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Home My WebLink AboutContract 44514 (2)�;__ , . - .`/'- . i: __ ` �L'' 7� �• � ! w 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. PROJECT DESCRIPTION The East Rosedale improvement project (PROJECT) extends from U.S. Highway 287 eastward to Stalcup Drive. The PROJECT will be constructed in two phases. Phase 1 (PROJECT—Phase 1) is defined as extending from the interchange of East Rosedale and U.S. Highway 287 eastward to west of Miller Avenue. Phase 2(PROJECT—Phase 2) is defined as extending from west of Miller Avenue eastward to Stalcup Road. This agreement constitutes PROJECT—Phase 1 only, defined as the reconstruction and rehabilitation of East Rosedale Street as a four lane undivided road from U.S. Highway 287 eastward to west of Miller Avenue, including intersection and safety improvements at Texas Wesleyan University (TWU) and at Ayers Avenue. Interlocal Aureement Transportation Bond 2006-2007 I��C�IV�� R � � ZO�� r ,� -i,�; , . � ..- i � , � ;� RECEIVED JU� � "� ��1� 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-Phase 1 costs including all construction cost, right-of-way acquisition, planning, engineering, surveying and governmental approval costs (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-Phase 1 shall be provided to the COUNTY; E. CITY will notify the COUNTY on completion of the PRO)ECT-Phase 1; and F. 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 pay CITY for PROJECT-Phase 1 improvements either $7,994,000 of its Costs or 54% of its Costs, whichever amount is less. 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 COUNTY funds have been expended on eligible items as Interlocal Agreement Transportation Bond 2006-2007 Page 2 determined by the COUNTY. 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. Prior to the distribution of the COUNTY's final payment, an audit will be conducted at the conclusion of the PROJECT- Phase 1 to determine the COUNTY's final payment amount. CITY agrees to start the construction phase of PROJECT-Phase 2 improvements as defined herein within five years of the date this agreement is fully executed. If construction does not commence within five years of the date this agreement is fully executed, CITY agrees to reimburse the COUNTY in the amount of $3,997,000, as originally programmed in the COUNTY's 2006 Transportation Bond Program. 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 pa rty. CITY agrees that the COUNTY will have no right to control the manner or means of construction of the PROJECT-Phase 1. VI. ASSIG N 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 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. Interlocal Aareement Transportation Bond 2006-2007 Page 3 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-Phase 1. 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. 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: Interlocal Aqreement 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. TARRA9VT COUNTY STATE OF TEXAS � ` � � ` �-- , _�� iL_ / s�,-�_i - , Commissi¢ner, Precinct 1 Assistant City Manager APPROVAL RECOMMENDED: (�,.) . (J Douglas(JU. Wiersig, P.E. Di rector Transportation and Public Works ATTEST: Kayse \ �� cret� PROVED AS TO FORM AND LEGA ;� Itit�t� �- Z� �8i ,, ., � , _` Douglas Black, Assistant City Attorney Interlocal AQreement Transportation Bond 2006-2007 �I't'Y SECRE7'A��' CITY: City Manager City of Fort Worth 1000 Throckmorton St. Fort Worth, Texas 76102 2� St day of �� , 20 %3, by Commissioners Court Order No. � ��7� CITY x �; , � �_ `_ �� .,, 5 � ��` �°�� -�r o�+°�h6 /� a � � � Fernando Costa CERTIFICATION OF Al/AILABLE .� Z Z�'7 �fiU -�� f FUNDS IN THE 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 AMOUNT $ $ $ $ $ $ $2,284,000 � All future vears fundinq is continaent 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 �.� ir'`.� , , � A � Auditor's Office APPROVED AS TO FOR �/� ,� ; � ,,� Distric Atto, n 's Office* $4,568,000 $1,142,000 $ $7,994,000 OF *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 PROJECT-Phase 1 Information City: City of Fort Worth Project Name: East Rosedale reconstruction from US287 to west of Miller Proposed PROJECT-Phase 1 Schedule Sta��t Date Duration (mo) End Date * Design: ROW Acquisition: Utility Relocation: Construction: Apr-2013 20 Dec-2014 * COIINTY payments by completed phase are contingent upon the COIJNTY'S reasonable determination that the work regar•ding the PROJECT-Phase 1 phase for which payment is expected is successfully completed, as determined by the COIJNTY. COiJNTY plans to issue debt for all phases of this PROJECT-Phase 1, therefore payment remains contingent on debt issuance in accordance with applicable law. Once Construction commences, COiJNTY 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: County Funding Total: � $ $7,994,000 $7,994,000 Proposed County Payment by Calendar Quarter (SUBJECT TO CHANGE) 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 ls` Quarter 2°° Quarter 3`° Quarter 4`° Quarter $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $1,142,000 $1,142,000 $1,142,000 $1,142,000 $1,142,000 $1,142,000 $1,142,000 $ $ $ $ $ $ $ $ Interlocal Aareement Transportation Bond 2006-2007 Page 7 M&C R�view � � � �� :; Page 1 of 2 C��ficial site af the i�ity of Fort 4'larth, Texas �Ci�i'��r'�?RTI� E..�p�,:��,�� _, ��;�, ��v��: ,�-.��.,:��;A�,�r:��r.� �� .��.�.� � _,.�� ..�;�:�� :,� �� COUNCIL ACTION: Approved on 9/25/2012 - Ordinance No. 20433-09-2012 �� ..��-�� . �-��.�:-�� - �� ;�� _�$, �,� �.��, ��:.��,�� DATE: CODE: 9/25/2012 C REFERENCE NO.. TYPE: 20EAST ROSEDA�E C-25881 LOG NAME: RECONSTRUCTION FROM U.S. 287 TO MILLER NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County in the Amount of $7,994,000.00 for the County's Participation in the Reconstruction of East Rosedale Street from U.S. 287 to West of Miller Avenue and Adopt Appropriation Ordinance (COUNCIL DISTRICT 8) �� n � �� m �� X� � --_��. . :� :�� ., . _ RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an Interlocal Agreement with Tarrant County in the amount of $7,994,000.00 for the County's participation in the reconstruction of East Rosedale Street from U.S. 287 to west of Miller Avenue; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Street Improvements Fund in the amount of $7,994,000.00. DISCUSSION: Execution of this Interlocal Agreement (ILA) in the amount of $7,994,000.00 allows for Tarrant County funding participation in the reconstruction of East Rosedale Street from U.S. 287 to west of Miller Avenue as a four lane undivided roadway. Under the terms of the ILA, the City will bid, construct, and manage the reconstruction of East Rosedale Street will include sidewalk, intersection and safety improvements and pedestrian amenities. East Rosedale Street within these limits is a four lane undivided arterial on the City's Master Thoroughfare Plan. The 2000 Critical Capital Program and the 2004 Capital Improvement Program included funds for the reconstruction of East Rosedale Street from U.S. 287 to Miller Avenue. The City administratively executed City Secretary Contract No. 42875 with Freese and Nichols, Inc., on February 8, 2012 in the amount of $49,810.00, to provide pre-design surveys and engineering services for the roadway including water and sanitary sewer relocation and rehabilitation. On March 20, 2012, (M&C C-25508) the City Council authorized the City Manager to execute 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. 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. 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, 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 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. http://apps.cfwnet.org/council�acket/mc review.asp?ID=17400&councildate=9/25/2012 6/7/2013 M&C R�view The Transportation and Public Works Department will be responsible for the collection of funds from Tarrant County. 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 Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers � $7,994,000.00 C200 451970 205230014283 � $7,994,000.00 C200 541200 205230014283 Submitted for City Manager's Office by: Originatinq Department Head: Additional Information Contact: ATTACHMENTS Fernando Costa (6122) Douglas W. Wiersig (7801) Jim Walker (8009) David Jodray (8702) 20EAST ROSEDALE RECONSTRUCTION FROM U.S. 287 TO MILLER Revised A012.doc Map East Rosedale Street From US 287 To West Of Miller Ave.pdf http://apps.cfwnet.org/council�acket/mc review.asp?ID=17400&councildate=9/25/2012 Page 2 of 2 6/7/2013