HomeMy WebLinkAboutContract 55673���
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COUNTY OF TARRANT
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�ITY SECRETARY
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Funding Interlocal Agreement
for Everman Parkway Reconstruction
This interlocal agreement (ILA) is entered into between Tarrant County, Texas, het•einaftei•
refer•red to as COLTNTY, and the City of Fort Worth, her�einafter referred to as CITY, and
collectively referred to as the parties, for the purpose of providing funding thi•ough the 2006
Tarrant County Tt�ansportation Bond Program to a needed transpoi�tation project within the
boundaries of both parties which the Commissioners Court of the COUNTY and the governing
body of the CITY find serves a public purpose and serves the public welfare of the citizens of
Tarrant County.
The COLTNTY and the CITY make the following findings of fact:
1
2
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4.
This ILA is made pursuant to Chapter• 791 of the Texas Government Code;
To the extent necessaiy the parties will use current revenues to pay obligations in
this ILA;
The project benefits the public in that it is a needed transportation project;
The COLTNTY and the CITY each has the legal authority to perform its obligations
in this ILA;
5. The division of costs provided in this ILA constitute adequate consideration to each
party; and
6. Both parties acicnowledge they are each a"governmental entity" and not a
"business entity" as those tei•ms ar•e defined in Tex. Gov't. Code sect. 2252.908,
and therefore, no disclosure of interested parties is required.
I.
PROJECT DESCRIPTION
This Project, hereinafter referred to as PROJECT, will reconstruct Eveiman Parlcway as an asphalt
four-lane arterial from Oak Grove Road to the Everman City Limits (approximately 600 feet east
of Christopher Drive) comprising of approximately 220,500 square feet.
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. CITY will provide and pay for the total cost of the materials needed and will
Everman Parlcway Reconstruction Fundin� ILA: 2006 Transportation Bond Pro�ram
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pay for trucicing chai•ges.
B. CITY will furnish all rights-of-way and plan specifications. The CITY will also
furnish all engineering drawings, if necessary, which will include required
drainage grades and American with Disabilities Act approved entrances, if
required. The CITY will provide any needed drainage culverts.
C. CITY will furnish necessary tt�affic controls including Type A barricades to
redirect traffic flow to alternate lanes during the reconstruction phases.
D. CITY will provide temporary driving lane markings.
E. CITY will ensure that the PROJECT is cleared of obstructions which could
damage COUNTY equipment during constt�uction.
F. CITY will verify the location of all utility locations, marlc those locations and
then remove the utilities that will interfere with the progress of the PROJECT.
G. CITY will furnish a site for dumping waste in close proximity to job site for
materials generated during this PROJECT.
H. If a Storm Water Pollution Prevention Plan is required, the CITY will be
responsible for the design, development, implementation and maintenance
of the Plan for the duration of each pat-t of the PROJECT. The COUNTY will
inform the CITY if the Plan needs maintenance dut•ing construction.
L CITY is required for the scheduling and milling cost required for the PROJECT.
III.
TERM
This ILA shall become effective upon the approval of both parties and shall terminate on
September 30, 2021 unless extended in writing and approved by both parties.
IV.
FISCAL FUNDING ACKNOWLEDGEMENT
In the event no funds or insufficient funds at•e appropriated and budgeted or are
otherwise unavailable by any means whatsoever in any fiscal period for payments due under this
contract, then the affected party will immediately notify the other party of such occurrence and
this contract shall be tet•minated on the last day of the fiscal period for which appropriations were
received without penalty or expense to the affected party of any kind whatsoever, except to the
portions of annual payments hei•ein agreed upon for which funds shall have been appropriated.
V.
COST
COUNTY agrees to reimburse the CITY for the cost of materials and road milling ser�vices
required for the PROJECT improvements in an amount not to exceed $750,000 in accot•dance with
Attachment A which is attached hereto and herby made a part of this ILA for all put•poses.
COUNTY will reimburse 100 percent of eligible invoices submitted for reimbursement by the
CITY for up to $750,000. However, in the event that the schedule is delayed, the COLJNTY is
excused from paying until reasonable progress is made as determined by the COUNTY. Any
reimbursement request fi•om the CITY should include: 1) a copy of the invoice or billing for
Evei•man Parlcwav Reconsti•uction Fundin� ILA: 2006 Ti•ansportation Bond Pro�ram Page 2
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materials and road milling services; and 2) a copy of the checic, a cer-tification lettei�, or other
documentation to certify the CITY's proof of payment.
The CITY understands that the CITY will be responsible for any other expenses incurred
by the CITY in performing the services under this ILA.
VI.
AGENCY-INDEPENDENT CONTRACTOR
Neither COL7NTY nor any employee thereof is an agent of the CITY and neither the CITY
nor any employee thereof is an agent of COLTNTY. This ILA 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.
COUNTY will have no right to control the manner or means of construction of the
PROJECT.
VII.
ASSIGNMENT
Neither party may assign, in whole nor in part, any interest it may have in this ILA without
the prior written consent of the other party.
VIII.
THIRD PARTY BENEFICIARY EXCLUDED
No pei•son other than a party to this ILA may bi•ing a cause of action pursuant to this ILA
as a third party beneficiary. This ILA may not be interpreted to waive the sovereign or
governmental immunity of any party to this ILA to the extent such party may have immunity undei•
Texas law.
IX.
AUDIT OF RECORDS
The CITY's records regarding this PROJECT shall be subject to audit by the COLTNTY
during the term of this ILA and for two years after the completion of the PROJECT.
X.
ENTIRE AGREEMENT
This ILA represents the entire understanding of and between the pat-ties and superseded all
prior� representations. This ILA may not be varied or•ally but must be amended by written
document of subsequent date duly executed by these parties.
Everman Parkwav Reconsti•uction Fundin� ILA• 2006 Transqoi•tation Bond Proeram
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XI.
VENUE
This ILA shall be governed by the laws of the State of Texas and venue for any action
under this ILA shall be in the district courts of Tarrant County, Texas.
XII.
SCHEDULING
The CITY agrees that the COLINTY retains control over the COUNTY funding
disbursement schedule identified in Attachment A. The COUNTY agrees to notify the 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.
XIII.
TERMINATION
Until funded by the COLINTY as described in Paragraph IV this ILA 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 ILA shall be deemed
given when personally delivered or mailed by certiiied or r•egistered United States mail, return-
i•eceipt, postage prepaid, addressed as follows:
COUNTY:
County Administrator
Tarrant County
100 E Weatherford St
Fort Worth, Texas 76196
CITY:
City Manager
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
XIV.
SOVEREIGN POWERS
The COUNTY and the CITY agree and undeistand neither Party waives or surrendet�s any of
its govei•nmental powers by execution of this ILA.
APPROVED on this day the p��� day of , , 20� , by Tarrant
County.
Commissioners Court Order No.
Everman Parkwav Reconstruction Fundin� ILA: 2006 Transportation Bond Pro�ram
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TARRANT COUNTY, TEXAS
B. Glen
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Williaru lohnso (Apr8, 202114:59 CDT)
tley, County Judge
Attest:
J. Kayset�, City Sec
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APPRO IIED AS TO FORM.•
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Criminal District Attorney's Office*
CITY OF FORT WORTH
D�h�hdoff
Dana BurghdofF pr 8, 202117:39 CDT)
Dana Burghdoff, Assistant City Manager
William Johnson, Director
Transportation and Public Worlcs
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DBfack (Apr 8, 202117:36 CDT)
Assistant City Attorney
* By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed
this document as to form from our clienYs legal peispective. Other parties may not rely on this approval.
Instead those parties should seel< contract review fi•om independent counsel.
CERTIFICATION OFA ilf1ILABLE FUNDS IN THE AMOUNT OF
� %50 c�• � as folloti>>s:
Fiscal year ending September 30, 2021
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Auditor's Office
*'� Fzands tivill be provided by Precinct 1 clzscretionaiy bond fimds.
$750,000**
Evei•man Parlcway Reconst►•uction Fundin� ILA: 2006 Ti•ansaoi•tation Bond Pro�i•am
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ATTACHMENT A
Project Information
City:
Project Name:
Project Schedule
Design:
ROW Acquisition:
Utility Relocation:
Consti�uction:
City of Fort Worth
Everman Pkwy Reconsh�uction (Oak Grove Rd to Everman C/L)
Start Date
Oct-2020
Countv Payment by Phase
Design:
ROW Acquisition:
Utility Relocation:
Construction:
TOTAL:
$0
$0
$0
$ 750,000
$ 750,000*
Duration (mo.)
4
Project funded with Precinct I discretionaiy bond funds
End Date
Jan-2021
Countv Pavment Schedule bv Calendar Quarter (SUBJECT TO CHANGE)
2019
2020
2021
2022
1 st
Everman Parl�wav Reconstruction Fundint ILA: 2006 Transportation Bond Pro�ram
Page 6
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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.
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Name of Employee/Signature
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Title
5/6/2021
M&C Review
Official site of tiie City of Fort Nlorth, Texas
CITY COUNCIL AGENDA
FURT �'�'ORTI I
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DATE: 3/23/2021 REFERENCE **M&C 21- LOG 201NTERLOCAL AGREEMENT WITH
NO.: 0208 NAME: TARRANT COUNTY PCT 1
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 8) Authorize Execution of Interlocal Agreement with Tarrant County, Precinct 1, in an
Amount Not to Exceed $750,000.00 for Roadway Improvements on Everman Parkway
Between the Everman City Limits and Oak Grove Road as Part of the Everman Parkway
Reconstruction Project and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Interlocal Agreement with Tarrant County and accept in an amount
not to exceed $750,000.00 for roadway improvements on Everman Parkway between the
Everman City limits and Oak Grove Road within the City of Fort Worth as part of the Everman
Parkway Reconstruction project (City Project No. 102102); and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Capital Project Other Fund, in an amount not to exceed $750,000.00,
receivable from Tarrant County for roadway improvements on Everman Parkway between the
Everman City limits and Oak Grove Road within the City of Fort Worth as part of the Everman
Parkway Reconstruction project.
DISCUSSION:
In 2019, discussions between the City and Tarrant County culminated with a mutually beneficial
agreement to reconstruct Everman Parkway from Oak Grove Road to the Everman City limits. Part of
that agreement included a commitment from the County to cost-share in the project with up to
$750,000.00 in reimbursable funds.
Tarrant County will reimburse the City of Fort Worth for material and road milling service costs for the
roadway improvements on Everman Parkway in an amount not to exceed $750,000.00. The
reimbursement may vary depending upon the actual quantities required for construction. Construction
began in spring 2020 and is currently in the final close-out stage. Upon completion of the project,
there is no anticipated impact on the operating fund.
This project is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, execution of the
agreement, and adoption of the attached appropriation ordinance, funds will be deposited into the
Grants Capital Project Other Fund. The Transportation & Public Works Department (and Financial
Management Services) is responsible for the collection and deposit of funds due to the City. Prior to
any expense being incurred, the Transportation & Public Works Department also has the
responsibility to validate the availability of funds.
Fund
Fund
Department
ID
Department
ID
Account
Account
Project
ID
Project
ID
Program � Activity
Program � Activity
Budget
Year
Budget
Year
Reference #
Chartfield 2;
Reference #
Chartfield 2'
Amount
Amount
apps.cfwnet.org/council_packet/mc_review.asp?ID=28758&councildate=3/23/2021 1!2
5/6/2021
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
M&C Review
Dana Burghdoff (8018)
William Johnson (7801)
Jeffrey Perrigo (8117)
ATTACHMENTS
201NTERLOCAL AGREEMENT WITH TARRANT COUNTY PCT1 31003r.docx
Map ILA - Everman Pkwy Reconstruction Project.pdf
apps.cfwnet.org/council_packeUmc_review.asp?ID=28758&councildate=3/23/2021 2/2