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Home My WebLink AboutContract 41507STATE OF TEXAS § § COUNTYOFTARRANT § CITY SECRETARY CONTRACT NO . L\:\5aJ ... KNOW ALL MEN BY THESE PRESENTS INTERLOCAL AGREEMENT This Interlocal Agreement, made and entered into this the d1:{__ '\... day of \:°~c vo...0,,:t , 2010 , by and between the FORT WORTH TRANSPORTATION \ AUTHORITY, acting herein by and through its governing body, and the CITY OF FORT WORTH, acting herein by and through its governing body, both of Tarrant County, State of Texas, witnesseth : WHEREAS, the CITY OF FORT WORTH and the FORT WORTH TRANSPORTATION AUTHORITY have entered into various agreements with the North Texas Tollway Authority (NTTA) to assure the successful completion of the 121 Southwest Parkway pr<?ject (SWP); WHEREAS, the NTTA's design for the SWP in the Forest Park Boulevard and Interstate Highway 30 area (area) called for a detention pond to accommodate the stormwater runoff associated with the SWP unless an alternative method to accommodate the stormwater runoff was constructed by the CITY OF FORT WORTH prior to completion of that section of the SWP ; WHEREAS, the planned path of the FORT WORTH TRANSPORTATION AUTHORITY's Southwest to Northeast rail line project (SW2NE) crosses the proposed site of the NTT A's detention pond; WHEREAS, the CITY OF FORT WORTH , through its stormwater utility , has proposed alternative drainage improvements to address the stormwater issues in that area; however, construction of said improvements is not proposed prior to the completion of that section of the SWP in the area; WHEREAS, the FORT WORTH TRANSPORTATION AUTHORITY has offered to contribute funding for the CITY OF FORT WORTH drainage project if the project is completed in time to preclude the need for the NTT A's planned detention pond ; WHEREAS, this Interlocal Agreement (ILA) is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX WHEREAS, the party or parties paymg for the performance of governmental functions or services shall make payments therefore from current revenues available to the paying party; and WHEREAS, the governing bodies of the two parties find that the project or undertaking is necessary for the benefit of the public; each party has the legal authority to build or maintain a project or to provide such service ; the construction and improvement thereof is in the common interest of both parties hereto ; and the division of costs constitutes adequate consideration to each party . NOW THEREFORE, THE CITY OF FORT WORTH and the FORT WORTH TRANSPORTATION AUTHORITY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this ILA is to facilitate the expedited construction of the alternative drainage improvements as needed due to the proposed SWP in the Forest Park Boulevard and Interstate Highway 30 area as shown in attachment A by sharing the costs of said improvements as stated herein . 2. ALTERNATIVE DRAINAGE IMPROVEMENTS FOR THE SWP IN THE FOREST PARK BOULEY ARD AND INTERSTATE HIGHWAY 30 AREA The CITY OF FORT WORTH shall construct alternative drainage improvements which shall include the replacement of approximately 185' of an existing 8'x7' box culvert, construction of an additional double 8'x7' culvert parallel to the existing system (resulting in 4-8'x 7' culverts), expansion of the existing outfall headwall, and sewer and water relocations and street reconstructions. These alternative drainage improvements will be constructed with the capability to tie into the improvements being constructed by NIT A for its Southwest Parkway project. The CITY OF FORT WORTH will provide oversight and management of the design contract and process for the alternative drainage improvements . Neither the FORT WORTH TRANSPORTATION AUTHORITY nor THE CITY OF FORT WORTH shall in any way be responsible for the design or construction of any other drainage improvements associated with the SWP . lnterlocal for Alternati ve Dr ainage Im prove men ts for 12 1 SWP with the T CRR 0902 10v3 Page -2- 3. PAYMENT The FORT WORTH TRANSPORTATION AUTHORITY shall make payment ofup to but not to exceed two million dollars ($2 ,000,000.00) as consideration for the CITY OF FORT WORTH expediting the construction of the alternative drainage improvements within thirty (30) days of receiving CITY OF FORT WORTH's notice of intent to commence construction of the improvements. 4. TIMELINE The CITY OF FORT WORTH shall commence construction in the Spring of 2011. 5. LIABILITY AND IMMUNITY A. The FORT WORTH TRANSPORTATION AUTHORITY shall be liable for only those claims under which liability is imposed on it by the Texas Tort Claims Act. The CITY OF FORT WORTH will be liable for only those claims under which liability is imposed on it by the Texas Tort Claims Act. B . It is expressly understood and agreed that, in the execution ofthis ILA , neither of the parties waives , nor shall be deemed hereby to waive , any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. C . The parties to this ILA do not intend for any third party to obtain a right by virtue of this Agreement. 6. TERMINATION This Agreement shall terminate automatically upon the completion of the subject matter contemplated herein . lnterlocal for Alternative Drainage Improvements for 121 SWP with the T CAR 090210v3 Page -3- ATTEST: Sr. Ass istant City Attorney Contract Authorizat ioa d-\\S \\\ APPROVED AS TO FORM AND LEGALITY : ,f,:'AM.J ll1l ~a~ '~ia Hartless General Counsel lnterlocal for Alternative Drainage Improvements for 121 SWP with the T CRR 090210v 3 Page -4- CITY OF FORT WORTH: Director, Transportation/ Publ ic Works Department FORT WORTH TRANSPORTATION AUTHORITY: Fi~ President/Ex ecutive Director OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT A MAP OF THE AREA FOR IMPROVEMENTS lnterlocal for Alternative Drainage Improvements tor 121 SWP with the T CAR 090210v3 Page -5 - MAYOR AND COUNCIL COMMUNICATION MAP Forest Park-Parkview Storm Drain Rehabilitation DETAIL OF PROJECT LOCATION Council District 9 Project No. 00674 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/15/2011 -Ordinance Nos. 19556-02-2011 and 19557-02- 2011 DA TE: Tuesday , February 15 , 2011 REFERENCE NO.: G-17211 LOG NAME: 20FOREST PARK ILA IFL SUBJECT: Authorize lnterlocal Agreement with The Fort Worth Transportation Authority for the Acceptance of $2 ,000 ,000 .00 Towards the Construction of Storm Drain Improvements Near the Forest Park Boulevard , Interstate Highway 30 Intersection , Authorize a Five Year Interest Bearing Loan from the Aviation Endowment Gas Lease Fund to the Stormwater Utility Fund in the Amount of $3 ,500 ,000 .00 and Adopt Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an lnterlocal Agreement with The Fort Worth Transportation Authority for the acceptance of $2 ,000 ,000 .00 towards the construction of storm drain improvements near the Forest Park Boulevard/Interstate Highway 30 Intersection; 2 . Authorize a five year interest bearing (4 .34 percent) inter-fund loan from the Aviation Endowment Gas Lease Fund to the Stormwater Utility Fund in the amount of $3 ,500 ,000.00 for interim financing of this project, pend ing contract execution ; 3. Adopt the attached appropriation ordinance increasing appropriations in the Stormwater Utility Fund in the amount of $3 ,500 ,000.00 and authorize the transfer of $3 ,500,000.00 from the Stormwater Utility Fund to the Stomwater Capital Projects fund ; and 4. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the Storm Water Capital Projects Fund by $5 ,500 ,000.00 ($3 ,500 ,000.00 + $2,000 ,000.00). DISCUSSION: As a part of the North Texas Tollway Authority's (NTTA) Southwest Parkway Project (SWP). a detention pond was planned near the Forest Park Boulevard/Interstate Highway 30 intersection . The location for the proposed pond was directly in the planned path of The Fort Worth Transportation Authority's (The T) Southwest to Northeast (SW2NE) rail line. For The T to work around the detention pond would have significantly increased the cost of the SW2NE project and created an ongoing maintenance issue. The City's Storm Water Utility has under design a drainage project for that area that will ultimately obviate the need for the proposed detention pond . The estimated cost of the City's construction project is $9 million. Based on flood control priorities, the City did not plan to construct this project for at least five years. The section of the SWP project related to this issue is planned for construction in 2011 and the NTTA intended to construct the detention pond unless the City's drainage project was expedited such that the City-planned drainage improvements were in place prior to the completion of this section of the SWP. In order to expedite the City's project, The T offered to donate $2 million toward the cost of construction if the project would be constructed in a timeframe such that the NTT A would agree not to build the detention pond . The remaining expected construction cost after this donation is $7 million (inclusive of right-of-way htto://aoos.cfwnet.org/e council/orintmc .aso ?id= 14 73 5&orint=true&D ocTvoe=Print 2/1:'i/2011 • Page 2 of2 costs, construction management and contingency). Staff does not believe that this project is high enough priority to spend $7 million (approximately 28 percent of Storm Water capital funding available for 2011) to expedite this project. The Aviation Endowment Gas Lease Fund is able to provide an inter-fund loan to the Stormwater Utility in the amount of $3.5 million with a five year payback at 4 .34 percent interest (interest rate is current 10 year treasury bill rate plus 1 percent). The Financial Management Services Department has asserted that this loan can be made in compliance with Section 402.49 of the Local Government Code which requires that "the income of the drainage utility system be segregated and completely identifiable in municipal accounts." The Stormwater Utility Fund will repay the principal and interest over five years and the first year of repayment was included in the City's Fiscal Year 11 adopted annual budget. With this loan and the donation of The T, City staff recommends expediting construction of the drainage project with the following breakdown of the cost of construction: Storm Water Utility revenue bonds $3.5 million !Aviation Gas Well revenue loan $3.5 million Donation from The T $2 .0 million Total $9.0 million FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated , of the Stormwater Capital Projects Fund . FUND CENTERS: TO Fund/Account/Centers 2 PE69 222125 0000000 3 P228 476069 209280067483 4 P228 488100 209280067483 4 P228 476069 209280067483 ~ P228 541200 541200 FROM Fund/Account/Centers $3,500,000 .00 2 T125 137069 000125099901 $3,500,000.00 3) PE69 538040 0209000 $2,000,000.00 $3,500 ,000.00 $5.500.000 .00 CERTIFICATIONS: er's Office b Additional Information Contact: ATTACHMENTS 1. 20FOREST PARK ILA IFL REC3.doc (Public) 2. 20FOREST PARK ILA IFL REC4 .doc (Public) Fernando Costa (6122) William Verkest (7801) Joe Komisarz (2662) 3. Accounting records M&C 20FOREST PARK ILA IFL.pdf (CFW Internal) 4 . Five Year Projection.pdf (CFW Internal) 5. Forest Park ILA.pdf (CFW Internal) 6. History and Source of Revenues.pdf (CFW Internal) 7. M_AND_C_00674.Qdf (Public) 8. Operating Results & Conclusions.pdf (CFW Internal) http://apps.cfwnet.org/ecounciVprintmc.asp?id= 14 73 5&print=true&Doc Tvoe=Print $3,500 000 .00 $3.500 ,000 .00 ?./1 'i/?O 11 December 9, 2010 Greg Simmons City of Fort Worth FORT WORTH TRANSPORTATION AUTHORITY 1600 E. Lancaster Avenue • Fort Worth , Texas 76102-6720 • {817) 215-8700 1000 Throckmorton Street Fort Worth, TX 76102 RE: ILA Between the City of Fort Worth and The Fort Worth Transportation Authority (The T) Dear Mr. Simmons: Enclosed you will find two original copies of the aforementioned ILA. The T has executed both copies , please have your officials execute and return one fully executed original. Please feel free to contact me if you should have any questions. 7 /} Sincere ,y, / i/~//, __ ~ • I..; I .. G-i G 1e ez / Legal Coordinator gg/Enclosures CITY BUS SERVICE • COMMUTER RAIL SERVICE • SERVICE FOR THE MOBILITY IMPAIRED • CARPOOL & VANPOOL MATCHING