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
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OFFICIAL RECORD U�
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CITY SECRETARY e
FT.WORTH,TX
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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