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Home My WebLink AboutContract 44513 (2)��_;�r� {, � .. STATE OF TEXAS COUNTY OF TARRANT § § § Interlocal Agreement 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 serves the public welfare of the citizens of Tarrant County. The COUNTY and the CITY make the following findings of fact: 1. This agreement Government Code; is made pursuant to Chapter 791 of the Texas 2. To the extent necessary the parties will use current revenues to pay obligations in this agreement; 3. The project project; benefits the public in that it is a needed transportation 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. PRO7ECT DESCRIPTION This project will provide for new sidewalks and sidewalk extensions, storm drain inlets, a trafFic signal, curb and gutter, accessibility ramps and the demolition of existing curbs and sidewalks along East Rosedale at the Texas Wesleyan University site, all within the context of a larger, concurrent East Rosedale reconstruction project. Interlocal Aqreement Transportation Bond 2006-2007 �� ' � � � �� 1 � i �� IOZ � - Nlil� 0�/Il��y II. SCOPE OF SERVICES PROVIDED BY CITY The services to be provided by the CIIY 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'�; 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. F. CITY will notify the COUNTY on completion of the project; and CIIY 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. IV. COST COUNTY agrees to reimburse CITY $375,000 from the COUNTY'S 2006 Transportation Bond Program Commissioner Discretionary funds. Attachment A incorporated into this agreement by reference sets forth the funding schedule for this reimbursement. However, in the event that the schedu excused from paying until the successful completion of project as reasonably determined by the COUNTY. The signed by the CFO or authorized official that the work has funds being requested have been expended. CITY understands that CITY will be responsible for Interlocal Aqreement Transportation Bond 2006-2007 le is delayed, the COUNTY is the scheduled phase of the CITY will provide certification been completed and that the any other expenses incurred .� by CITY in performing the services under this agreement. V. AGENCY-INDEPENDENT CONTRACTOR Neither COUNIY 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. CITY and COUNTY agree that the COUNTY will have no right to contro) the manner or means of construction of the project. VI. ASSIGN M E NT 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 BENEPICIARY 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. Interlocal Agreement Transportation Bond 2006-2007 Page 3 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. 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) 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 County. CITY: City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 day of , 20_, by Tarrant Commissioners Court Order No. Interlocal Aqreement Transportation Bond 2006-2007 .� CITY Estiii�+.fb L�.—� rnando Costa sistant City Manager Commissioner, Precinct 1 t APPROVAL RECOMMENDED: �� W � Dougla�U. Wiersig, P.E. U Di recto r �,�.��.a�� Transportation and Public Worlc,�,�, �� / ��Qop000�� ,�.a � ATTEST: } ��'�°° C � '� APPROVED AS TO FORM AND LEGALT � � � Douglas Black, Assistant City Attorney gi�C G-'2�866 � � � �° -� 000 � � _.�.� �i�ZS�. �Z Interlocal Agreement Transportation Bond 2006-2007 �._�— ; OFFIC��L �E��DI�� CIiY SECRE"�'Ai�� 'R;, M��a `� 9e 5 TARRAIVT COUNTY STATE �F TEXAS j % � C� � c.) �/,� CERTIFICA TION OF A l/,4ILABLE FUNDS I/V THE AMOUNT OF $ ' 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 $ $ $ $ $ $ $375,000� All future vears fundinq is contingent on future debt issuance and renewal of this contract Fiscal year ending September 30, 2014 Fiscal year ending September 30, 2015 Fiscal year ending September 30, 2016 ��' ,�. , , � � ;' : A � i � � • � APPROVED � District OfFice* $ $ $ --------------------- $375,000 *By law, the District Attorney's Office may only advise or approve agreements or legal documents on behalf of its clients. It may not advise or approve a agreement or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s), Interlocal Aqreement Transportation Bond 2006-2007 Page 6 ATTACHMENT A Proiect Information City: Project Name Proposed Proiect Schedule Design; ROW Acquisition: Utility Relocation: Construction: City of Fort Worth Installation of sidewalks, drainage, curb and gutter and a traffic signal on E. Rosedale at Texas Wesleyan University Sta��t Date Mar-2013 Duration (mo) End Date * 20 Nov-2014 * COtINTY 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 COIINTY. COLTNTY 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, COtTNTY 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 COIINTY. Proposed Countv Pavment bv Phase Design: $ ROW Acquisition: Utility Relocation: Construction: County Funding Total: 0 $ $375,000 $375,000 Pronosed County Payment by Calendar Quarter (SUBJECT TO CHANGE) 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 lst Quarter 2nd Quarter 3rd Quarter 4th Quarter $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $375,000 $ $ $ $ $ $ $ $ $ $ $ $ $ Interlocal Agreement Transportation Bond 2006-2007 Page 7 Interlocal Aareement Transportation Bond 2006-2007 Page 8 M&C Review ! � � �� . Page 1 of 2 t)(ficial site oF the City of Fork 4Varth, Texas �C��T'��Q RT11 �� ,��_.. ��:��M��.��.=r�. �.,�.��.:��,��,,�.��,��:.��,..�.��, COUNCIL ACTION: Approved on 9/25/2012 - Ordinance No. 20418-09-2012 ., :�---��:�-��,�k� ��.��v�,��,��.��-:�,��.�-��-�� _�� - .�:��. �� .� v� �a-�� DATE: CODE: 9/25/2012 C 20TWU ROSEDALE REFERENCE **C-25866 LOG NAME: SUSTAINABLE NO.: DEVELOPMENT PROJECT TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County in the Amount of $375,000.00 for the County's Participation in the Construction of Streetscape Improvements Along East Rosedale Street from Nashville Avenue to Collard Street and Adopt Appropriation Ordinance (COUNCIL DISTRICT 8) � �_ � �.__�� _ .� �� , _ . _- : �-_��, - . _ _ _ . __�� RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an Interlocal Agreement with Tarrant County in the amount of $375,000.00 for the county's participation in the construction of streetscape improvements along East Rosedale Street from Nashville Avenue to Collard Street; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Capital Projects Fund in the amount of $375,000.00. DISCUSSION: Execution of this Interlocal Agreement in the amount of $375,000.00 allows for Tarrant County funding participation which the City will use as the local match towards Regional Toll Revenue (RTR) funds in the amount of $1,500,000.00 for a total project amount of $1,875,000.00. The streetscape project includes a traffic signal, sidewalk improvements, storm drain inlets and pedestrian amenities in the Texas Wesleyan University (TWU) area along East Rosedale Street from Nashville Avenue to Collard Street under a context sensitive approach to enhance the corridor. On March 20, 2012, (M&C C-25508) the City Council authorized the execution of an Engineering Agreement with Freese and Nichols, Inc., in the amount of $1,598,450.00 for the Design of East Rosedale Street from U.S. 287 to Miller Avenue, which includes the TWU area along East Rosedale Street from Nashville Avenue to Collard Street. On June 26, 2012, a Memorandum of Understanding (MOU) was executed between the Texas Department of Transportation, North Central Texas Council of Governments, Tarrant County and the City of Fort Worth to outline an Agreement regarding the funding, implementation strategy, roles and responsibilities and project timing for East Rosedale Street reconstruction from U.S. 287 to Stalcup Road. The project is divided into three segments: East Rosedale Street from U.S. 287 to west of Miller Avenue, East Rosedale Street from west of Miller Avenue to Stalcup Road and East Rosedale Street Sustainable Development from Nashville Avenue to Collard Street in the Polytechnic/TWU area. This action allows the East Rosedale Street from U.S. 287 to Miller Avenue and Sustainable Development Streetscape segments to move forward using solely local funds. The City of Fort Worth will manage the implementation of these two segments. The Texas Department of Transportation will manage the implementation of the East Rosedale Street segment from west of Miller Street to Stalcup Road. The Transportation and Public Works Department will be responsible for the collection of funds from Tarrant County. http://apps.cfwnet.org/council�acket/mc review.asp?ID=17407&councildate=9/25/2012 6/7/2013 M&C Review 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 Grant Capital Projects Fund. TO Fund/Account/Centers � GR74 451970 006302597000 � GR74 541200 006302597083 $375,000.00 $375.000.00 Submitted for Citv Manager's Office by; Oriqinating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers Fernando Costa (6122) Douglas W. Wiersig (7801) Jim Walker (8009) David Jodray (8702) 20TWU ROSEDALE SUSTAINABLE DEVELOPMENT PROJECT A012.doc Ma� East Rosedale Street at Texas Weslevan University.pdf http://apps.cfwnet.org/council�acket/mc review.asp?ID=17407&councildate=9/25/2012 Page 2 of 2 6l7/2013