Loading...
HomeMy WebLinkAboutContract 61871CSC No. 61871 STATE OF TEXAS § Interlocal Agreement for § West Bonds Ranch Road Widening and COUNTY OF TARRANT § Wagley Robertson Road Extension 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: 1. 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 West Bonds Ranch Road from Wagley Robertson Road to West of US 287. This project will include approximately one mile of a 4-lane divided concrete urban arterial that includes curb and gutter, internal drainage, three major creek crossings, an at -grade railroad crossing, streetlights, traffic signals, and shared use paths. The existing roundabout will be modified to a multi- lane roundabout at the US 287 Southbound Frontage Road. This project will also include about 350 feet of Wagley Robertson Road north and south of West Bonds Ranch Road. II. SCOPE OF SERVICES PROVIDED BY CITY The services to be provided by the CITY shall include, but are not limited to, the following: West Bonds Ranch Road/Wagley Robertson Road ILA: 2021 Transportation Bond Program Page 1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 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, 2026, 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 West Bonds Ranch Road/Wagley Robertson Road ILA: 2021 Transportation Bond Program Page 2 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. V. REIMBURSEMENT PROCESS The COUNTY agrees to reimburse the CITY for 50% of the actual eligible PROJECT costs in an amount not to exceed $12,400,000.00. 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: $1,750,000.00 $200,000.00 $10.450.000.00 $12,400,000.00 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 West Bonds Ranch Road/Wagley Robertson Road ILA: 2021 Transportation Bond Program Page 3 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. 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: 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 West Bonds Ranch Road/Wagley Robertson Road ILA: 2021 Transportation Bond Program Page 4 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. 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. 60- APPROVED on this day the day of &0jU,,5e , 2024, by Tarrant County. Commissioners Court Order No. I �(pd,q . TARRANT COUNTY, TEXAS r Tim O'Hare, County Judge APPROVED AS TO FORM. - Criminal District Attorney's Office* CITY OF FORT WORTH Jesica McEachern, Assistant City Manager Douglas Black (Jun 13, 202416:05 CDT) City Attorney M&C 23-0154 M&C Date: 2/28/2023 aonno pfe,F°°° a° g �-1 j g =0 .:l1�smAu oaoan�o�s�` City Secretary (If applicable) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX West Bonds Ranch Road/Wagley Robertson Road ILA: 2021 Transportation Bond Program Page 5 * 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: 7o $ �, r<��1� ®n- -tv as follows: F' yea end' g nmboq /�,2024- $4.127.085.00 2021 TBP Call for Projects - Pct 3 Auditor's Offic West Bonds Ranch Road/Wagley Robertson Road ILA: 2021 Transportation Bond Program Page 6 3/3/23, 5A1 PM M&C Review CITY COLINCIL AGENDA Create New From This M&C DATE: 2/28/2023 REFERENCE NO.. CODE: C TYPE: M&C 23-0154 LOG NAME NON- PUBLIC CONSENT HEARING. O hca! site of the City of 'Fort `,Emt i-exas FoRTWORT 11 *4"� 202021 TARRANTCO BONDILA 70u 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 1/3 313/23, 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 101012 - Cromwell -Marine Creek 101014 - Avondale Haslet Road 103278 - Bonds Ranch- Wagley Robertson 103299 - WJ Boaz Road 103271 - Everman Parkway 103332 - Intermodal Parkway Project Total Future City Tarrant County Project Total Funding ILA $13,910,000.00 $37,240,000.00 $48,900,000.00 $32,407,000.00{ $27,300,000.00 $41,416,876.00 $12,500,000.001 $199,763,876.001 Appropriations for the Tarrant County ILAs were not included in the Fisca (ears 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. Existing City Funding $23,330,000.00 $29,600,000.00 $20,007,000.00 $10,450,000.00 $14,966,876.00 $5,750,000.00 $104,103,876.00 FISCAL INFORMATION/CERTIFICATION: $0 $0 $0 $6,150,000.00 $11,100,000.00 $0 $17,250,000.00 $19, 300,000.00 $12,400,000.00 $10,700,000.00 $15,350,000.00 $6,750,000.00 $78,410,000.00 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 �- --- I ID - -- I ID a I I - -- -I-Year I--(Chartfield 2)- I -- - FROM IFund Department Account Project Program Activity Budget Reference # Amount I ID I I ID I I I Year I (Chartfield 2) Submitted for City Manager's Office by: William Johnson (5806) Originating Department Head: Lauren Prieur (6035) Additional Information Contact: Monty Hall (8662) apps.cfwnet.org/council_packet/mc review.asp?ID=30781&councildate=2/28/2023 2/3 3/3/23, 5:11 PM ATTACHMENTS M&C Review 2022 Citv Bond Proi with 2021 TC Bond ParticirnationmaD.ndf (Public) ILA FID Table.XLSX (CFW Internal) ORD.APP202021TARRANTCO BONDILA 30106 AO23(r7) (2.10.23).docx (Public) apps.cfwnet.org/council_packeUmc review.asp?ID=30781&councildate=2/28/2023 3/3 bq�- I q -�� D4/ COMMISSIONERS COURT REFERENCE NUMBER COMMUNICATION PAGE l of 11 DATE: 08/06/2024 SUBJECT: APPROVAL OF AN INTERLOCAL AGREEMENT WITH THE CITY OF FORT WORTH RELATED TO THE WEST BONDS RANCH ROAD WIDENING AND WAGLEY ROBERTSON ROAD 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 West Bonds Ranch Road Widening and Wagley Robertson Road Extension project - 2021 Transportation Bond Program (TBP) located in Precinct 3. 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 W. Bonds Ranch Road and Wagley Robertson Road Extension 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 W. Bonds Ranch Road and Wagley Robertson Road Extension project. This project will be funded through the 2021 TBP, CFP funding category. This project consists of the construction (or reconstruction) of W. Bonds Ranch Road from Wagley Robertson Road to West of US 287 at the roundabout. This project will include approximately one (1) mile of a four (4) lane divided concrete urban arterial that includes curb and gutter, internal drainage, three (3) major creek crossings, an at -grade railroad crossing, streetlights, traffic signals, and shared use paths. The existing roundabout will be modified to a multi -lane roundabout at the US 287 Southbound frontage road. This project will also include extension improvements of about 350 feet of Wagley Robertson Road to the north and improvements to the south of W. Bonds Ranch Road. This ILA has been reviewed by the Auditor's Office and approved as to form by the Criminal District Attorney's Office. SUBMITTED BY: Transportation PREPARED BY: Abbas Rastandeh APPROVED BY: Scott Hall NTH COMMISSIONERS COURT COMMUNICATION t : * REFERENCE NUMBER: DATE: 08/06/2024 PAGE 2 OF 11 FISCAL IMPACT The fiscal impact to Tarrant County for the entire project is $12,400,000.00 in 2021 TBP funds. The fiscal impact for FY 2024 is $4,127,085.00, and is available in account 47800-2024 2021 TBP CFP P3 / 6840100000 Transportation / 579061 County Projects.