HomeMy WebLinkAboutContract 59380A'
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CSC No. 59380
STATE OF TEXAS § Funding Interlocal Agreement for
§ Cromwell Marine Creek Road Widening
COUNTY OF TARRANT §
This interlocaI agreement (ILA) is entered into between Tarrant County, Texas, hereinafter
referred to. as the "COUNTY", and the City of Fort Worth, hereinafter referred to as the "CITY",
and collectively referred to as the "parties", for the purpose of providing funding through the Tarrant
County 2021 Transportation Bond Program (2021 TBP) to a needed transportation 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 promotes the public welfare of the citizens of
Tarrant County.
The COUNTY and the CITY make the following findings of fact:
I . This ILA is made pursuant to Chapter 791 of the Texas Government Code and the Tarrant
County 2021 Transportation Bond Program Policy, as amended;
2. To the extent necessary, the parties will use current revenues to pay obligations in this ILA;
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
ILA;
5. The division of costs provided in this ILA constitute adequate consideration to each party;
and
6. Both parties acknowledge they are each a "governmental entity" and not a "business entity"
as those terms are defined in Texas Government Code Section 2252.908, and therefore, no
disclosure of interested parties is required.
I.
PROJECT DESCRIPTION
This project, hereinafter referred to as the "Project", will consist of the construction (or
reconstruction) of Cromwell Marine Creek Road from Boat Club Road to Marine Creek Parkway.
Construction will consist of widening and reconstructing 2.2 miles of existing two-lane asphalt -
roadway to a four -land divided concrete urban arterial that includes curb, and gutter, internal
drainage, two major creek crossings, a bridge crossing, streetlights, traffic signals, modification of
existing roundabout at Marine Creek Parkway, and shared use paths. The reconstruction will also
include the construction of a major culvert crossing to carry the 100-year design storm.
OFFICIAL RECORD
II. CITY SECRETARY
SCOPE OF SERVICES PROVIDED BY CITY FT. WORTH, Tx
The services to be provided by the CITY shall include, but are not limited to, the following:
Cromwell Marine Creek Road Widening Funding ILA: 2021 Transportation Bond Program Page 1
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A. All total project costs including construction, right of way acquisition, utility relocation,
engineering, planning, surveying, and governmental approval costs (collectively referred to
as "Costs");
B. Following project completion, the CITY will provide the overall total project cost summary
with final cost share between funding partners;
C. Construction agreement administration, site review, permitting, and inspection;
D. The CITY agrees to facilitate the efficient operations of the Project through ongoing
transportation system maintenance efforts, including signal timing optimization as
applicable;
E. Interagency coordination, including CITY notification to the North Central Texas Council
of Government (NCTCOG) and the COUNTY of any amendments or modifications to
NCTCOG's Transportation Improvement Program (TIP);
F. A detailed quarterly project schedule documenting the percent complete for each major
component of the Project shall be provided to the COUNTY;
G. The CITY agrees to invite the COUNTY to any project groundbreaking or `ribbon cutting
events; and
H. The CITY will include the following language on all public notices, web pages, and on -site
signage related to the Project:
"This project is funded by the City of Fort Worth and the Tarrant County Commissioners
Court through the Tarrant County 2021 Transportation Band Program."
Compliance with Laws: In providing the services required by this Agreement, CITY'S
Contractor must observe and comply with all applicable federal, state, and local statutes,
ordinances, rules, and regulations, including, without limitation, workers' compensation
laws, minimum and maximum salary and wage statutes and regulations, and non-
discrimination laws and regulations. CITY'S Contractor shall be responsible for ensuring its
complilaice with any laws and regulations applicable to its business, including maintaining
any necessary licenses and permits.
M.
'PERM
This ILA shall become effective upon the approval of both parties and shall- terminate on
September 30, 2023, unless terminated as described in Section XIII in this ILA or extended in writing
and approved by both parties. Yearly renewals are required and will be initiated by the COUNTY
prior to the expiration date herein.
Cromwell Marine Creek Road Widening Funding ILA: 2021 Transportation Bond Program Page 2
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IV.
FISCAL FUNDING ACKNOWLEDGEMENT
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
unavailable by any means whatsoever in any fiscal period for payments due under this ILA, then the
affected party will immediately notify the other party of such occurrence and this ILA shall be
terminated 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
herein agreed upon for which fiinds shall have been appropriated.
V.
REIMBURSEMENT PROCESS
The COUNTY agrees to reimburse the CITY for 50% of the actual eligible PROJECT costs in
an amount not to exceed $13,910,000.00. The COUNTY's reimbursement will be in accordance
with the reimbursement schedule shown in Attachment A. Any reimbursement request from the
CITY should include: 1) a copy of the invoice or billing for design services, right-of-way acquisition
purchase, and construction; and 2) a copy of the check, a certification letter, or other documentation
to verify the CITY's proof of payment. The final reimbursement payment to the CITY will be
contingent upon the City Manager or Mayor providing written notification to the COUNTY that the
project is complete along with identification of final project costs.
The CITY understands that the CITY will be responsible for cost overruns and any other
expenses incurred by the CITY in performing the services described herein.
VI.
AGENCY -INDEPENDENT CONTRACTOR
Neither the COUNTY nor any employee thereof is an agent of the CITY, and neither the CITY
nor any employee thereof is an agent of the COUNTY. 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.
The COUNTY will have no right to control the manner or means of construction of the CITY's
contractor for this 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 person other than a party to this ILA may bring 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 under Texas law.
Cromwell Marine Creek Road Widening Funding ELA. 2021 Transportation Bond Program Page 3
IX.
AUDIT=OF RECORDS
The CITY's records regarding this PROJECT shall be subject to audit by the COUNTY during,
the term of this ILA and for five years after the completion of the PROJECT.
ENTIRE AGREEMENT
This ILA represents the entire understanding of and between the parties and superseded all prior
representations. This ILA may not be varied orally but must be amended by written document of
subsequent date dulyexecuted by these parties.
M.
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 COUNTY retains control over ,the reimbursement payment schedule
identified in Attachment A. The COUNTY, agrees to notify the CITY of any changes to the
reimbursement payment Schedule 30 days in advance, if such changes are -the result. of COUNTY
r requirements.. Such notification will be in the form of written correspondence by e-niaiI or regular
mail.
XIII.
TERMINATION
Until funded by the COUNTY as described in Section V, this ILA may be terminated.by either
party, by providing written notice to the other parry at least thirty (30) days prior to,the intended date
of termination. Such notice shall be deemed given when personally delivered or mailed by certified
or registered mail (with return -receipt and postage prepaid) and addressed to:
COUNTY: CITY:
County Administrator City Manager
Tarrant County City of Fort Worth
100 E. Weatherford Street, Ste. 404 1000 Throckmorton Street
Fort Worth, Texas 76196' Fort Worth, TX 76102
Cromwell Marine Creek Road Widening Funding ILA: 2021 Transportation Bond Program Page 4
XIV.
SOVEREIGN POWERS
The COUNTY and the CITY agree and understand neither Party waives nor surrenders any of
its governmental powers by execution of this ILA.
APPROVED on this day the 14 day of , 2023, by Tarrant County.
Commissioners Court Order No.
TARRANT COUNTY, TEXAS
Tim O'Hare, County Judge
APPROVED AS TO FORM:
Crirni 1 strict Attob6eys Office*
CITY OF FORT WORTH
W
Wiltiam Johnson (Ma i3, 2D2315:06 CD
William Johnson, Assistant City Manager
Mack (Mar 13, 2023 69 n1
City Attorney
M&C 23-0154 (Rec 1) 2/28/23
* By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed
this document as to form from our client's legal perspective. Other parties may not rely on this approval_
Instead, those parties should seek contract review from independent counsel.
CER TIFICA TION OF A VAILABLE FUNDS IN THE AMOUNT OF
$ 36-0kovv.40 asfollows:
Fiscal year ending September 30, 2023: $350,000.00
Fiscal year ending September 30, 2024: $5,277,717.00
Fiscal year ending September 30, 2025: $5,236,957.00
Fiscal year ending September 30, 2026: $3,045,326.00
I $13,910,000.00
01 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Auditor's Office
Cromwell ]Marine Creek Road Widening Funding ILA: 2021 Transportation Bond Program Page 5
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Jannette Goodall
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT A
Proiect Information
Jurisdiction: City of Fort Worth
Project Name: Cromwell Marine Creek Road Widening
Proiect Schedule (bv monthlvear
Start Date Duration (mo.) End Date
Design: Oct-20 32 Jun-23
ROW Acquisition: Apr-22 20 Dec-23
Construction: _ Jan 24 28 May-26
County Pavment by Phase*
Design: $350,000.00
ROW Acquisition: $1,350,000.00
Construction: $12,210.000.00
TOTAL: $13, 910, 0 00.00
TBP Funding Category: 2021 Call for. Projects
*Invoice Schedule
Design = Completion of Design Phase
ROWAcquisition = Completion of Property Acquisition and/or utility relocation
Construction =Monthly or quarterly throughout the construction period:
Reimbursement payments will be issued by the COUNTYfor eligible expenses incurred
during the Fiscal Year for which bond funds are certified by the Tarrant County Auditor.
Reimbursement Schedule by Fiscal Year Quarter (SUBJECT TO CHANGEI
1 ct Oilntfar 7.nd Oiinrter 3rd Onarter 4th Ouarter
FY2023
FY2024
FY2025
FY2026
Total
$0.00
$0.00
$350,000.00
$0.00
$350,000.00
$1,350,000.00
$1,309,239.00
$1,309,239.00
$1309,239.00
$5,277,717.00
$1309,239.00
$1,309,239.00
$1309,239.00
$1,309,240.00
$5,236,957.00
$1,309,239.00
$1,309,239.00
$426,848.00
$0.00
$3,045,326.00
Cromwell Marine Creek Road Widening FundinglLA: 2021 Transportation Bond Program
Page 6
3/3/23, 5:11 PM
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
Official site of the City of Fort Worth, Texas
FORT WoRm
DATE: 2/28/2023 REFERENCE M&C 23-0154 LOG NAME: 202021TARRANTCO
NO.: BONDILA
NON- PUBLIC
CODE: C TYPE: CONSENT HEARING: NO
SUBJECT: (CD 2, CD 7, and CD 8 / Future CD 2, CD 7, CD 8, and CD 10) Authorize Execution of Six
Interlocal Agreements with Tarrant County to Receive 2021 Tarrant County Transportation
Bond Funds in the Collective Amount of $78,410,000.00 to Supplement City of Fort
Worth's 2022 Bond Program Arterial Projects with City Participation in the Approximate
Amount of $121,353,876.00, Adopt Appropriation Ordinance and Amend the Fiscal Years
2023-2027 Capital Improvement Program (2022 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Interlocal Agreement with Tarrant County for the Cromwell Marine Creek Road
project (City Project No. 101012) withTarrant County funds in the amount of $13,910,000.00 and City
participation in the amount of $ 23,330,000.00;
2. Authorize execution of an Interlocal Agreement with Tarrant County for the Avondale Haslet Road project
(City Project No. 101014) with Tarrant County funds in the amount of $19,300,000.00 and City
participation in the amount of $29,600,000.00;
3. Authorize execution of an Interlocal Agreement with Tarrant County for the Bonds Ranch Road and
Wagley Robertson Road project (City Project No. 103278) with Tarrant County funds in the amount of
$12,400,000.00 and City participation in the amount of $20,007,000.00;
4. Authorize execution of an Interlocal Agreement with Tarrant County for the WJ Boaz Road project (west -
half) (City Project No. 103299) with Tarrant County funds in the amount of $10,700,000.00 and City
participation in the amount of $16,600,000.00;
5. Authorize execution of an Interlocal Agreement with Tarrant County for the Everman Parkway project
(City Project No. 103271) with Tarrant County funds in the amount of $15,350,000.00 and City
participation in the amount of $26,066,876.00;
6. Authorize execution of an Interlocal Agreement with Tarrant County for the Intermodal Parkway
project (City Project No. 103332) with Tarrant County funds in the amount of $6,750,000.00 and City
participation in the amount of $5,750,000.00;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Intergovernmental Contribution Fund in the collective amount of $78,410,000.00, from Tarrant County
contributions, for the purpose of funding 1) $13,910,000.00 for the Cromwell Marine Creek Road project
(City Project No. 101012), 2) $19,300,000.00 for the Avondale Haslet Road project (City Project No.
101014), 3) $12,400,000.00 for the Bonds Ranch Road and Wagley Robertson Road project (City Project
No. 103278), 4) $10,700,000.00 for the WJ Boaz Road project (City Project No. 103299), 5)
$15,350,000.00 for the Everman Parkway project (City Project No. 103271), and 6) $6,750,000.00 for
the Intermodal Parkway project (City Project No. 103332); and
8. Amend the Fiscal Years 2023 - 2027 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication is to authorize execution of six interlocal agreements
(ILAs) with Tarrant County, totaling to an amount of $78,410,000.00 with City participation in the expected amount
of $121,353,876.00 and to appropriate the Tarrant County 2021 Transportation Bond funds. These ILAs are
established on an annual basis and are subject to yearly renewal throughout the life of the projects.
On January 28, 2021, Tarrant County issued a "call for projects" to all the communities within their jurisdiction.
They received about 196 submittals from 24 municipalities for projects totaling approximately $1.6 billion.
apps.cfwnet.org/council_packet/mc_review.asp?ID=30781 &councildate=2/28/2023 1/3
3/3/23, 5:11 PM
M&C Review
The City of Fort Worth submitted twenty-five projects requesting a total of $146,625,000.00 in County funding. The
Commissioner's Court formed a Project Evaluation Committee (PEC) to review all submittals and to recommend
priority for selection. The PEC developed ranking criteria to rank all the projects. As a result, six arterial projects
from the city of Fort Worth submittals were selected to receive funding from the Tarrant County transportation bond
program.
On Aug 3, 2021, Tarrant County awarded funding to six city arterial roadways, five of which are identified in the
City's 2022 Bond Program, for a total amount of $78,410,000.
The following table lists the total project budgets and current and future appropriations:
Project
Existing City
Funding
Future City
Funding
Tarrant County
ILA
Project Total
101012 - Cromwell -Marine
Creek
$23,330,000.00
$0
$13,910,000.00
$37,240,000.00
101014 -Avondale Haslet
Road
$29,600,000.00
$0
$19,300,000.00
$48,900,000.00
103278 - Bonds Ranch-
Wagley Robertson
$20,007,000.00
$0
$12,400,000.00
$32,407,000.00
103299 - WJ Boaz Road
$10,450,000.00
$6,150,000.00
$10,700,000.00
$27,300,000.00
103271 - Everman Parkway
$14,966,876.00
$11,100,000.00
$15,350,000.00
$41,416,876.00
103332 - Intermodal
Parkway
$5,750,000.00
$0
$6,750,000.00
$12,500,000.00
Project Total
$104,103,876.00
$17,250,000.00
$78,410,000.00
$199,763,876.00
Appropriations for the Tarrant County ILAs were not included in the Fiscal Years 2023-2027 Capital Improvement
Program due to ILA negotiations with the County not being completed at the time of the CIP development. The
actions in this M&C will amend the Fiscal Years 2023-2027 Capital Improvement Program as approved in
connection with Ordinance 25773-09-2022.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, execution of the Interlocal
Agreements and adoption of the attached appropriation ordinance, funds will be deposited in the
Intergovernmental Contribution Fund. The Transportation and Public Works Department (and Financial
Management Services) is responsible for the collection and deposit of funds due to the City. Prior to expenditures
being incurred, the Transportation and Public Works Department has the responsiblity of verifying the availability
of funds.
TO
Fund
Department
Account Project
Program
Activity
Budget
Reference #
Amount
ID
�D
Year
Chartfield 2
FROM
Fund Department
Account Project
Program
Activity
Budget
Reference #
Amount
ID
ID
Year
(Chartfield 2)
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
William Johnson (5806)
Lauren Prieur (6035)
Monty Hall (8662)
apps.cfwnet.org/council_packet/mc_review.asp?ID=30781 &councildate=2/28/2023 2/3
313/23, 5:11 PM
ATTACHMENTS
M&C Review
2022 City Bond Proj with 2021 TC Bond Participationmap.pdf (Public)
ILA FID Table.XLSX (CFW Internal)
ORD.APP202021TARRANTCO BONDILA 30106 A023(r7)_(2.10.23).docx (Public)
apps.cfwnet.org/council_packet/mc_review.asp?ID=30781 &councildate=2/28/2023 3/3
101012-CSCO-Cromwell Marine
County Funding ILA
Final Audit Report
Created: 2023-05-10
By: Andrea Munoz (Andrea. M unoz@fortworthtexas.gov)
Status: Canceled / Declined
Transaction ID: CBJCHBCAABAApOa4JHkANg2PT2Y8t2BT67Hz9cAC11xp
Crk Rd-
2023-05-11
"101012-CSCO-Cromwell Marine Crk Rd- County Funding ILA"
History
Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov)
2023-05-10 - 8:49:24 PM GMT- IP address: 204.10.90.100
Document emailed to Allison Tidwell (allison.tidwell@fortworthtexas.gov) for filling
2023-05-10 - 8:50:43 PM GMT
Email viewed by Allison Tidwell (allison.tidwell@fortworthtexas.gov)
2023-05-11 - 6:55:00 PM GMT- IP address: 204.10.90.100
Document declined by Allison Tidwell (allison.tidwell@fortworthtexas.gov)
Decline reason: Missing signature block for the City Secretary to sign.
2023-05-11 - 6:55:43 PM GMT- IP address: 204.10.90.100
FORTW❑RTHg I Paw m"Y
Adobe
Acrobat Sign
"A I * Be
COMMISSIONERS COURT
}; COMMUNICATION
REFERENCE NUMBER
PAGE I OF 7
DATE: 05/02/2023
SUBJECT: APPROVAL OF AN INTERLOCAL AGREEMENT WITH THE CITY
OF FORT WORTH RELATED TO THE CROMWELL MARINE
CREEK ROAD WIDENING PROJECT - 2021 TRANSPORTATION
BOND PROGRAM
*** CONSENT AGENDA ***
COMMISSIONERS COURT ACTION REQUESTED
It is requested that the Commissioners Court approve an Interlocal Agreement (ILA) with the City of
Fort Worth to provide funding through the 2021 Transportation Bond Program (TBP) for the
Cromwell Marine Creek Road Widening Project.
BACKGROUND
On August 3, 2021, the Commissioners Court, through Court. Order #136021, accepted a prioritized
list of thirty-three (33) projects recommended by the participating cities and the Court -appointed
Project Evaluation Committee (PEC) for funding in the Call for Projects category of the 2021 TBP.
The Cromwell Marine Creek Road Widening Project is included in the approved list of projects.
With voter approval of Proposition A on November 2, 2021, and with Commissioner Court approval
of the issuance of bond funds on May 24, 2022, through Court Order #138185, the County is now
proceeding with the execution of an ILA with the City of Fort Worth related to the Cromwell Marine
Creek Road Widening Project. This project will be funded through the 2021 TBP.
This project is for the construction (or reconstruction) of Cromwell Marine Creek Road from Boat
Club Road to Marine Creek Parkway. This project consists of widening and reconstructing 2.2 miles
of existing two-Iane asphalt roadway to a four -lane divided concrete urban arterial, and includes curb
and gutter, internal drainage, two major creek crossings, a bridge crossing, streetlights, traffic signals,
modification of existing roundabout at Marine Creek Parkway, and shared use paths. The
reconstruction will also include 'the construction of a major culvert crossing to carry the 100-year
design storm.
This ILA has been reviewed by the Auditor's Office and approved as to form by the Criminal District
Attorney's Office.
FISCAL IMPACT
The fiscal impact to Tarrant County for FY 2023 will be S350,000.00 in 2021 TBP funds to be
disbursed in accordance with the schedule in Attachment A of this ILA. Funds are available in account
579061 /47800-2023/6840100000,
SUBMITTED BY:
Transportation
PREPARED BY:
Abbas Rastandeh
APPROVED BY:
Randy Skinner