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HomeMy WebLinkAboutContract 45784 (2)7( WO STAM o F TEXAS COUNTY OF TARRANT § Interlocal Agreement cl =rat ,'• '1 H5q 3 q CVAITINACT This agreement is entered into between Tarrant County, Texas, hereinafter referred to as COUNTY, and the City of Fort Worth, hereinafter referred to as FORT WORTH, and collectively referred to as the parties, for the purpose of funding a needed transportation project within the boundaries of FORT WORTH, the City of Hurst and the COUNTY which the Commissioners Court and the governing body of FORT WORTH find serves a public purpose and serves the public welfare of the citizens of Tarrant County. 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 constitute adequate consideration to each party. En PROJECT DSSC " I `HON OFFICIAL, RECORD CITY SECRETARY i{' l� T This project will reconstruct Norwood Drive (PROJECT) from State Highway 10 southward to Trinity Boulevard as described below. PROJECT Phase 1: Norwood Drive will be reconstructed to a three -lane undivided minor arterial for approximately 1,400 linear feet. The limits of reconstruction are from Trinity Boulevard to approximately 200 feet north of the Trinity Railroad Express at -grade crossing. PROJECT Phase 2: Norwood Drive will be improved with an asphalt overlay from approximately 200 feet north of the Trinity Railroad Express at -grade crossing to State Highway 10. Interlocal Agreement Transportation Bond 2006 =2007 Page 1 flECEIVED JUL 2 8 2tnU RECOVED JUL 02 MR PROJECT — Phase 3: Norwood Drive will be widened to allow for a left turn lane at State Highway 10. The Traffic Signal at State Highway 10 and Norwood Drive will be modified to accommodate the left turn lane. PROJECT — Phase 4: Trinity Boulevard will be widened to add a left turn lane onto Norwood Drive. The Traffic Signal at Trinity Boulevard and Norwood Drive will be modified to accommodate the left turn lane. II. SCOPE OF SERVICES PROVIDED BY CITY The services to be provided by FORT WORTH shall include, but are not limited to, the following: A. All as -built total costs for PROJECT -Phases 1,3 and 4 including all construction cost, right-of-way acquisition, planning, engineering, surveying and governmental approval costs (collectively referred to as "Costs'); B. Construction agreement administration, right-of-way acquisition, site review, permitting and inspection; 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. FORT WORTH will notify the COUNTY on completion of the PROJECT - Phases 1,3 and 4; and F. FORT WORTH 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" Interlocal Aareement Transportation Bond 2006-2007 Page 2 III. TERM This agreement 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. I.V. COST PROJECT — Phases 1, 3 and 4 COUNTY agrees to reimburse FORT WORTH up to $445,000 of eligible costs Attachment A incorporated into this agreement by reference sets forth the funding schedule for these payments. However, in the event that the schedule is delayed, the COUNTY is excused from paying until reasonable progress is made as determined by the COUNTY The CITY will provide certification signed by the CFO or authorized official that the work has been completed and that funds being requested have been expended. This certification will be provided on a quarterly basis in accordance with the schedule shown in Attachment A and will include copies of all invoices for work performed during that quarter. PROJECT — Phase 2 COUNTY agrees to perform all PROJECT — Phase 2 tasks as defined herein. COUNTY costs related to PROJECT — Phase 2 tasks will not exceed $255,000. FORT WORTH understands that FORT WORTH will be responsible for any other expenses incurred in performing the services under this agreement. V. AGENCY -INDEPENDENT CONTRACTOR Neither COUNTY nor any employee thereof is an agent of FORT WORTH and 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 the COUNTY will have no right to control the manner or means of construction of the PROJECT -Phases 1, 3 and 4. VI. ASSIGNMENT Neither party may assign, in whole nor in part, any interest it may have in this Interlocal Aareement Transportation Bond 2006-2007 Page 3 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. VIIL AUDIT OF RECORDS FORT WORTH'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 -Phases 1, 3 and 4. 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. SCHEDULING FORT WORTH agrees that the COUNTY retains control over the COUNTY funding disbursement schedule identified in Attachment A COUNTY agrees to notify FORT WORTH 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 XI. TERMINATION Until funded by the COUNTY as described in Paragraph IV this agreement may be terminated by either party by providing written notice to the other party at least thirty (30) clays prior to the intended date of termination. 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: Interlocal Agreement Transportation Bond 2006-2007 Page 4 COUNTY: County Administrator Tarrant County 100 E Weatherford St Fort Worth, Texas 76196 APPROVED on this day the Tarrant County. TARP AiUvTf COUNTY STATF OF TEXAS -72,71as/ County Judge 4 Commissioner, Precinct 1 Commissioner, Precinct 3 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Interlocal Anreenent Transportation CITY: City Manager City of Fort Worth 1000 Throckmorton St. Fort Worth, Texas 76102 day of , 20 'by Commissioners Court Order No. UMW CITY Fernando Costa Assistant City Manager City of Fort Worth APPROVAL RECOMMENDED: Douglas Director (--0 Wiersig, P.E. Th/ Transportation and Public Works City of Fort Worth S tYOW Mary Kayser, City Secretary City of Fort Worth APPROVED AS TO FORM AND LEGALITY c - 1464 Douglas Black, Assistant City Attorney City of Fort Worth and 2006=12007 Page 5 CERTIFICATI7O0 � OFAVAILABLE FUNDS IN THE AMOUNT OF Certification of Funds Available as f ®ll 11 ® w Fiscal year ending September 30, 2007 $ Fiscal year ending September 30, 2008 $ Fiscal year ending September 30, 2009 $ Fiscal year ending September 30, 2010 $ Fiscal year ending September 30, 2011 $ Fiscal year ending September 30, 2012 $ Fiscal year ending September 30, 2013 $ Fiscal year ending September 30, 2014 $700,000 All future nears funding is continaent on future debt issuance and renewal of this contract Fiscal year ending September 30, 2015 Fiscal year ending September 30, 2016 1 Auditor's Office $700,000** * * Bond funds of $445, 000 will be split equally between Precinct 1 and Precinct 3 discretionary accounts for PROJECT -Phases 1,3 and 4. Bond funds of up to $255,000 will be split equally between Precinct 1 and Precinct 3 discretionary accounts for PROJECT -Phase 2. APPROVED A ' FO District Attor : 's Office* *By law, the District Attorney's Office may only 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 contract review from independent counsel. Interlocal Jiareement Transuortation Bond 2006g-2007 Page 6 ATTACHMENT A PROJECT Information City: City of Fort Worth Project Name: Norwood Drive reconstruction Proposed PROJECT Schedule Start Date Duration (mo) End Date * Design. ROW Acquisition: Utility Relocation: Construction: Nov-2013 11 Oct-2014 * COUNTY payments by completed phase are contingent upon the COUNTY'S reasonable determination that the work regarding the PROJECT -Phases 1 3, 4 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: $700,000 County Funding Total: $700,000* Proposed County Payment by Calendar Ouarter (SUBJECT TO CHANGE) 1st Quarter 2nd Quarter 3rd Quarter 4d' Quarter 2007 $ $ $ $ 2008 $ $ $ $ 2009 $ $ $ $ 2010 $ $ $ $ I 2011 $ $ $ $ 1 2012 $ $ $ $ 2013 $ $ $ $ 2014 $ $445,000 $255,000 $ 2015 $ $ $ $ 2016 $ $ $ $ Bond funds of $445,000 will be split equally between Prct 1 and Prct. 3 discretionary accounts; bond funds of up to $255,000 will be split equally between Prct. 1 and Prct. 3 for PROJECT - Phase 2. Interlocal Agreement Transportation Bond 2006-2007 Page 7 M&C Review Page 1 of 2 ITY OUNCIL '' GENDA Official site of the City of Fort Worth, Texas FORT WORTH COUNCIL ACTION: Approved on 2/11/2014 - Ordinance No. 21120-02-2014 DATE 2/11/2014 REFERENCE NO.: **C-26664 LOG NAME 20ILA NORWOOD DRIVE CODE• C TYPE• CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County in the Amount of $445,000.00 for the County's Contribution to the Reconstruction of Norwood Drive 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 $445,000.00 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 TPW CFA Fund in the amount of $445,000.00. DISCUSSION: On December 18, 2012 (M&C C-26027) the City Council authorized the execution of an Enhanced Community Facilities Agreement with Bell Helicopter Textron Inc. (Bell Helicopter), which referenced a contribution of funds by Tarrant County, for the reconstruction of Norwood Drive between Trinity Boulevard and State Highway 10 as part of Bell Helicopter's expansion of its main headquarters (M&C C-25367). This Mayor and Council Communication presents an Interlocal Agreement in the amount of $445 000.00 in Tarrant County reimbursement funding to the City for the Norwood Drive reconstruction project. Staff recommends that the City enter into an Interlocal Agreement with Tarrant County to provide County reimbursement to the City up to $445 000 00. Tarrant County will also provide $255,000.00 in services for an expenditure of county funds totaling $700,000.00 toward the project. 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. TO Fund/Account/Centers 2) C205 541200 205760218083 $445.000.00 2) C205 451970 205760218083 $445.000.00 FROM Fund/Account/Centers http://apps.cfwnet org/council_packet/mc review.asp?ID=1 94 1 7&councildate=2/1 1 /2014 7/30/2014 M&C Review Page 2 of 2 Submitted for City Manager's Office by: Fernando Costa (6122) Oriainatina Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Jim Walker (8009) Pat Buckley (2443) ATTACHMENTS 20ILA NORWOOD DRIVE C205 A014(Rev1.30.14).docx http://apps.efwnet org/couneil_packet/me_review.asp?ID=1 941 7&couneildate=2/1 1/2014 7/30/2014