves a public purpose and serves the public welfare
of the citizens of Tarrant County and of the City of Fort Worth.
The COUNTY and the CITY make the following findings of fact-
1.
act: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 the CITY 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 road improvement project will construct an extension of Trail Drive from University
Drive to West Lancaster Avenue ("PROJECT"). The PROJECT is consistent with the
approved alignment on the CITY's current Master Thoroughfare Plan.
Attachment A provides overview maps and projected costs for the PROJECT.
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. All costs associated with said PROJECT including for design, acquisition
of right of way, utility relocation and adjustment, planning, engineering,
Interlocal Agreement Trail Drive Extension — University Drive to Lancaster Ave. Page 1
surveying, construction and governmental approval costs;
B. Construction agreement administration, site review, and permitting;
C. Interagency cooperation;
D. A monthly progress report documenting the percent complete for each
major component of the PROJECT shall be provided to the COUNTY,-
E.
OUNTY;E. CITY will notify the COUNTY on 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.
SCOPE OF SERVICES PROVIDED BY COUNTY
The services to be provided by the COUNTY shall include, but are not limited to,
the following:
A. Construction costs associated with the PROJECT as described in section
V of this AGREEMENT.
B. Interagency cooperation.
IV.
TERM
This AGREEMENT shall become effective upon the approval of both parties and
shall expire on September 30, 2019, unless extended by formal action of both parties.
V.
COST
COUNTY agrees to fund the actual construction costs of the PROJECT up to the
amount of $2,800,000.00 by reimbursing CITY. Payment to CITY shall be in accordance
with Attachment B which is attached hereto and hereby made a part of this
AGREEMENT for all purposes. In the event that the PROJECT 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 Trail Drive from West Lancaster
Interlocal Agreement Trail Drive Extension— University Drive to Lancaster Ave. Page 2
Avenue to Crestline Road, within the actual PROJECT limits.
VI.
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.
COUNTY understands and agrees that COUNTY will have no right to control the
manner or means of construction of the PROJECT.
VI1.
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.
VIII.
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.
IX.
AUDIT OF RECORDS
CITY'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.
X.
ENTIRE AGREEMENT
This AGREEMENT represents the entire understanding of and between the
parties and supersedes all prior representations as to the PROJECT. 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.
XI.
NO WAIVER
Interlocal Agreement Trail Drive Extension — University Drive to Lancaster Ave. Page 3
Nothing in the performance of this Agreement shall impose any liability for claims
against 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.
XII.
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, addressed as follows:
COUNTY: CITY:
County Administrator City Manager
Re: Trail Drive Interlocal Agreement Re: Trail Drive 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 , 20 , by
Tarrant County. Effective as of the last date subscribed by a gnatory hereto.
Commissioners Court Order No.
TARRANT COUNTY
STATE OF TEXAS CITY
NAME Jesus J. Chapa
County Judge Assistant City Manager
Date: J to I ;)on Date: �� 1
Interlocal Agreement Trail Drive Extension — University Drive to Lancaster Ave. Page 4
CERTIFICATION OF AVAILABLE FUNDS IN THE AMOUNT OF
$__2,800,000
County Auditor's Office
APP E AS TO F R
Wt
Cri inal di&rict Attorn�y's O ice*
u1i 11 ,�-Wl RECOMMENDED BY-
*By laws the Criminal District
Attorney's Office may only approve ` r
contracts for its clients. We reviewed L ci, Lj
this document as to form from our Douglas Wiersig, P.E.,
client's legal perspective. Other Director, Transportation And Public
parties may not rely on this approval. Works
Instead those parties should seek
contract review from independent �T ST:
counsel.
FORTS
ary J. Kayser
City Secretary
* * APPROVED AS TO FORM:
•ACAS
Assistant City Attorney
1 AM
A
'f!
0
OFFICIAL RECORD
CITY SECRETARY
FT,WORTH,TX
N6
Interlocal Agreement Trail Drive Extension — University Drive to Lancaster Ave. Page 5
II I 1
.� I
Tlot
r'
PROPDSCD�^a+��lW�
I�
Lf
JW9 $
i
K F
I .
I#
& � �y '. __ N auao rtr ur unrtn ,•, come uouoo.o c.,at
rRTq '���WAy FORT WOa ra17- TRAIL DRIVE EXTENSION
T.W:8173M.1 121 ss°°a' '"8173°•1121- •'17=5.7437 CONCEPTUAL PLAN
FIRM REG6fRA710N 1OW81 W
ATTACHMENT A
Maps
Projected Costs
Interlocal Agreement Transportation Bond 2006-2007 Page 6
CFW-TRAIL DRIVE EXTErNISION-0rorr�.\. 5/4/2017
IVJI V V
DUNAWAY
PROBABLE CONSTRUCTION COST SUMMARY FOR TRAIL DRIVE EXTENSION
5/4/2017
DESCRIPTION AMOUNT
Trail Drive & Van Zandt Roadway Improvements $ 4,777,824.31
Phase I & 24" Waterline $ 328,792.50
IIA 36" Waterline $ 316,072.50
12'x10'X70' RCB $ 181,700.00
Phase IIB ITrinity Park Landscaping and Van Zandt Parking $ 1,240,991.11
Roadway Total $ 5,604,389.31
Roadway and Park Totall.$ 6,845,380.42
25% Contingency+Mobilization Included in Total Amounts
Phase I&IIA-Trail Drive Extension Including turn lane widening and Van Zandt Roadway
Demolition from ROW to ROW including Armory and PARD building demo
Mill and overlay Lancaster from University to Foch Bridge
Trail Drive&Van Zandt Roadway
Signalization
Sidewalks
Storm improvements including 12'x10'x70'RCB
Landscaping,Hardscaping&Irrigation
Lighting
6",24",&36"Water Lines
FWISD bollards,low pipe rail fence and sliding gates
Phase IIB-Construction of Park Land Improvements
Demolition of PARD foundations and parking areas
Landscaping,Hardscaping&Irrigation
Sidewalks and walking trails
Van Zandt Parking area and lighting
ATTACHMENT B
Project Information
City: City of Fort Worth
Project Name: Trail Drive from University Drive to Lancaster Avenue
Proposed Project Schedule
Start Date Duration (mo) End Date
Design: December 2016 6 May 2017
ROW Acquisition: N/A N/A
Utility Relocation: N/A N/A
Construction: October 2017 12 September 2019
County agrees to fund the actual construction costs of the PROJECT up to the
amount of $2,800,000 by reimbursing CITY for work completed. COUNTY's
payments to CITY will be made in the form of reimbursements of costs paid by
CITY for the PROJECT and 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 funding disbursement schedule 30 days in advance in accordance with
Section XII of this AGREEMENT.
Interlocal Agreement Transportation Bond 2006-2007 Page 7
Trail Drive Extension Interlocal Agreement
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.
Leon Wilson, Jr., P.E.
PVJC*W�� '� wN vwve
Title
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDAqR-` ' ��
COUNCIL ACTION: Approved on 5/16/2017 -Ordinance No. 22729-05-2017 & Resolution No.
4783-05-2017
DATE: 5/16/2017 REFERENCE NO.: C-28245 LOG NAME: 20TRAIL DRIVE
EXTENSION
CODE: C TYPE: NOW PUBLIC CONSENT HEARING:
NO
SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County in an Amount Not to
Exceed $2,800,000.00 for Construction of the Trail Drive Extension Project, Authorize
Execution of a Design Procurement Agreement With the Bass Foundation, LLC, in an
Amount Not to Exceed $1,255,000.00 for the Design of Trail Drive from University Drive
to Lancaster Avenue, Adopt Resolution in Support of Future Funding of the Trail Drive
Extension Project and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Interlocal Agreement with Tarrant County in an amount not to
exceed $2,800,000.00 for Construction of the Trail Drive Extension Project;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Intergovernmental Contribution Fund, Trail Drive Extension Project, in the amount of
$2,800,000.00;
3. Authorize the reallocation of appropriations and receipts from the General Capital Projects Fund,
Facilities Renovation and Expansion Programmable Project, to the Trail Drive Extension Project in
the amount of$1,382,552.00
4. Authorize the execution of a Design Procurement Agreement with the Bass Foundation, LLC, in
an amount not to exceed $1,255,000.00 for the design of Trail Drive from Lancaster to University
Drive (City Project No. 100742).
DISCUSSION:
The City Council has been previously briefed on the development of the Trail Drive Extension Project
and the partnership between the City of Fort Worth, Tarrant County, the Fort Worth Independent
School District (FWISD) and the Bass Foundation, LLC, in Informal Reports No. 9722 and No. 9832.
FWISD has dedicated 60 feet of right-of-way along the corridor(M&C L-18567), its contribution to the
project is estimated at$1,742,000.00.
The Bass Foundation agreed to advance the design of the project under the terms of a Design
Procurement Agreement. This Agreement contemplates the City's reimbursement of the Bass
Foundation in an amount not to exceed $1,255,000.00 from revenues to be received from the sale of
350 Belknap. The reimbursement would be limited to design expenses incurred by the Bass
Foundation until the contract oversight is transferred to the City, at which point the City would pay any
remaining costs directly from these funds. Staff considers this amount to be fair and reasonable for
the scope of design services proposed to be performed. Upon reimbursement, it is the intent of the
Bass Foundation to invest a portion of these funds in improved trails, parking and landscaping around
the Van Zandt Cottage.
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=2413 I&councildate=5/16/2017 7/26/2017
M&C Review Page 2 of 3
Staff from Tarrant County and the City have agreed to terms in an Interlocal Agreement that will
provide for reimbursement by the County of up to $2,800,000.00 in construction costs in support of
the project. The County approved their funding commitment on May 9, 2016.
The total project budget estimate is $7.575M with a total construction cost of$6,000,000.00 including
$5,607,552.00 as the estimate of probable cost plus $350,000.00 in staff related project
management, inspection and materials testing. The City's participation will be supported through the
sale of$3,000,000.00 in tax notes as presented to the City Council on April 12, 2017.
A separate but necessary project to enable the construction of the new road segment is the
demolition and relocation of the current Parks and Recreation maintenance functions operating at
the Crestline facility. This relocation will result in improved visibility and access to the historic Van
Zandt Cottage and increased functional parkland in Trinity Park of approximately 9 acres. The
estimated cost of this relocation is $10 million and will replace obsolete facilities. Although this
relocation would occur in the near future, the overall improvement of maintenance facilities for Parks
and Recreation at James Avenue is proposed as a second phase at an estimated cost of$9 million in
the 2018 bond project. It is anticipated that existing facilities will be demolished as early as October
2017 to make way for the new road. Existing staff and equipment will be temporarily relocated to
other City property while the new facility is built.
An M&C authorizing the sale of the tax notes for these projects is included as a separate action item
on this City Council agenda.
Design of the Trail Drive Extension project is scheduled for completion by Summer of 2017.
Construction is expected to begin in February 2018 and conclude by Fall of 2018.
The table below lists the planned expenditures and revenues:
Project Components Cost Revenue
Design Procurement $1,225,000.00 $ 0.00
Agreement
Construction $5,607,552.00 $ 0.00
Project Delivery Support $ 350,000.00 $ 0.00
Tarrant County Funding $ 0.00 $2,800,000.00
City Pay-Go-Funding $ 0.00 $1,382,552.00
Anticipated City Tax 3,000,000.00
Notes
TOTAL 1 $7,182,552.00 $7,182,552.00
This project is located in COUNCIL DISTRICT 9.
This contract will be with a governmental entity, state agency or public institution of higher education:
Tarrant County.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the General Capital Projects Fund and
upon approval of the above recommendations and adoption of the attached appropriation ordinance,
funds will be available in the Intergovernmental Contribution Fund.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24131&councildate=5/16/2017 7/26/2017
M&C Review Page 3 of 3
TO 7.
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: Jay Chapa (5804)
Originating Department Head: Douglas Wiersig (7801)
Additional Information Contact:
Martin Phillips (8447)
Bryan Beck(7909)
ATTACHMENTS
1295 - Bass Foundation.pdf
17-0104 Trail Drive Extension Conceptual Plan-Roadway-CFW.pdf
17-0126 CFW- Trail Dr. Extension Phased OPCC.pdf
17-0201 Trail Drive Extension - Phase I - Design Schedule.pdf
20TRAIL DRIVE EXTENSION A017r.docx
RESOLUTION TRAIL DRIVE EXTENSION(3.08.17).doc
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=2413 1&councildate=5/16/2017 7/26/2017