HomeMy WebLinkAboutContract 57565 CSC No.57565
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE REGIONAL TRANSPORTATION COUNCIL, THE NORTH CENTRAL TEXAS
COUNCIL OF GOVERNMENTS, THE CITY OF FORT WORTH, TEXAS,
AND THE TARRANT REGIONAL WATER DISTRICT
RELATING TO THE TRINITY RIVER VISION - CENTRAL CITY PROJECT
This Interlocal Cooperation Agreement (ILA) is made and entered into by and between the
Regional Transportation Council (RTC), the North Central Texas Council of Governments (NCTCOG),
the City of Fort Worth, Texas, (CITY), and the Tarrant Regional Water District (TRWD), individually
referred to as a "Party" or collectively as "Parties." The purpose of this ILA is to establish the terms and
conditions of the Project hereinafter defined.
WHEREAS, the City of Fort Worth, Texas, is a home-rule municipal corporation situated in portions
of Tarrant, Denton, Johnson, Parker and Wise Counties, Texas; and
WHEREAS, NCTCOG is a Texas political subdivision and non-profit corporation organized and
operating under Texas Local Government Code Chapter 391 as the regional planning commission for
the 16-county North Central Texas region and acts as the fiscal agent of the RTC; and
WHEREAS, RTC, comprised primarily of local elected officials, is the regional transportation policy
body associated with NCTCOG and has been and continues to be a forum for cooperative decisions on
transportation; and
WHEREAS, the TRWD is a water control and improvement district organized under the laws of the
State of Texas; and
WHEREAS, TRWD and certain other parties, including the CITY, Tarrant County, Texas, and the
U.S. Army Corps of Engineers (USACE) are engaged in the planning and implementation of a flood
control project covering certain lands in the City of Fort Worth known as the "Trinity River Vision —
Central City Project" as amended and defined by the Final Supplement No. 1 to the Final Supplemental
Environmental Impact Statement dated March 6, 2008, prepared by the Fort Worth District of USACE
(Project); and
WHEREAS, the CITY adopted Ordinance No. 15797, as amended, establishing Tax Increment
Reinvestment Zone Number Nine, City of Fort Worth, Texas, generally known as the "Trinity River
Vision TIF" (TIF); and
WHEREAS, on or about September 29, 2010 the Board of Directors of the TIF and TRWD executed
a Project Cost Funding Agreement by which TRWD will advance certain costs of improvements set
forth in the TIF Project Plan and TRWD will be reimbursed from the TIF Fund for such costs (Project
Funding Agreement); and
WHEREAS, the CITY and TRWD entered into an agreement for TRWD Funding of Franchise
Utility Relocations, City Secretary Contract No. 43425, as amended, where TRWD will fund franchise
utility relocations and infrastructure construction for the Project, the CITY will cause the work to be
performed, and TRWD will be reimbursed for the costs pursuant to the Project Funding Agreement; and
WHEREAS, on March 12, 2020, the RTC programmed $20,000,000 in Surface Transportation
Block Grant (STBG) funds to the Texas Department of Transportation (TxDOT) on behalf of the City of
Fort Worth for the Trinity River Vision (TRV) Bridge Project to cover projected cost increases for the
project; and
OFFICIAL RECORD
Interlocal Agreement CITY SECRETARY
City of Fort Worth, TRWD, NCTCOG, and RTC—Trinity River Vision Central City Project FT.WORTH, TX
NCTCOG Agreement Number:
WHEREAS, on February 24, 2022, the NCTCOG Executive Board authorized an Interlocal
Cooperation Agreement between NCTCOG, the CITY and TRWD for the payment of$5,000,000 by the
CITY and TRWD related to the Trinity River Vision Bridge Project consistent with the terms of the March
12, 2020, RTC action; and,
WHEREAS, on April 12, 2022, the Fort Worth City Council authorized execution of an Interlocal
Cooperation Agreement with NCTCOG, RTC and TRWD for the payment of $5,000,000 related to the
Trinity River Vision Bridge Project; and
WHEREAS, on April 19, 2022, the Board of Directors of the TRWD authorized execution of an
Interlocal Cooperation Agreement with NCTCOG, RTC and the CITY for the payment of $5,000,000
related to the Trinity River Vision Bridge Project; and
WHEREAS, each governmental body finds that the performance of this ILA is in the common
interest of each respective party, that the undertaking will benefit the public and that the division of costs
fairly compensates the performing party for the services or functions performed or performable under
this ILA;
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained
herein, the parties agree as follows:
Article I: Term
1.1 The term of this Agreement shall begin on the Effective Date (as defined hereunder) and shall
continue until all obligations contemplated herein are completed.
Article II: Funding
2.1 On March 12, 2020, the RTC programmed $20,000,000 in STBG funds to the Texas Department
of Transportation (TxDOT) on behalf of the City of Fort Worth to cover cost increases for the
Trinity River Vision Bridge Project. RTC's obligation will be considered fully satisfied upon
incorporation of the project in the Statewide Transportation Improvement Program (STIP) and
approval by the Federal Highway Administration (FHWA) and the Texas Transportation
Commission (TTC). The RTC and NCTCOG represent to the CITY and TRWD that the use of
the $20,000,000 in STBG funds as outlined in this ILA complies with all laws. CITY and TRWD
agree to cooperate with RTC and NCTCOG by producing unprivileged or non-confidential
documents in response to any audits conducted by the state or federal government relating to
the use of the funds.
2.2 The CITY and TRWD agree to collectively contribute $5,000,000 (Contribution Amount), to
NCTCOG, as RTC's fiscal agent, in accordance with the terms of this Agreement. The CITY's
contribution shall be in the amount of $1,500,000.00 (City Contribution), which shall be due on
August 31, 2022. TRWD's contribution shall be $3,500,000.00 (TRWD Contribution). TRWD's
Contribution shall be paid in full within ten (10) years of the Effective Date. TRWD shall use TIF
revenue authorized for TRWD advances to pay the TRWD Contribution. It is the intent of the
Parties that TRWD will pay the TRWD Contribution in the amount of 10% per year until paid in
full. The TRWD Contribution shall be paid to NCTCOG annually beginning November 30, 2022,
regardless of other TRWD expenses or the remaining TRWD loan amount under the Project
Funding Agreement. In the event no funds or insufficient funds are appropriated and budgeted
by the CITY or are otherwise unavailable by any means whatsoever in any fiscal period for
Interlocal Agreement Page 2
City of Fort Worth, TRWD, NCTCOG, and RTC—Trinity River Vision Central City Project
NCTCOG Agreement Number:
payments due under this ILA, then the CITY will immediately notify RTC and NCTCOG of such
occurrence and the CITY's obligation to by the City Contribution shall be terminated on the last
day of the fiscal period for which appropriations were received without penalty or expense to the
CITY of any kind whatsoever, except to the portions of payments herein agreed upon for which
funds shall have been appropriated.
2.3 The Parties agree that no interest shall accrue on the Contribution Amount.
2.4 CITY and TRWD agree that once payments are made to NCTCOG, as RTC's fiscal agent, such
funds are funds of NCTCOG and the RTC and may be allocated within RTC's jurisdiction for
such purposes determined solely by the RTC. The Parties agree there shall be no requirement
for approval or notification to CITY or TRWD of such allocation by the RTC.
Article III: Miscellaneous
3.1 Binding Effect. The provisions of this ILA shall be binding upon and inure to the benefit of the
Parties and their respective successors and permitted assigns. There shall be no third-party
beneficiaries of this Agreement.
3.2 Construction and Drafting. The paragraph headings in this ILA are intended for convenience
only and shall not be taken into consideration in the construction or interpretation of this ILA.
Whenever used herein, unless the context otherwise provides, the singular number shall include
the plural, the plural the singular, and the use of any gender shall include all other genders. All
Parties have participated in the drafting hereof and accordingly no party shall be given credit
therefor in the interpretation of this ILA.
3.3 Partial Invalidity. Any portion of this ILA being declared by law to be invalid shall not invalidate
the remaining provisions which shall remain in full force and effect.
3.4 Merger and Amendment. This instrument constitutes the entire agreement of the Parties with
respect to the matters contemplated herein and it may be modified or amended only in writing,
signed by all parties hereto and in accordance with the terms hereof.
3.5 No partnerships or Joint Enterprise. It is mutually understood and agreed that this ILA is intended
by the Parties to establish only an independent contractual relationship and is not intended to
create a partnership or joint venture between any or all Parties.
3.6 Liability. The Parties agree and acknowledge that each Party is not an agent of the other Party
and that each Party is responsible for its acts, forbearances, negligence and deeds, and for
those of its agents or employees in conjunction with each Party's performance under this ILA.
3.7 Current Revenues and Annual Appropriation. Any obligations made under this ILA shall be from
current revenues available to the paying Party as required by Chapter 791, Texas Government
Code and is subject to annual appropriations.
3.8 Assignment. No Party may assign its rights and obligations or either under this ILA, in whole or
in part, without first obtaining the prior written consent of the other Party, which consent may be
withheld for any reason. No assignee or successor may further assign, in whole or in part, its
rights and obligations without prior written consent of each Party to this ILA at the time of further
assignment.
Interlocal Agreement Page 3
City of Fort Worth, TRWD, NCTCOG, and RTC—Trinity River Vision Central City Project
NCTCOG Agreement Number:
3.9 Incorporation of Recitations. The recitations and "whereas" provisions of this ILA are
incorporated herein as part of this ILA for all purposes.
3.10 Reasonable Cooperation. Each Party agrees to reasonably cooperate to effectuate the purpose
and intent of this ILA.
3.11 Right to Audit. RTC, NCTCOG and TRWD agree that the CITY shall, until the expiration of three
(3)years after final payment under this ILA, have access to and the right to examine any directly
pertinent books, documents, papers and records of RTC, NCTCOG, and TRWD involving
transactions relating to this ILA. CITY shall have access during normal working hours to all
necessary RTC, NCTCOG, and TRWD facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of this
section. The CITY shall give reasonable advance notice of intended audits.
3.12 Governmental Powers. It is understood and agreed that by execution of this ILA, CITY, RTC,
NCTCOG, and TRWD do not waive or surrender any of their governmental powers or
immunities.
3.13 Counterparts. This ILA may be signed in counterparts and shall be effective on the date signed
by the last signing Party.
The Parties have executed this Interlocal Cooperation Agreement on the dates written by each
signatory, to be effective on the date on which the Agreement is fully executed by all Parties ("Effective
Date").
REGIONAL TRANSPORTATION COUNCIL
Michael Morris(May 10,202214:26 CDT) Date: May 10,2022
Michael Morris, P.E.
Director of Transportation
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
Faltzal�c May 10,2022
Mike Eastland(May 10,202214:50 CDT) Date:
Mike Eastland
Executive Director
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Interlocal Agreement Page 4
City of Fort Worth, TRWD, NCTCOG, and RTC—Trinity River Vision Central City Project
NCTCOG Agreement Number:
CITY OF FORT WORTH pd�°FOR0000 r�ad
ATTEST: SPA,o° °°0 �d
°
�o odd
�v o o=�
Dana Burghdoff(May 14,2 07:29 CDT Jannette 5.Goodall(May 16,2U22 U9:35 CDT) �L o° °o*�
Dana
00000000
Assistant ont City Manager City Secretaryodall ����
�nEXASo�p
Date: May 14,2022
M&C: 22-0254
Date: 4/12/22
Form 1295: N/A
APPROVED AS TO FORM AND LEGALITY
MI.&(May 13,2022 16:37 CDT)
Douglas W. Black
Sr. Assistant City Attorney
TARRANT REGIONAL WATER DISTRICT
Daniel L. Hohman
Daniel L.Duhman(May 11,202214:42 CDT)
Dan Buhman
General Manager
Date: May 11,2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Interlocal Agreement Page 5
City of Fort Worth, TRWD, NCTCOG, and RTC—Trinity River Vision Central City Project
NCTCOG Agreement Number:
5/8/22,6:53 PM M&C Review
official site of the City of Fart Warth,Texas
CITY COUNCIL AGENDA FoRTW ORT_II
Create New From This M&C
DATE: 4/12/2022 REFERENCE**M&C 22- LOG 031NTERLOCAL AGREEMENT WITH
NO.: 0254 NAME: NCTCOG FOR TRV BRIDGE FUNDING
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 2 and CD 9) Authorize Execution of an Interlocal Agreement with the Regional
Transportation Council, the North Central Texas Council of Governments and the Tarrant
Regional Water District in the Amount of$5,000,000 with City Participation in the Amount
of$1,500,000 and Authorize a Settlement Agreement with Freese and Nichols, Inc. in the
Amount of$1,500,000 for Claims Associated with the Trinity River Central City Bridge
Project
RECOMMENDATION:
It is recommended that the City Council:
1. authorize execution of an Interlocal Agreement with the Regional Transportation Council, the
North Central Texas Council of Governments and the Tarrant Regional Water District in the
amount of $5,000,000.00 with City participation in the amount of $1,500,000.00 for the
Trinity River Central City Bridge project; and
2. authorize execution of a settlement agreement with Freese and Nichols, Inc. in the amount
of $1,500,000.00 for claims associated with the Trinity River Central City Bridge project.
DISCUSSION:
The Trinity River Central City Bridge project consists of the construction of three bridges over a future
bypass channel of the Trinity River north of downtown Fort Worth. The bridge construction is being
managed by the Texas Department of Transportation (TxDOT), with the City of Fort Worth as the
local sponsor. TxDOT contracted with Texas Sterling Construction Co. to construct the bridges.
During the course of construction, Texas Sterling raised questions concerning the constructability and
adequacy of the plans related to the bridge design. Delays ensued and litigation was threatened
ultimately leading to resolution of the dispute between the bridge contractor and TxDOT through the
execution of Change Order No. 74 in the amount of$14,999,772.23. To fund the cost increase as well
as future, projected increases, in March 2020, the Regional Transportation Council (RTC) approved
an increase of$20 million in Surface Transportation Block Grant (STBG) funds for the project, which
funds were programmed to TxDOT. The City agrees to reimburse $1,500,000 to the NCTCOG, as the
RTC's fiscal agent. In addition, Tarrant Regional Water District (TRWD)will reimburse $3,500,000 to
the RTC via NCTCOG over a 10-year period using Trinity River Vision Tax Increment Finance (TIF)
revenue.
The bridges were originally funded in 2011 with a total of$69.9 million in Federal, State, City and other
partner funding. Expenses related to the Bridge project are considered Central City project costs,
which are eligible for TIF reimbursement.
The City and Freese and Nichols, Inc. entered into an engineering design agreement, City Secretary
No. 39644, in December, 2009 for engineering and design services for the three bridges spanning the
future Trinity River bypass channel. The agreement was amended twice: in June, 2011 and again in
December, 2011. The second amendment added scope and fees for the design of the "V-pier" bridges.
Freese and Nichols has agreed to contribute $1,500,000.00 to the City to settle any claims related to
the engineering design agreement after good faith negotiations with City staff.
A Form 1295 has been provided by Freese and Nichols, Inc.
apps.cfwnet.org/counciI_packet/mc review.asp?ID=29808&councildate=4/12/2022 1/2
5/8/22,6:53 PM M&C Review
FISCAL INFORMATION/CERTIFICATION:
Prior to any expenditure being incurred, the Transportation and Public Works Department has the
responsibility to validate the availability of funds. The Director of Finance further certifies that upon
approval of the above recommendation and execution of the agreements, funds will be deposited into
the Street Improvements 2008 Fund and then remitted to the North Central Texas Council of
Governments. The Transportation and Public Works Department is responsible for the collection and
deposit of funds due to the City.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Dana Burghdoff (8018)
Originating Department Head: Leann Guzman (8973)
Additional Information Contact: Doug Black (7615)
ATTACHMENTS
apps.cfwnet.org/counciI_packet/mc review.asp?ID=29808&councildate=4/12/2022 2/2
From: Soto,Vania Elizabeth
To: Black, Doug; Hall, Monty; Munoz.Andrea
Subject: RE: C00144-EPIA-Trinity River Bridges ILA
Date: Thursday, May 19,2022 9:14:00 AM
From my understanding this was an interlocal agreement with NCTCOG and not the settlement
agreement. Therefore I had to ask that they have the contract compliance manager signature. But if
you are okay with the interlocal agreement not having the signature I will use your email as backup
in filing.
Vania E. Soto
Administrative Assistant
City Secretary's Office
817-392-6090
Vania.Soto(g4.fortworthtexas.gov
From: Black, Doug
Sent: Thursday, May 19, 2022 9:04 AM
To: Hall, Monty<Monty.Ha I I @fortworthtexas.gov>; Munoz, Andrea
<A n d re a.M u n oz @ fo rtwo rt h texa s.gov>
Cc: Soto, Vania Elizabeth <Vania.Soto@fortworthtexas.gov>
Subject: RE: C00144-EPIA-Trinity River Bridges ILA
There is no need for a contract compliance statement for a settlement agreement.
Thanks,
Doug
Douglas W Black
Senior Assistant City Attorney
200 Texas Street
Fort Worth,Texas 76102
817-392-7615 Direct
Doug_Black4fortworthtexas_gov
City of Fort Worth Working together to build a strong community.
FORTWORTH.
RECIPIENTS -PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES
DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS.
This e-mail and any files transmitted with it are confidential and are intended solely for the use of
the individual or entity to which they are addressed. This communication may contain material
protected by the attorney-client privilege. If you are not the intended recipient or the person
responsible for delivering the e-mail to the intended recipient,be advised that you have received this
e-mail in error and that any use,dissemination,forwarding,printing, or copying of this e-mail is
strictly prohibited. If you have received this e-mail in error,please immediately notify Doug Black at
the City of Fort Worth City Attorney's Office (817) 392-7615.
From: Hall, Monty<Monty.Hall @fortworthtexas.gov>
Sent: Thursday, May 19, 2022 8:43 AM
To: Munoz, Andrea <Andrea.MunozC@fortworthtexas.gov>; Black, Doug
<Douglas.Black(@fortworthtexas.gov>
Cc: Soto, Vania Elizabeth <Vania.Soto(@fortworthtexas.gov>
Subject: RE: C00144-EPIA-Trinity River Bridges ILA
Doug,
This issue is still pending and preventing the filing of this ILA. We need the ILA completely executed
to process the payment to NCTCOG...
Thanks,
Monty
From: Munoz, Andrea <Andrea.Munoz(@fortworthtexas.gov>
Sent: Monday, May 16, 2022 2:54 PM
To: Black, Doug <Douglas.Black(@fortworthtexas.gov>
Cc: Hall, Monty<Monty.Hall(@fortworthtexas.gov>; Soto, Vania Elizabeth
<Va n i a.Soto(@fo rtwo rthtexas.gov>
Subject: FW: C00144-EPIA-Trinity River Bridges ILA
Doug,
Please see below. Is it okay for me to add the contract compliance manager signature block to this
document?
If so, would Doug Rademaker need to sign on this line?
Thanks, Andrea
From: Soto, Vania Elizabeth
Sent: Monday, May 16, 2022 2:18 PM
To: Munoz, Andrea <Andrea.MunozCcDfortworthtexas.g_ov>
Subject: C00144-EPIA-Trinity River Bridges ILA
This contract does not have a contract compliance manager signature. Please collect that signature
and send back to me once it is completed.
Vania E. Soto
Administrative Assistant
City Secretary's Office
817-392-6090
Vania.Sotoafortworthtexas.gov