HomeMy WebLinkAboutContract 61870CSC No. 61870
STATE OF TEXAS § Interlocal Agreement for
§ Everman Parkway Extension
COUNTY OF TARRANT §
This interlocal 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:
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;
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;
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 of the
extension of Everman Parkway from Rosedale Springs Lane to Cameron Hills Point. The new
extension consists of approximately 0.6 miles of four -lane divided concrete urban arterial that
includes curb and gutter, internal drainage, one major creek crossing, one overpass railroad crossing,
streetlights, and shared use paths.
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 total project costs including construction, right of way acquisition, utility relocation,
engineering, planning, surveying, and governmental approval costs (collectively referred to
Everman Parkway Extension ILA: 2021 Transportation Bond Program Page 1
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 project schedule documenting the percent complete for each major component of
the Project shall be provided to the COUNTY with every reimbursement request;
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 Bond Program"
III.
TERM
This ILA shall become effective upon the approval of both parties and shall terminate on
September 30, 2027, unless terminated as described in Section XII in this ILA or extended in writing
and approved by both parties.
IV.
FISCAL FUNDING ACKNOWLEDGEMENT
Tarrant County bond funds will be encumbered on a fiscal year basis in accordance with the
Certification of Available Funds shown herein. 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 may 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 funds shall
have been appropriated.
Everman Parkway Extension ILA: 2021 Transportation Bond Program Page 2
V.
REIMBURSEMENT PROCESS
The COUNTY agrees to reimburse the CITY for 50% of the actual eligible PROJECT costs in
an amount not to exceed $15,350,000.00. 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. COUNTY bond funds for the Project are
allocated as follows:
County Pavment by Phase*
Design:
ROW Acquisition:
Construction:
TOTAL:
$1,700,000.00
$950,000.00
$12.700.000.00
$15,350,000.00
TBP Funding Category: 2021 Call for Projects
* 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.
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. The CITY agrees that
the COUNTY retains control over when reimbursement payments will be disbursed to the CITY.
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.
Everman Parkway Extension ILA: 2021 Transportation Bond Program Page 3
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.
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.
X.
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 duly executed by these parties.
XI.
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.
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 party 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:
County Administrator
Tarrant County
100 E. Weatherford Street, Ste. 404
Fort Worth, Texas 76196
CITY:
City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
XIII.
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.
Everman Parkway Extension ILA: 2021 Transportation Bond Program Page 4
XIV.
COMPLIANCE WITH LAWS
In providing services required by this Agreement, CITY and any contractors the CITY engages
to perform these services 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 shall be responsible for ensuring its compliance with any laws and
regulations applicable to its business, including maintaining any necessary licenses and permits.
APPROVED on this day the V_ day of 0)1g e , 2024, by Tarrant County.
TARRANT COUNTY, TEXAS
Tim O'Hare, County Judge
APPROVED AS TO FORM.
Criminal District Attorney's Office*
Commissioners Court Order No.
CITY OF FORT WORTH
C>�
Jesica McEachern, Assistant City Manager
Douglas Black (Jun 13, 202416:08 CDT)
City Attorney
M&C 23-0154 M&C Date: 2/28/2023
4� pogr°npa
V aIlIlnn�p4g44
City Secretary (If applicable)
OFFICIAL RECORD
Everman Parkway Extension ILA: 2021 Transportation Bond Program Page 5 CITY SECRETARY
FT. WORTH, TX
* 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.
CERTIFICATION OF AVAILABLE FUNDS IN THE AMOUNT OF:
$ l , j6&( 66 8, Co � as follows:
isc ye nd �SeTn=��
,766,668.00 2021 TBP Call for Projects - Pet 1
f' I,
Auditor's fice
Everman Parkway Extension ILA: 2021 Transportation Bond Program Page 6
3/3/23, 5:11 PM M&C Review
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORT Wo RT li
Create New From This M&C
DATE: 2/28/2023 REFERENCE M&C 23-0154 LOG NAME: 202021TARRANTCO
NO.: BONDILA
CODE: C TYPE: NON- PUBLIC 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 II -As 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.
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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 Future City Tarrant County Project Total
Funding Funding ILA
101012 - Cromwell -Marine $23,330,000.00
$0
$13,910,000.00
$37,240,000.00
Creek
101014 -Avondale Haslet $29,600,000.00
$0
$19,300,000.00
$48,900,000.00
Road
103278 - Bonds Ranch- $20,007,000.00
$0
$12,400,000.00
$32,407,000.00
Wagley Robertson
103299 - WJ Boaz Road $10,450,000.00
$6,150,000.00
$10,700,000.00
$27,300,000.001
103271 - Everman Parkway $14,966,876.00
$11,100,000.00
$15,350,000.00
$41,416,876.00
103332 - Intermodal $5,750,000.00
$0
$6,750,000.00
$12,500,000.00
Parkway
Project Total $104,103,876.00
$17,250,000.00
$78,410,000.00
$199,763,876.001
II
Appropriations for the Tarrant County ILAs were not included in the Fisca 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 I
I ID I
I ( Year
(Chartfield 2)
FROM
Department
Account
Project
Program
Activity
Budget
Reference #
Amount
IFund
ID I
I ID
I I Year I
(Chartfield 2)
Submitted for Citv Manaaer's Office
bv:
William Johnson (5806)
Originating Department Head:
Lauren Prieur (6035)
Additional Information Contact:
Monty Hall (8662)
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3/3/23, 5:11 PM
ATTACHMENTS
M&C Review
2022 City/ Bond Proi with 2021 TC Bond Particinationman.pdf (Public)
ILA FID Table.XLSX (CFW Internal)
ORD.APP202021TARRANTCO BONDILA 30106 AO23(r7) (2.10.23).docx (Public)
apps.cfwnet.org/council_packet/me—review.asp?ID=30781 &councildate=2/28/2023 3/3
SUBJECT
COMMISSIONERS COURT
COMMUNICATION
REFERENCE NUMBER
PAGE 1 OF 10
DATE: 08/06/2024
APPROVAL OF AN INTERLOCAL AGREEMENT WITH THE CITY
OF FORT WORTH RELATED TO THE EVERMAN PARKWAY
EXTENSION PROJECT - 2021 TRANSPORTATION BOND
PROGRAM
*** CONSENT AGENDA ***
COMMISSIONERS COURT ACTION REOUESTED
It is requested that the Commissioners Court approve an Interlocal Agreement (ILA) with the City of
Fort Worth related to the Everman Parkway Extension project - 2021 Transportation Bond Program
(TBP) located in Precinct 1.
BACKGROUND
On August 3, 2021, the Commissioners Court, through Court Order 4136021, 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 (CFP) category of the 2021
TBP. The Everman Parkway Extension 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 Everman Parkway
Extension project. This project will be funded through the 2021 TBP, CFP category.
This project consists of the construction of the extension of Everman Parkway from Rosedale Springs
Lane to Cameron Hills Point. The new extension consists of approximately 0.6 miles of four (4) lane
divided concrete urban arterial that includes curb and gutter, internal drainage, one (1) major creek
crossing, one (1) overpass railroad crossing, streetlights, and shared use paths.
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 the entire project is $15,350,000.00 in 2021 TBP funds.
The fiscal impact for FY 2024 is $1,766,668.00, and is available in account 47800-2024 2021 TBP
CFP Pl / 6840100000 Transportation / 579061 County Projects.
SUBMITTED BY: Transportation PREPARED BY: Abbas Rastandeh
APPROVED BY: Scott Hall