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HomeMy WebLinkAbout059370-A2 - Construction-Related - Contract - Tarrant CountyCSC No. 59370-A2 STATE OF TEXAS § § § COUNTY OF TARRANT § Amendment No. 2 of Inter local Agreement for Intermodal Parkway Widening BACKGROUND Tarrant County ("COUNTY") and the City of Fort Worth ("CITY") entered into an Interlocal Agreement approved by Tarrant County Commissioners Court Order No. 140839, City Secretary No. 59370, for financial support ofup to $6,750,000.00, for the cooperative funding of improvements to Intermodal Parkway from BNSF Railway to Old FM 156 ("Project") as described in the 2021 Tarrant County Bond Program. Amendment No. 1 of Interlocal Agreement for Intermodal Parkway Widening was approved by Tarrant County Commissioners Court Order No. 143943 on September 17, 2024, extending the funding and expiration date to September 30, 2025. Therefore, the COUNTY and CITY agree to the following revisions. Paragraphs III, IV, and V from the original Interlocal Agreement are repealed and replaced with the following language: III. TERM This ILA shall become effective upon the approval of both parties and shall terminate on September 30, 2028, or when the project is complete, whichever is later, unless terminated as described in Section XIII in the original 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 Amendment, then the affected party will immediately notify the other party of such occurrence and this ILA as amended 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. V. REIMBURSEMENT PROCESS The COUNTY agrees to reimburse the CITY for 50% of the actual eligible PROJECT costs in an amount not to exceed $6,750,000.00. 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: Interlocal Agreement Amendment No. 2 -2021 TBP -Intermodal Parkway Widening Project Page 1 County Pavment by Phase* Design: ROW Acquisition: Construction: TOTAL: $0.00 $0.00 $6.750.000.00 $6,750,000.00 TBP Funding Category: 2021 Call for Projects *Reimbursement payments will be issued by the COUNTY for eligible expenses incurred during the Fiscal Year for which bond funds are cert[fied by the Tarrant County Auditor. The CITY understands that the CITY will be responsible for cost overruns and any other expenses incurred hy 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. In addition to the foregoing replacement language, Attachment A is hereby removed and del eted. All other paragraphs and attachments not amended or deleted remain in full force and effect. APPROVED on this day the __ day of ______ , 2025, by Tarrant County. TARRANT COUNTY, TEXAS Tim O'Hare, County Judge APPROVED AS TO FORM: v-£ Criminal District Attorney's Office* Commissioners Court Order No. ------ CITY OF FORT WORTH � Jesica McEachern, Assistant City Manager Oouglbs Bloc< (Sep 90 2025 12:22:54 CDT) City Attorney N/A M&C City Secretary (lf applicable) Interlocal Agreement Amendment No. 2 -202 I TBP -Intermodal Parkway Widening Project Page 2 * By law, the Criminal DistricY Attorney's Office may only approve cantracts for its clients. We reviewed this document as to form from our c[ient's ]egal perspective. OEher parties may not rely on this approval. Instead, tE�ose parties should seek contract revie�v from independent counsel. CERT�FICATION OF AVAILABLE FUNDS IN THE AMOUNT OF: �' as follows: Fisca2 year ending September 30, 2026: $0 2021 TBP Call for Projects — Pct 3 Auditor's Office Interlocal A�reement Amendment �io. 2— 2021 TBP — Cntermodal Parkw�y Widening Project Page 3 F�RT ��RTH�} City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tarrant County Subject of the Agreement: This Amendment is extending the term of the agreement only. M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 8 No ❑ 59370-A2 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? XYes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: October 14, 2025 Explration Date: September 30, 2028 If�different from lhe approval dale. If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. 103332 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processin� in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the infor7nation is required and if the information is nol provided, the contract will be returned to the department. ,S COU1�r?,'�.�� ��Q+� ,ir- � ,?,: '� t , �'�,q; I H y r� / r�i C �� ' * ' �% TARRANT COUNTY COMMISSIONERS COURT COMMUNICATION Court Date: October 14, 2025 Court Order #: -146147 Page: 1 of 5 Department: Transportation SUBJECT: Prepared By: Sarah VanTassel Approved By: Joseph Jackson Consideration of Amendment No. 2 to the Interlocal Agreement with the City of Fort Worth Related to the Intermodal Parkway Widening Project - 2021 Transportation Bond Program ***CONSENT AGENDA *** COMMISSIONERS COURT ACTION REQUESTED It is requested that the Commissioners Court approve Amendment No. 2 to the Interlocal Agreement (ILA) with the City of Fort Worth related to the Intermodal Parkway Widening project - 2021 Transportation Bond Program (TBP), located in Precinct 3 BACKGROUND On May 2, 2023, the Commissioners Court, through Court Order #140839, approved an ILA with the City of Fort Worth for financial support of up to $6,750,000.00, for the widening improvements to the Intermodal Parkway from BNSF Railway to Old FM 156 as described in the 2021 Tarrant County Bond Program. On September 17, 2024, the Commissioners Court, through Court Order #143943, approved Amendment No. 1 to the ILA, extending the term to September 30, 2025, to continue the 2021 TBP funding for this project. The project is in the final design phase and preparing for construction, requiring the agreement term to be extended. With approval, Amendment No. 2 will extend the term date to September 30, 2028 to continue the 2021 TBP funding for this project through the Call for Projects funding category. This Amendment has been reviewed by the Auditor's Office and approved as to form by the District Attorney's Office. FISCAL IMPACT There is no fiscal impact to the FY 2026 TBP. This Amendment is extending the term of the agreement only. PASSED AND APPROVED on October 14, 2025. COUNTY OF TARRANT STATE OF TEXAS : �,� couNT�,, / :•y3' !r�'.��` �'�: : q -1� -��� �� .. ',{, : :F �' • ..y.*,,�: Tim O'Hare County Judge October 23, 2025 11:41 AM APPROVED AS TO FORM: Signed by Mark Kratovil on October 21, 2025 2:51 PM District Attorney's Office* *By law, the 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. Attachments TBP 2021-COFW-Intermodal Pky Widening-Amnd No 2-COMM CT.pdf