Loading...
HomeMy WebLinkAboutContract 45368STAYS o F TEXAS § COUNTY OF II'ARRANT § Interlocal Agreement r CARY. -) ceNTRACT 11\110v t_ /5. ) This agreement is entered into between Tarrant County, Texas, hereinafter referred to as COUNTY, and City of Fort Worth, hereinafter referred to as CITY, and collectively referred to as the parties, for the purpose of funding a needed 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 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 constitute adequate consideration to each party. I. PROJECT DESCRIPTION This project will reconstruct South Main from Vickery Boulevard to Magnolia Avenue to a two-lane cross-section with left turn lanes and on -street parallel parking. 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 as -built total project costs including all construction cost, right of way acquisition, planning, engineering, surveying and governmental approval cost (collectively referred to as "Costs'); Interlocal Agreement Transportation Bond 2006-2007 RECEIVER JAN 23 2014 RECEIVED FEB 20 7014 OFFICIAL RECORD ChneRETARY ;T01NARTH, TX B. Construction agreement administration, 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. CITY will notify the COUNTY on completion of the project. 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 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. IV. COST COUNTY agrees to reimburse CITY up to $740,000 of its Costs for eligible expenses. Attachment A incorporated into this agreement by reference sets forth the funding schedule for this reimbursement. However, in the event that the schedule is delayed, the COUNTY is excused from paying until the successful completion of the scheduled phase of the project as reasonably determined by the COUNTY. The CITY will provide certification signed by the CFO or authorized official that the work has been completed and that the funds being requested have been expended. CITY understands that CITY will be responsible for any other expenses incurred by CITY in performing the services under this agreement. 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. Interlocal Agreement Transportation Bond 2006-2007 Page 2 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. SCHEDULING CITY agrees that the COUNTY retains control over the COUNTY funding disbursement schedule identified in Attachment A. COUNTY agrees to notify CITY 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. Interlocal Aareement Transportation Bond 2006-2007 Page 3 XL TERMINATION Until funded by the COUNTY as described in Paragraph TV this agreement may be terminated by either party by providing written notice to the other party at least thirty (30) days 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: COUNTY: County Administrator Tarrant County 100 E Weatherford St Fort Worth, Texas 76196 APPROVED on this day the Tarrant County. TARRANT COUNTY STATE r F TEXAS County Judge Commissioner, Precinct 1 /1 lh day of CITY: City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 khzu41244 20) ` , by Commissioners Court Order No. 1/7093 CITY 57,094442‘Q___ Signature F Interlocal Agreement Transuortation Bond 200( -2 Q7 . } , a "' iror NJ 1 j CERTIFICATIONl� OF AVAILABLE FUNDS IN THE AMOUNT OF 373 oct Certification of Funds Available as follows: 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 5 $370,000 1tt All future nears funding is contingent on future debt issuance and renewal of this contract Fiscal year ending September 30, 2015 Fiscal year ending September 30, 2016 Auditor's Office $370,000 ** Funding will be provided by Precinct 1 discretionary bond funds. A PPRO VE®AS TO FOR $74Q,QQQ** APPROVED AS TO FORK AND CONT Disilift Att orriey's Office* City Attorney iwfC + L, 4 16 : se li‘-(3 *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 Aareement Transportation Bond 2006-2007 Page 5 ATTACHMENT A Protect Information City: City of Fort Worth Project Name: Reconstruction of South Main Street Proposed Proiect Schedule X Design• ROW Acquisition: Utility Relocation: Start Date Mon Duration (mo) End Date * AIM Construction: Mar-2014 20 Nov-2015 COUNTY payments by completed phase are contingent upon the COUNTY'S reasonable determination that the work regarding the project phase 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: $740,000 County Funding Total: $740,000 Proposed County Payment by Calendar Ouarter (SUBJECT TO CHANGE) 1st Quarter 2007 $ 2008 $ 2009 $ 2010 $ 2011 $ 2012 $ 2013 $ 2014 $ 2015 $ 2016 $ 2nd Quarter 3rd Quarter $370,000 4th Quarter $370,000 Interlocal Aareement Transportation Bond 2006-2007 Page 6 M&C Review I Page 1 of 3 Official site of the City of Fort Worth, Texas FORT WORTI I COUNCIL ACTION: Approved on 11/12/2013 - Ordinance Nos. 21036-11-2013 & 21037-11-2013 and Resolution No. 4263-11-2013 DATE: 11/12/2013 NOFERENCE C-26562 LOG NAME: • CODE: SUBJECT: C TYPE NON- PUBLIC CONSENT HEARING: 06SOUTH MAIN UV S USTAINABLE DEV P ROJECT MOU FUNDING AGREEMENT N O Authorize Execution of a Memorandum of Understanding with the North Central Texas Council of Governments, the Texas Department of Transportation, Tarrant County, and Fort Worth South, Inc., for the South Main Urban Village Sustainable Development Project, Adopt Resolution Authonzing Execution of a Funding Agreement with the North Central Texas Council of Governments and the Texas Department of Transportation for the South Main Urban Village Sustainable Development Project, Accept Sustainable Development Grant from the North Central Texas Council of Governments and the Texas Department of Transportation in the Amount of $3,000,000.00, Authorize Execution of an Interlocal Agreement with Tarrant County for and Acceptance of a $740,000.00 Contribution to the Project, Authorize Acceptance in the Amount of $2,750 000 00 from Tax Increment Financing District No. 4 and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 8 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of the attached Memorandum of Understanding with the North Central Texas Council of Governments, the Texas Department of Transportation, Tarrant County, and Fort Worth South, Inc., for the design and construction of the South Main Urban Village Sustainable Development Project to be constructed between Vickery Boulevard and Magnolia Avenue; 2. Adopt the attached Resolution authorizing the execution of a funding Agreement with the North Central Texas Council of Governments and the Texas Department of Transportation in the amount of $3,750,000.00, which includes a required local match contribution of $750,000.00 from Tax Increment Financing District No. 4 for the South Main Urban Village Sustainable Development Project; 3. Authorize acceptance of a $750,000.00 local match contribution from Tax Increment Financing District No. 4 and authorize acceptance of an additional contribution to the South Main Urban Village Sustainable Development Project from Tax Increment Financing District No. 4 in an amount up to $2,000,000.00; 4. Authorize acceptance of a reimbursement grant in the amount of $3 000 000.00 from the North Central Texas Council of Governments and the Texas Department of Transportation to the Grants Fund, contingent upon execution of the funding Agreement; 5. Authorize execution of an Interlocal Agreement with Tarrant County for a $740,000.00 contribution to the South Main Urban Village Sustainable Development Project and authorize acceptance of the $740,000.00 contribution, contingent upon execution of the Interlocal Agreement; 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Capital Projects Fund in the amount of $3,750,000 00, contingent upon execution of the funding Agreement, and 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $2,740,000.00, contingent upon http://apps.cfwnet org/council_packet/mc review.asp?ID=18887&councildate=11/12/2013 2/20/2014 M&C Review Page 2 of 3 execution of the Interlocal Agreement with Tarrant County. rt DISCUSSION: The attached Memorandum of Understanding (MOU) with the North Central Texas Council of Governments (NCTCOG), the Texas Department of Transportation (TxDOT), Tarrant County, and Fort Worth South, Inc , summarizes the roles and financial contributions of each of the project partners in the South Main Urban Village Sustainable Development Project, which is a component of a larger South Main Street retrofit and reconstruction project that will reconstruct South Main Street and implement other improvements as described in the MOU. The project leverages funding from the Fort Worth Water Department NCTCOG, Tarrant County, and Tax Increment Financing District No. 4 (TIF No. 4) to deliver a context sensitive street design that will facilitate redevelopment and revitalization of the South Main Urban Village. The South Main Urban Village Sustainable Development Project will construct streetscape improvements along South Main Street within the South Main Urban Village Streetscape improvements to be constructed include wide sidewalks, street trees, pedestrian lighting bulb -outs to protect crossing pedestrians and on -street parking, and other pedestrian facility improvements within the South Main corridor from Vickery Boulevard to Magnolia Avenue. The project was nominated for grant award (M&C G-16700) as part of the 2009/2010 NCTCOG Sustainable Development call for projects and was subsequently selected by the Regional Transportation Council to receive a grant of $3,000,000.00. The attached Resolution authorizes a funding Agreement with NCTCOG and TxDOT in the amount of $3,750,000.00, which includes $3,000 000.00 in Regional Toll Revenue grant funds and $750,000.00 in local match funds from TIF No. 4. The larger street reconstruction and retrofit project includes roadway storm drainage, streetscape, and water and sewer infrastructure improvements within the South Main Street right-of-way from Vickery Boulevard to Magnolia Avenue. The full reconstruction is made possible by combining $3,000,000.00 in NCTCOG Sustainable Development Program grant funds $2 750,000.00 in TIF No. 4 funds $1,905,000.00 in Water Department construction funds and $740,000.00 in Tarrant County funds. The Infrastructure and Transportation Committee (ITC) was briefed on the project scope, schedule and budget in February by Staff and Fort Worth South, Inc. (presentation attached). The ITC supported moving forward with this project. This project is located in COUNCIL DISTRICTS 8 and 9, Mapsco 77E and 77J. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, execution of the Funding Agreement with NCTCOG and TxDOT, execution of the Interlocal Agreement with Tarrant County, and adoption of the appropriation ordinances, funds will be available in the current budget, as appropriated, of the Grant Capital Projects Fund and the Specially Funded Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 4&6) GR74 451409 006302597000 3&6) GR74 488087 006302597000 3&7) C291 488087 069770211300 5&7) C291 451970 069770211300 $3.000,000.00 $750.000.00 $2.000.000.00 $740.000.00 $2,750.000.00 GS87 539120 002704097000 http://apps.cfwnet org/council_packet/mc review.asp7ID=18887&councildate=11/12/2013 2/20/2014 M&C Review Submitted for Citv Manager's Office bv: Fernando Costa (6122) Originating Deoartment Head: Randle Harwood (6101) Additional Information Contact: Eric Fladager (8011) ATTACHMENTS 06 South Main Sustainable Development Proiect Resolution.doc S outh Main ITC Presentation 2-12-13.pdf S outh Main MOU ndf S outh Main SD Proiect Appropriations Ordinance GCPF(Rev10.13.31).doc S outh Main SD Proiect Appropriations Ordinance SFCPF (Rev10.31.13).doc Page 3 of 3 http://apps.cfwnet.org/council packet/mc review.asp7ID=18887&councildate-11/12/2013 2/20/2014