HomeMy WebLinkAboutContract 62395STATE OF TEXAS §
§ COUNTY OF TARRANT §
Interlocal Agreement for
Herit�ge Park Roadway
and Pedestrian Improvements
CSC No. 62395 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 2006 Transportation Bond Program (2006 TBP) and 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 fi_ndings of fact: l.This ILA is made pursuant to Ch apter 791 of the Texas Government Code arid the TarrantCounty 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 thisILA;5.The division of costs provided in this ILA constitute adequate consideration to each party;and6.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, nodisclosure of interested parties is required.I.
PROJECT DESCRIPTION This project, hereinafter referred to as the "PROJECT", will consist of the construction (or reconstruction) of the Heritage Park; BUS 287 to Weatherford Street Project which includes the adjustment of the turning radii on Main Street and N. Houston Street north ofBelknap Street and the elimination of the bailout lane adjacentto Paddock Park (E. Bluff Street), the elimination of the eastbound counter-flow bus lane on Belknap Street between Throckmorton and N. Houston Streets and the addition of new traffic signals, ped�strian signals and �treetscape eleme�ts such as sidewalks, bulb-outs, pedestrian lighting and street trees on Belknap Street and Weatherford Street at their intersections with Throckmorton Street, Houston Street, Main Street and Commerce Street. On Belknap Street from·Houston Street to Commerce Street, the improvements will consist of new concrete pavement including necessary construction detour arrangements, asphalt removal, subsurface preparation for concrete, and a new street surface of colored, stamped concrete replicating a Heritage Park Roadway and Pedestrian Improvements ILA: 2021 Tra'!sportation Bond Program Page 1
brick pattern with new lane markings, reflective markers and other safery devices. .'
II. -
SCOPE OF SERVICES PROVIDED BY CITY
TheJservices to be pro�ided 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 govez�nmental approval costs (collectively referred to
as "Costs");
B. Fallowing project completion, the C�TY will provide the overall total� project cast summary
with final cost�share between funding partners;
C. Construction agreement administration, site review, permitting, and inspection;
D. The CITY agrees to faciIi�ate the efiicient operations' o�the Project through ongoing
transportation sys�em maintEnance efforts, including signal timing optimization as
applicable;
E. Interagency coordination, incIuding CITY notification to the North Central Texas Council
of Go�ernment (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 COLJNTY with every reimbursement request;
G. The CITY agrees to invite the COLTNTY to any project groundbreaking or ribban cutting�
events; and •
H. The CITY will include the following Ianguage on all public notices, web pages, and on-site
signage related to the Project:
"This project is funded by the_City of k'ort Worth and the Tarrant County Commissioners
' Gourt through the Tarrant County 2006 • and 2021 Transportation Bond Programs, Precinct
1: Commissioner Roy Charles Brooks."
III.
TERM
This ILA shall become effective upon the appro�al of both parties and shall termiriate on
September30, 2027, unless terminated as described in Section XII.in this II.A or extended in writing
and approved by both parties.
Heritage Park Rosdway and Pedestrian Improvenicnts ILA: 2021 Traosportation Bond Program Page 2
IV.
FISCAL FUNDING ACKNOWLEDGEMENT
Tar�rant County bond funds will be encumbered on a�iscal year basis in accordance with the
Certifcation of Available Funds shown herein. �n the event no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable by any means whatsoe�er in any fiscal
period for payments due under this ILA, then the affected party wil( immediately notify the other
party of such occurrence and this ILA may be terminated on the last day o£ 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 iar which funds shaIl
have been appropriated.
v.
REIMBURSEMENT PROCESS
The COUNTY agrees to reimburse the CITY for the actual eligible PROJECT costs in an amount
not to exceed $2,000,000.00. Any reimbursement reauest 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 tne check, a certification letter, or other documentation to verify the C�TY'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 alIocated as follows:
Coanlv Pavment bv Phase*
Design:
ROW Acquisition:
Construction:
TOTAL:
$O.dO
$0.00
$],000,000.00 (2006 TBP)
$1.000,000.00 (2021 TBP)
$2,040,000.00
TBP Funding�Category: 2006 Pct 1 Discretionary and 2021 �'ct 1 Discretianary
* Reimbursement payments tivill be issued hy the CO�UNTYfor eligible expenses incurred
during the Fiscal Year for which bond funds are certified hy the Ta►•rant County Audito�-.
The CITY understands that the CITY wifl be responsible for cast overruns and any other
expenses incurred by the CITY in performing the services described herein. The CITY agrees that
the COLTNTY retains control over when reimbursement payments �vill 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 CYTY
nor any employee thereof is an agent of the COLTNTY. This ILA does not and shall not be construed
to entitle either party or any of their respective employees, if applicab�e, to any benefit, privilege or
Hcritagc Park Roadway and Pedestrian Improvements TLA: 2Q21 Transportation Bond Program Page 3
other amenities of employment by the otlier party.
The COiJNTY will have no right to control the manner or" means of construction of the CITY's
contractor �or this PROJECT. �
VII.
ASSIGNMENT
Neither party may assign, in whole nor in part, any interest it may have in this ILA wifhout the
prior written consent of the other party. . .
VIiI.
TFiIRD-PARTY BENEF�CIARY EXCLUDED
No person other than a party to this ILA may bring a cause of action pursuant to this ILA as a
third-�arty 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 ha�e immuniry under Texas Iaw.
IX. -
AUDIT OF RECORDS
The CITY's records regarding this PROJECT shall be subject to audit by the COUNTY during
the tez-rr� o£ this iL,A and for five years after the completion of the PROJECT.
X.
ENTIRE AGREEMENT
This ILA represents the entire understanding oi and between the parties anc� supersedes all prior
representations. Thzs 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 shaIl he governec� 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
iTntil funded by the COUNTY as described in Section V, this ItiA may be terminated by either
party by providing written notice to the other party at least thirty (30) days`priar to ihe intended date
, of termination. Such notice shall be deemed given when personally delivered or mailed �y certified
or registered mail (with return-receipt and pos�age pre�aid) and addressed to:
Heritabe Park Roadway and Pedestrian Improvements ILA: 2021 Transportation Sond Program Page 4
COUNTY: County Administrator Tarrant County I 00 E. Weatherford Street, Ste. 404 Fort Worth. Texas 76196
XIII.
CITY: City Manager City of Fort Worth I 00 Fort Worth Trail Fort Worth, TX 76102
SOVEREIG 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
ln providing services required by this Agreement, CJTY and any contractors the ClTY engages to perform these services must observe and comply with all applicable federal, state and local statutes. ordinances, rules and regulations, including. v ithout limitation. workers' compensation laws, minimum and maxim um 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 \9<.fi\day of lJo ✓UV' � , 2024, by Tarrant County.
TARRANT COU TY, TEXAS
Tim o·Hare. County Judge
APPROVED AS TO FORM:
Criminal District Attorney's Office*
Commissioners Court Order o. l '-f lf3 I 0
CITY OF FORT WORTH
Jesica McEachern, Assistant City Manager
M&C 24-0813 Date: 9/17/2024
Douglas Black (Oct 4, 202410:36 COT) City Attorney
lleritagc Park Roadway and Pedestrian Improvements I LA: 2021 Transportation Bond Program Page 5
City Secretary
•By law, the Criminal District Anomey's Office may only approve contracts for its clients. We reviewed
this document as to fonn from our client's legal perspective. Other parties may not rely on this approval.
Instead, those parties should seek contract review from independent counsel.
CERTIFICATIO OF AVAILABLE FUNDS I THE AMOU T OF: �-�,r$ 0.DD a�follows:
Fiscal year ending September 30. 2025: $9,,00 2006 Pct I Discretionary
vfUt '}v[.f:�'--4-VAuditor's Office
Heritage Park Roadway and Pedestrian Improvements ILA: 2021 Transportation Bond Program Page 6
����' ��eVk�44`
CITY CDUNCIL AGENDA
Pa�,e i ot 3
Dfficial site oF the CiC� � F;;rt 1'lcr�n, Texas
FORT ��VORTH
�.`'��
Create New From This M8C
REFERENCE '�M&C 24 2024 80 HERITAGE PARK; BUS
DATE: 9�1 ��2�24 NO.: 0813 LOG NAME: 287 TO WEATHERF'ORD
COUNTY [LA
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: {C� 9) Autf�orize Execution of an Interlocal Agreemer�t with Tarrant County for
Reimburs�ments af City Canstruction Costs in an Amount Not to Exceed $2,Odd,000.00
for the Heritage Park; BUS 287 to Weatherford Street Project, Adopt Appropriation
Ordinance, and Amend the Fiscal Yea�s 2024-2028 Capital improvement Program
RECOMM�NDATION:
It is recommended tha# the City Council:
1. Authorize execution of an Interlocal Agreement with Tarrant County for reimbursement of
eligible City construction costs in an amount not to exceed $Z,000,000.00 for the Heritage
Park; Bus 287 to Weatherford Street project (City Project No. 104146);
2. Adopt the atiached appropriation ordinan�e increasing estimated receipts and appropriations
ir� the Intergovernmental ContrEbution Fund in the amount of $2,OOO,aoa.aa, from future
reimbursements from Tarrant Caunty, for the purpose af funding the �Eeritage Park; Bus 287
to Weathe3rford Street project (City Project No. �04i46); and
3. Amend the Fiscal Year 2024-2028 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Counci6 Communication (M&G) is to authorize the ex�cution of an
Interlocal Agreement (ELA) with Tarrant Caunty in the amount of $2,000,000.00 to provide
r�imbursement funding from Tarrant County for the Heritage Park; BUS 287 to Weatherford Street
pro�ect {City Project No.104146).
On June 28, 2022, with M&C 22-0533, the City Cauncil autharized the execution of an Advanced
Funding Agre�ment (AFA) with the Texas Department of Transporta#ian (TxDOT) for #he Heritage
Park; SUS 287 to Weatherfard Street project. The AFA included $1,000,0OO.Oa in Local funding to be
provided by Tarra�t County as part of a fu#ure ILA. This M&C will a�thorize the execution of this ILA_
In June of 2024, the City offcially requested an addikional $1,Ofl0,000.00 from Tarrant County in
exchange for modifying tf�e projeci scope to include the construction of colored, stamped concrete
replicating a brick pattern along W. Belknap Street between Houston Street and Commerce Street.
The County agreed to pro�ide the additional $1,000,000.00 for a total of $2,0O�,OQO.�Q for the project
per terms ta be agreed to in an ILA far the project, which is the subject of fhis M&C.
Heritage Park and Paddock Park are located i� Downtown Fort Worth on the northern edge of the
Trinity River bluff where tt�e City meets the Trinity Ri�er. Improvements to the two parks and North
Main Street is a key linkage opportunity that will implement a visian 5Q years in the making. This
Heritage Park; BUS 287 to Weatherford Strr�et project is integral to the future success of the o�erail
project.
The Heritage Park; BUS 287 to Weatherford Street projec# includes elEments for enhancing the safe#y
of pedestrian and vehicular movernents. Improved pedestrian safety will be in the form of "bulb-outs"
at the four intersections surrounding the Tarrant County Courthouse and new pedestrian signals at the
street crossings. Vehicular movement irnprovements will include new traffic signals, remo�al of E. Bluff
http:Ilapps.cf�cnetorg/c���incil packeti�nc_revie���.asp`'ID-3?�19Rcouncildate-9,'171?0?=� 91��1''a?�
M&C Re�iew
Page 2 of 3
Stree# on the north side of Paddock Park, geometry modifications to Commerce Street and N. Houston
Street north of BeE[cnap Street, and remo�al of the bus counterflow lane an W. Belknap Street.
F�anding for the project inc[udes local City fur�ds, County funds, Feciera[ funds, and State funds. The
State portion of the grant also includes unappropriated Direct and Indirect Costs in the amount of
$'I,052,631.00. The Ciiy bears the responsibility to pay foc cost o�erruns. The table below sumrr�arizes
funding for the project:
Existing Additional
Fund Funding Funding Project Total
(M&C)
3'l001 - Grants
Capital Projects $6,640,000.00 $0.00 $6,640,000.00
Federal Fund
31003 - Grants
Capital Projects $660,000.00 $0.00 $660,000.00
State Fund
30106 -
Intergor►ernmental $O.Ofl $2,000,000.00 $2,ODO,ODQ.00
Contribut�on Fund
Praject Total � 7,300,000.00 $9,300,0OO.Oa
Funding for this project was not included in the FY2024-2028 Capital Impro�ement Program due to the
addition of the grant dollars after the inception of the project wnich changed the budget needs. The
action in this M&C will amer�d the FY2024-2028 Capital Impro�ement Program as approved in
connection with Ordinance 26453-D9-2023.
�unding will be available in the Intergo�ernmental Contribution Fund for the Transportation and�Public
Works Department for #he Heritage Park; 287 to VIleatherFord 5treet project. .
A business equity goal is not assigned when purchasing from an appro�ed purchasing cooperative or
public entity.
This Projec# is located in COUNCIL D[STRICT 9.
�ISCAL INFORMATIONICERT�FICATION:
The Director of Finance certifies that �pon approval of the above recommencfations, executiQn of fhe
Interlacal Agreernent and adoption of ihe attached appropriation ordinance, funds will be deposited
into the Intergo�ernmental Contributions Fund for the Heritage Park; BUS 287 to Weatherford Street
project. The Transportation and Pu61ic Works Department will be responsibEe for the collection and
deposit of fur�cfs due to the City. Prior to expe�diture being. incurred, the Transportation and Public
Works Department has the responsibiiify to validate the availability of funds.
Department Account Project
1D ID
Fund Department Account Project
ID ID
Submitted for Citv ManacLer's Office by;
Oriainatinq Department Head:
Prvgram � Activity
Program
Budget � Reference # Amount
Year fChartfeld 2)
Budget I Reference # I Amount
Year (ChartfieId 21
Jesica Mc�achern (5804)
Lauren PrieUr (6035)
http://apps.cfwnet.orglcouncil�acket/mc review.asp?ID=32519&councildate=9117/2024 9/25/2024
M&C R�vie���
Additional Inforrnation Contact: Monty Hall (8662}
Pa��e 3 of 3
ATTACHMENTS
2024 8Q HER�TAGE PARK� BUS 287 TO W�ATHERFORD COUNTY ILA U dated FID.xlsx
{GFW lnternal)
M&C Map 24241nterlocalAqreement CPN104146.pdf (Pubiic}
ORD.APP 2024 80 HERITAGE PARK' BUS 287 T� WEATHERFORD COUNTY ILA AO r2
30106.docx (Public)
TBP-2021-For# Worth-Herita e Park BUS 287 to Wea#herford-New Forrnat ILA Final-R01-
Print.�df (CFw Internal)
http://apps.ef�4net.or�/co��ncil_packet�mc_revie�.asp?ID=32�19&councildate-9/17/202� 9/251?024
Mayor & Council Map � CPN #144146 FORTWORTH�.
2024 Interlocal Agreement w��h Tarran� County
Heritage Park; BUS 287 to Weathe�ford Street
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�ORT�ORTHo
��
7une 20`�, 2024
Attti.: ComYnissioner Pz'ecinct I, Roy Charles Brooks
Tarrant County. GK Maenius Adminzstratiozz Bui.l.ding
100 E Weatherford St �
�'ort Worth, �TX 76102 .
Re: Heritage and Paddock Parks and Tarrant County Courthouse Area Streetscape
Dear Comznissionar Brooks:
Thanlc you for yo� commitment to partner with the City of Fort Worth in support of the Heritage
aud Paddock Parks restoration project. � understand that your office previouslypledged $1,000,000
for the project, which �includes the streetscape improvenp,ants around the parks. Your financial
pledges�for tlie pedestriau stree�,scape improvements will incIude the following work on Bellmap,
whic�i vvi.� be designed and co�slzucted to TXDOT standards: �
• Necessary construction detour arrangements � - � .
• Asphalt removal �
• Surface preparation for concrete .
• New street surface of colored, sfamped concrete replicatang a brick pattern -�
• Lane markings, reflective mazkers and other pedestrian `and vetricular safety devices (as
needed) �
Please accept this letter as a formal request for an additional�$1�,0OO,ODO for.the streetscape project
around the Tarrant County Courthouse. The additional fimds requested will be used to repave the
Bell�ap Street segrnent between Commerce and Houston St�eefs.
We appreciate Tarrant County's $2,000,000 commitment to the streetscape improvement program
associated with the Heritage and Paddock Park projects. . .�
If .you have any ques�zons, please get in touch with� Chad AIlen; Engineering �Manager,
Transportatian Public Works Depariment, at the Cityof Fort Warth, by phane to 817-392-8021 � or
e-naail to chad.allen@fortworthtexas.gov. �
.
Sancerely,
]esica MeEachern �
Assistant City Manager • .
City of Fort Woxth
Cc: Randal Skinner, Kxisten Camareno, AIan Hendrix, Abbas Rastandeh, Lissette Aceveiio, Chad
Allen, Andy Taft, Melissa Konur, Brandi Ervin, Scot� Penn •
.TRANSP�RTA'LLON .AND PIJ$LIC WORKS DEPA.RTMENT
The City of Fort Worth - 10� Fort Warth Trail - Fori' Worth, Texas �76102 '
. {817) 392-8Q21— (81� 392-8092 '
Consideration of an Interlocal Agreement between Tarrant County and the City of Fort Worth
Ralated to the Heritage �'ark Roadway and Pedestrian Improvements Projec� — 2021 and 2006
Transportation Bond Program
SIGNED AND EXECUTED �his 25 day of November, 2024.
COUNTY OF TARRANT
STATE OF TEXAS
� '��
Tim Q'Hare
County Judge
11/251202�
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�'���uN�F�'' COMMISSIONERS COURT COURTORDERNUMBE[t
`� ��' COMMUIVICATION PAGE 1 OF 14
•• " • t • � � � 11/1912024
DATE:
SUBJECT: CONSIDERATION OF AN INTERLOCAL AGREEMENT BETWEEN
TARRANT C4UNTY AND THE CITY OF FORT WORTH RELATED TO
THE HERITAGE PARK ROADWAY AND PEDESTRIAN
IMPROVEMENTS PROJECT — 2021 AND 2006 TRANSPORTATTON BOND
PROGRAM
*** CONSENT AGENDA **�
���VII�SLONERS COURT ACTTON REQUESTED
It is requested that the Cammissioners Court consider an Interlocal Agreetnent (ILA) between Tarrant County
and the City of Fort Worth related �o the Heritage Park Roadway and Pedestrian Improvements project - 2021
and 2006 Transportation Bond Program (TBP), located in Precinct 1.
BACK�RQUND
The City of �ort Worth has requested funding assistance for the improvements to the Heritage Park Roadway
and Pedestrian walkways. The general improvements are in Heritaga and Paddock Parks and Tarrant Caunty
Courthouse streets and streetscape.
This project will consist of the construction {or reconstruction) of the Haritage Park Roadway and Pedestrian
Improvements which includes the adjustment of the turning radius on Main Street and the elimination of the
bailout lane, the elimination of the eastbound counter-flow bus lane on Belknap Street and the addition of traffic
calming elements on Belknap Street. The Belknap improvements are mare specifically the necessary
construction detour arrangements, asphalt removal, sub-surface preparation For concrete, a new street surface
of colored, stamped concrete replicating a brick pattern, lane markings, reflective markers, and other safety
devices. �
Wit� approval, funding is provided from i'recinct 1, Commissioner Brooks 2021 and 2006 TBP, Discretionary
funding category. Specifically, $1,000,000.00 is from tbe 2021 TBP, and,$1,000,000.00 is from the 2006 TBP,
Precinct 1 discretionary funds.
This project is in the design phase. The funding assistance will be used towards the construction of the project.
The term of the ILA is through September 30, 2027.
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 Serviaes PREPARED BY: Abbas Rastandeh
APPROVED BY: ScoYt Hal]
.��°"�:•. COMMISSYONERS COURT
;� � �: COMMUNrCATYON
.•��}•�• *•�•}�•. REFEREI`10E NUMBER: DATE: 1 1/1 912 02A PAGE 2 OF l4
FI�CAL IMPACT
The fiscal impact to Tarran� Coun�y for the entire project will be $2,000,000.00 ($1,000,000.00 in 202I TBP,
and $1,000,000.00 in the 2006 TBP funds).
There is no fiscal impact to FY 2Q25. The funds will be encumbered in FY 2026.