HomeMy WebLinkAboutContract 62407CSC No. 62407
STATE OF TEXAS § Interlocal Agreement for
§ -Altamesa Road Extension
COUNTY OF TARRANT § •
This interlocal agreement (ILA) is entered into between Tarrant County, Texas, hereinafter
referred to as the "COLTNTY", and the City of Fort Worth, hereinafter referred to as the "CITY",
and collectively referred to as the "parties", for the purpose ofproviding 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 Courtof 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.
1.
PROJECT DESCRIPTI9N
This project, hereinafter referred to as the "Project", will consist of the construction of the
extension of Altamesa Road from Anglin Drive to Dick Price Road. The new extension consists of
four (4) lanes for approximately 1.1 miles, 60 feet -wide arterial including streetlights, shared use
paths, storm drainage, and a bridge crossing of Village Creek.
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, hydrology and hydraulic study (H/H), schematics, planning, surveying, and
governmental approval costs (collectively referred to as "Costs');
Altamesa Road Extension ILA: 2021 Transportation Bond Program OFFICIAL RECORD Page 1
CITY SECRETARY
FT. WORTH, TX
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."
in.
TERM
This ILA shall become effective upon the approval of both parties and shall terminate on
September 30, 2029, 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_
Altamesa Road Extension ILA: 2021 Transportation Bond Program Page 2
V.
REIMBURSEMENT PROCESS
The COUNTY agrees to reimburse the CITY for the actual eligible PROJECT costs in an amount
not to exceed $7,280,000.00. Any reimbursement request from the CITY should include: I) 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 Pavaient bv'Phase*
H/H Study: $73,550A0
Design, ROW Acquisition $7.206.450.00
& Construction:
TOTAL: $7,280,000.00
TBP Funding Category: 2021 Countywide Initiatives and Partnerships
* Reimbursement payments will be issued by the COUVTYfor eligible expenses incurred
during the Fiscal Year for which bond f rnds 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.
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
Altamesa Road Extension ILA: 2021 Transportation Bond Program Page 3
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. 404 100 Fort Worth Trail
Fort Worth, Texas 76196 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. ,
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.Iocal
Altamesa Road Extension ILA. 2021 Transportation Bond Program Page 4
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 tq 4day of WG7 bW , 2024, by Tarrant County.
TARRANT COUNTY, TEXAS
Tim O'Hare, County Judge
APPROVED AS TO FORM.
District Attorney'sfffice—
Criminal*
Commissioners Court Order No. _[q 4 30�
CITY OF FORT WORTH
f
Jesica McEachern, Assistant City Manager
M&C 24-0149
Date: 2024
Ocag3as B'ack (Sep 26, 2024 23:2C COT)
Doug Black, Sr. Assistant City Attorney
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Jannette Goodall, City Secretary as°I nex 4gggb
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AEtamesa Road Extension ILA: 2021 Transportation Bond Program Page ;
* 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:
73,55h, CZ) as follows:
Fiscal year ending September 30, 2025: $73,550.00 2021 TBP Countywide Initiatives and
/ Partnerships — Pct 1 and Pct 2
�, �,, � �• 1�1LC Grit.
Auditor's Ace
Altamesa Road Extension ILA: 2021 Transportation Bond Program Page 6
919124, 3:54 PM M&C Review
official site of the City o` Fort 'North, Texas
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 8/27/2024 REFERENCE
NO.:
CODE: C TYPE
FORT IVORTH
**M&C 24- 20EAST ALTA MESA BLVD
0749 LOG NAME: EXT. FROM ANGLIN DR TO
DICK PRICE RD
CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 8) Authorize Execution of an Interlocal Agreement with Tarrant County for County
Participation in an Amount Not to Exceed $7,280,000.00 for the Extension of East Alta
Mesa Boulevard from Anglin Drive to Dick Price Road, Adopt an Appropriation Ordinance,
and Amend the Fiscal Year 2024 - 2028 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Interlocal Agreement with Tarrant County for county participation
in the East Alta Mesa Boulevard Extension from Anglin Drive to Dick Price Road project (City
Project No. 105686) in an amount not to exceed $7,280,000.00;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Intergovernmental Contribution Fund in the amount of $7,280,000.00, from Tarrant
County contributions, for the purpose of funding the East Alta Mesa Boulevard Extension
from Anglin Drive to Dick Price Road project (City Project No. 105686); and
3. Amend the Fiscal Year 2024 - 2028 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the City Manager to
execute an Interlocal Agreement with Tarrant County in the amount of $7,280,000.00 for the county's
participation in the East Alta Mesa Boulevard from Anglin Drive to Dick Price Road Project. The project
requires complex design elements and construction will include pavement, box culverts, shared -use
path, streetlights and other transportation elements.
This project is one of four projects that will traverse the far south side of Fort Worth connecting
multiple communities and serve as a regional connection between the southwest and southeast
suburbs. It will offer the most direct east -west alternative to Interstate 20 and serve as a potential
freight route. Additionally, it will connect new subdivisions and facilitate infill economic development
and service in the area.
Fort Worth is partnering with Tarrant County (through 2021 bond funds) and later North Central Texas
Council of Governments (NCTCOG, through Federal Highway Administration (FHWA) funds) to
provide this connection. This proposed connection will increase mobility for the region.
This agreement states that Tarrant County will reimburse the City for the costs associated with the
design, hydrologic study, right-of-way acquisition, and other associated planning costs (including
surveys, schematics, governmental approval costs, utility relocation), and remaining costs for the
construction of East Alta Mesa Boulevard within the project limits. The schematic, right-of-way
acquisition, hydrology and hydrology study and designs are anticipated to utilize the entire funding
amount. The construction will be funded separately through FHWA funds and, if approved, the City's
2026 Bond funds, after a risk assessment has been completed and the project is determined feasible
for construction.
Fund Amount
30106 - Intergovernmental Contribution Fund $7,280,000.00
apps.cfwnet.org/council_packet/mc_review.asp?ID=32456&councildate=8/27/2024 112
919 24, 3:50 PM
M&C Review
Funding for this project was not included in the Fiscal Years 2024-2028 Capital Improvement
Program as the project and funding sources were not known at the time of the CIP development. The
action in this M&C will amend the FY2024-2028 Capital Improvement Program as approved in
connection with Ordinance 26453-09-2023.
A business equity goal is not assigned when purchasing from an approved purchasing cooperative or
public entity.
The portion of East Alta Mesa Boulevard is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, execution of the
Interlocal Agreement 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
responsibility of verifying the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
I❑ ID 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_ Jesica McEachern (5804)
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Lauren Prieur (6035)
Kelly Porter (7259)
Monty Hall (8662)
AltaMesa FID Table Revised.xlsx (CFW Internal)
M&C Mar) RTI Alta MesaExoansion.pdf (Public)
ORD.APP 20EAST ALTA MESA BLVD �XT. FROM ANGLIN DR TO DICK PRICE RD AD
(rz) 30106
,(Rev8.08.24),docx (Public)
TBP-2021-Fort-Worth-Altamesa-Road-Extension-New Format ILA Draft V5.pdf (CFW Internal)
apps,cfwnet.org/council_packet/mc_review,asp?ID=32456&counciIdate=8127/2024 212
Consideration of an Interlocal Agreement between Tarrant County and the City of Fort Worth
Related to the Altamesa Road Extension Project - 2021 Transportation Bond Program
SIGNED AND EXECUTED this 25 day of November, 2024,
COUNTY OF TARRANT
STATE OF TEXAS
Tim O'Hare
County Judge
11 /25/2024
(�b 0Iq q3cpf,
. 4 ��NT •.
' COMMISSIONERS COURT COURT ORDER NUMBER
COMMUNICATION PAGE 1 OF 10
• DATE: 11/19/2024
SUBJECT: CONSIDERATION OF AN INTERLOCAL AGREEMENT BETWEEN
TARRANT COUNTY AND THE CITY OF FORT WORTH RELATED TO
THE ALTAMESA ROAD EXTENSION PROJECT - 2021
TRANSPORTATION BOND PROGRAM
*** CONSENT AGENDA ***
COMMISSIONERS COURT ACTION REOIFESTED
It is requested that the Commissioners Court consider an Interlocal Agreement (ILA) between Tarrant County
and the City of Fort Worth related to the Altamesa Road Extension project located in Precincts 1 and 2.
BACKGROUND
On September 5, 2023, the Commissioners Court, through Court Order # 141673, approved a total of nine (9)
projects for funding in the CWI category in the 2021 TBP. The Altamesa Road Extension project is part of the
nine (9) Countywide Initiatives and Partnerships (CWI) projects.
The County is now proceeding with the execution of the ILA with the City of Fort Worth related to the Altamesa
Road Extension project for financial support of up to $7,280,000.00. This project will be funded through the
2021 TBP, CWI funding category.
This project will consist of the construction of the extension of Altamesa Road from Anglin Drive to Dick Price
Road. The new extension consists of four (4) lanes for approximately 1.1 miles, 60' wide arterial including
streetlights, shared use paths, storm drainage, and a bridge crossing of Village Creek.
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 will be $7,280,000.00 in 2021 TBP funds.
The fiscal impact for the FY 2025 will be $73,550.00 and is available in account 47800-2025 2021 TBP CWI
/ 6840100000 Transportation / 579061 County Projects.
SUBMITTED BY Transportation Services PREPARED BY: Abbas Rastandeh
APPROVED BY: Scott Hall