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
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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
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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
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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
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—Freeways FORT NV R T H@ h
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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.
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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
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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--
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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)
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ATTACHMENTS
20MEANDERING ROAD AFA& ILA 31001 AO20.docx
DOC-100873-20200817-ART MeanderingAFAResolution.docx
Meandering Road Project Map rev1.pdf
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