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HomeMy WebLinkAboutContract 47274 (2)a E OF TEXAS egg0 C 3' 'MTV OF ARRAN T Interlocal Agreement CITY SBj CONTRACT M.. On July 22, 2014, through Court Order #118090, Tarrant County, Texas, hereinafter referred to as COUNTY, entered into an agreement with the City of Fort Worth, hereinafter referred to as FORT WORTH, for the purpose of funding a needed transportation project within the boundaries of FORT WORTH, the City of Hurst and the COUNTY. The Commissioners Court and the governing body of FORT WORTH found that the project would serve a public purpose and would serve the public welfare of the citizens of Tarrant County. That agreement has expired. This Interlocal Agreement (the "Agreement") will complete the transportation project as defined herein. The parties 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 benefits the public in that it is a needed transportation project; 4. The COUNTY and FORT WORTH 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. In PROJECT DESCRIPTION This project is for the reconstruction and widening of Norwood Drive, from State Highway 10 southward to Trinity Boulevard, as a minor arterial (M3U) as described in FORT WORTH's 2009 Street Development Standards, including improvements to the intersections of State Highway 10 with Norwood Drive and Trinity Boulevard with Norwood Drive (the "PROJECT"). II. SCOPE OF SERVICES PROVIDED BY FORT WORTH The services to be provided by FORT WORTH shall include, but are not limited Interlocal Aareement Transportation Bond 2006-2007 MIL RECORD RECORDI •C;s'';SECRETARY °''^ WORTH, TX Page 1 annually until final completion of the PROJECT. V. AGENCY -INDEPENDENT CONTRACTOR Neither COUNTY nor any employee thereof is an agent of FORT WORTH, and neither FORT WORTH 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. FORT WORTH agrees that 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 they 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 FORT WORTH'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. 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. Interlocal Aareement Transportation Bond 2006-2007 Page 3 TARRANT COUNTY STATE OF TEXAS efi LidA.46. treks; Commissioner, Precinct 1 Commissioner, Precinct 3 CITY Jesus J. Chapa Assistant City Manager City of Fort Worth APPROVAL RECOMMENDED: Douglas . Wiersig, P.E. Director Transportation and Public W City of Fort Worth ATT� =ST° ary Kays - , Cffy Secr City of Fort Worth o © N s voofr t APPROVED AS TO FORM AND LEGALITY Douglas Black, Assistant City Attorney City of Fort Worth Allan Weegar, City Mana City of Hurst 7 City Attorney, City ofHurst OFIcaaL RECORD CITY SECRETARY FT. WORTH, TX Interlocal Agreement Transportation Bond 2006-2007 Page 5 ATTACHMENT A PROJECT Information City: City of Fort Worth Project Name. Norwood Drive reconstruction Proposed PROJECT Schedule Design. ROW Acquisition: Utility Relocation: Start Date MMI Duration (mo) End Date * Construction: Mar-2015 8 Nov-2015 COUNTY payments by completed phase are contingent upon the COUNTY'S reasonable determination that the work regarding the PROJECT for which payment is expected is successfully completed, 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 commences, COUNTY payment shall be made by fiscal quarter prorated over the life of the construction but contingent upon reasonable progress in construction as may be determined by the COUNTY. Proposed County Payment by Phase Design: $ ROW Acquisition: $ Utility Relocation: $ Construction: $628,434.40 County Funding Total: $628,434.40 Proposed County Payment by Calendar Quarter (SUBJECT TO CHANGE) 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 1st Quarter $ $ $ $ $ $ $ $ $ $ 2nd Quarter $ $ $ $ $ $ $ $ $ $ 3rd Quarter $ $ $ $ $ $ $ $ $ $ 4th Quarter $ $ $ $ $ $ $ $ $628,434.40 $ Interlocal Aareement Transportation Bond 2006-2007 Page 7 City of Fort Worth, Texas a or an • ouncil ommunication COUNCIL ACTION: Approved on 9/29/2015 - Ordinance No. 21908-09-2015 DATER Tuesday, September 29, 2015 REFERENCE NO : **C-27479 LOG NAME* 20ILA NORWOOD DRIVE--TARRANT COUNTY SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County in the Amount of $628,434.40 to Provide Additional Funding in the Amount of $183,434.40 Over the Previously Appropriated Funding for the Reconstruction of Norwood Dnve Between Trinity Boulevard and State Highway 10 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an Interlocal Agreement with Tarrant County in the amount of $628,434.40 for the reconstruction of Norwood Drive between Trinity Boulevard and State Highway 10; and 2. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Transportation and Public Works Community Facilities Agreement Fund in the amount of $230,296.30 ($183 434.40 from additional anticipated receipts from Tarrant County and $46,861.90 from additional anticipated receipts from Bell Helicopter Textron, Inc.). DISCUSSION: Staff recommends that the City enter into a new Interlocal Agreement with Tarrant County which will provide County funds in the amount of $628,434 40 toward the Norwood Drive reconstruction costs. On February 11, 2014, (M&C C-26664) the City Council authorized the execution of an Interlocal Agreement (ILA) (City Secretary Contract No. 45784) with Tarrant County in the amount of $445 000.00 and which contemplated Tarrant County providing additional in -kind services for a total value of $700,000.00 for the reconstruction of Norwood Drive between Tnnity Boulevard and State Highway 10 (Project) via an Enhanced Community Facilities Agreement (ECFA) with Bell Helicopter Textron Inc. (Bell Helicopter) (M&C C-26027), as part of Bell Helicopter s expansion of its main headquarters (M&C C- 25367). Bell Helicopter will reimburse the City for rights -of -way including Staff time estimated to be $300,235 57 of which to date $253,373.67 has been received. Transportation and Public Works Department will be responsible for collecting the remaining amount of $46,861.90. During the course of the Project's design, many construction elements and funding sources were evaluated culminating in a revised ECFA with Bell Helicopter (M&C C-27187 which summarizes the changes) As the ILA with Tarrant County has a duration of one year, it has since expired and a revised ILA with Tarrant County is necessary which is the subject of this M&C. This ILA increases the original ILA in the amount of $183 434.40 for a total revised amount of $628,434.40. This ILA with Tarrant County removes the County's obligation to perform work (the previously contemplated in -kind services) and instead, Tarrant County will contribute funding for the same. As a result, Tarrant County is increasing its cash contribution for this project by the amount of $183,434.40 for a Logname. 20ILA NORWOOD DRIVE--TARRANT COUNTY Page 1 of 3 total contribution of $628,434.40. The overall City budget for the project has not changed; the City's total budget for the project is $2,395 000 00. ;Project Budget City Participation Tarrant County Bell Helicopter !Total !Construction $ 2,395,000.00 $ 628,434.40 $ 0.001 $3,023,434.40 1Ri ht-of-Wa $ 0.00 $ 0.00 $ 58,625 751 $ 58,625 75 9 Y Project $ 0.00 $ 0.00 $241,609.82 $ 242,609 82 Management /Inspection Total Budget $2,395,000.00 $628,434.40 $300,235.571 $3,323,669.97 Construction began April 2015 and will be completed November 2015. This project will have a $2,000.00 impact on Transportation and Public Work's operating budget per year. This project is located in COUNCIL DISTRICT 5, Mapsco 53X and 67B. FISCAL INFORMATION / CERTIFICATION. The Financial Management Services Director 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, of the TPW CFA Fund. Fund Total Pending Remaining Appropriation Encumbrances/ Balance Expenditures $ 928,669.97 $ 809,149.51 Tarrant County/Bell Helicopter (C205) ECFA Funds (C295) Transportation Impact Fees (C206) Total FUND CENTERS: TO Fund/Account/Centers 2) C205 451970 205760218083 2)C205 541200 205760218083 2)C205 488100 250760218083 $1,000,000.00 $1,395,000.00 $3,323,669.97 $ 119,520 46 $1, 000.000.00 $ 0.00 $1,395,000.00 $ 0.00 $3,204,149.51 $119,520.46 FROM Fund/Account/Centers $1831434.40 1) C205 541200 2057602180083 $230.296.30 $46.861.90 CERTIFICATIONS: Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS Jay Chapa (5804) Douglas W. Wiersig (7801) Pat Buckley (2443) David Jodray (2891) $628.434.40 Logname: 20ILA NORWOOD DRIVE--TARRANT COUNTY Page 2 of 3 1. MLA NORWOOD DRIVE-TARRANT COUNTY C205 AO15R.docx (Public) 2. ILA Norwood - 2015.odf (CFW Internal) 3. Map Norwood Drive.odf (Public) 4. 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