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HomeMy WebLinkAbout064295 - Construction-Related - Contract - Denton CountyCSC No. 64295 THE ST A TE OF TEXAS § § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF FORT WORTH, TEXAS THIS AGREEMENT is made, entered into and executed by and between Denton County, Texas ("the County"), a duly organized political subdivision of the State of Texas; and the City of Fort Worth, Texas ("the City"), a duly organized political subdivision of the State of Texas. The County and the City are collectively referred to herein as "the Parties." WHEREAS, the County and the City mutually desire to enter into this Agreement to provide design and construction of a traffic signal for the eastbound and westbound intersections of SH 114 and Championship Parkway, located entirely in the municipal limits of the City and Denton County Commissioner Precinct #4, hereinafter "the Project"; and WHEREAS, the estimated cost of completion for the Project is FIVE MILLION AND NO/I 00 DOLLARS ($5,000,000.00), with the County agreeing to contribute an amount which shall not exceed THREE MILLION FIVE HUNDRED THOUSAND AND NO/I 00 DOLLARS ($3,500,000.00), to secure and manage a design contract and construction contract, and to oversee any and all necessary design and construction which may be required for satisfactory completion of the Project; and WHEREAS, the estimated cost of completion for the Project is FIVE MILLION AND NOii 00 DOLLARS ($5,000,000.00), with the City agreeing to contribute an amount which shall not exceed ONE MILLION FIVE HUNDRED THOUSAND AND NO/I 00 DOLLARS ($1,500,000.00) with funds coming from TIP Number 2, the Speedway Area TIF, to be paid to the County for construction of the Project; and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, hereinafter "the Act," provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act, and the County and the City hereby mutually agree to be subject to the provisions of the Act; and WHEREAS, the County and the City value the timely completion of the Project which involves roads which are an integral pat1 of the County's road system, and the Parties are undertaking the Project to facilitate safe travel on an improved roadway; NOW, THEREFORE, this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein: ICA, City of Fort Worth -SH I 14-Championship Signal Project Page I of? WITNESSETH: I. Pursuant to Texas Government Code §791.011, the County and the City hereby enter into this Agreement in order to perform certain governmental functions and services in the area of streets, roads, and drainage. The purpose of this Agreement is to provide a governmental function or service that each party is authorized to perform individually, and in accordance with Section 791.011 (d)(3) of the Act, each Party is paying for the performance of governmental functions and services from current revenues available to the paying party. II. The County and the City hereby agree that the scope of the Project shall be to provide design and construction of a traffic signal for the eastbound and westbound intersections of SH 114 and Championship Parkway, at an estimated cost of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00). The Project is located entirely within the municipal limits of the City and Denton County Commissioner Precinct #4. III. The County hereby agrees to contribute an amount which shall not exceed THREE MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($3,500,000.00), which is required for satisfactory completion of the Project. The County agrees to coordinate with the City during the design phase and incorporate applicable City comments, standards, criteria, and requests into the project at each major design milestone. The County hereby agrees to secure the contracts for the design and construction of the Project, and to oversee any and all necessary design and construction which may be required for satisfactory completion of the Project. In addition, the County will ensure all inspections are conducted and approve all payments, including requested funding from the City, as invoices are received. Should Project costs exceed the amount in this Agreement, any additional funding is subject to formal approval by the Denton County Commissioners Cou1t. IV. The City hereby agrees to contribute an amount which shall not exceed ()NE MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($1,500,000.00) for construction of the Project. This funding shall come from TIP Number 2, Speedway Area TIF. City staff will coordinate with Denton County during the design phase and will review the engineering plans and provide comments. ICA, City of Fort Worth-SH 114-Clmmpionship Signal Project Page 2 of7 V. This exchange of in-kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. VI. The funding from the City will be due upon execution of the Agreement. In the event that the Project is completed under budget, any remaining funds will be reimbursed to the City of Fort Worth. The Parties acknowledge that the County and the City are making payments for this Agreement from current revenues available to pay for the Project. VII. As required by Texas Transportation Code §251.012 and as evidenced by the signature of the City's representative below, the governing body of the City by the execution of and approval of this Agreement hereby approves of the expenditure of County money to finance the construction, improvement, maintenance, or repair of a street or alley in the County that is located in the City. VIII. This agreement may be terminated in whole, or in pmt, by the County or the City upon thi1ty days written notice to the other party. ln the event of termination by the County, the County shall pay all approved invoices submitted up to and including the date of termination. IX. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations, and agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: Copy To: Jesica McEachern, Assistant City Manager City of Fort Worth, Texas I 00 Fort Worth Trail Fort Worth, Texas 76102 Douglas Black, Sr. Assistant City Attorney City of F01t Worth, Texas 100 Fort Worth Trail Fort Worth, Texas 76102 !CA, City of Fort Worth-SH 114-Chumpionship Sign�! l'rojcct !'age 3 of7 For County: Copy To: Honorable Andy Eads, Denton County Judge I Comthouse Drive, Suite 3100 Denton, Texas 76208 andy.eads@dentoncounty.gov holly.sadlowski@dentoncounty.gov Denton County District Attorney's Office -Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 X. The covenants, terms, and conditions herein are to be construed under the laws of the State of Texas and are performable by the Patties in Denton County, Texas. The Patties mutually agree that venue for any obligation arising from this Agreement shall be in Denton County, Texas. XI. The City agrees and understands that the City, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the County. XII. The City agrees to accept full responsibility for the acts, negligence and omissions of all City employees, agents, subcontractors or contract laborers and for all other persons doing work under a contract or agreement with the City. XIII. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against clai1m made by third parties. XIV. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the Patties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. xv. The undersigned officers and agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of th-e Patties hereto, and each patty hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. [CA, City of Fort Worth-SIi 114-Chamµionship Signal Project Page 4 of7 XVI. This Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed, and the term of this Agreement is for the life of the Project beginning on the date of execution of this Agreement and continuing until the Project is completed. Executed this � day of f\JoJ �\o.e_..y-, 2025. DENTON COUNTY, TEXAS 1 Court use Drive, Suite 3100 Dento , Tras 76209 By: -VY.J�!!!!"'!li�'4;� Honorable Andy Ead Denton County Judge Acting by and on beha of the Denton County ATTEST: of the authority mmissioners Comt By:------------­Denton County Clerk ICA, City of Fort Worth -SH 114-Championship Signal Project CITY OF FORT WORTH, TEXAS I 00 Fort Wo1th Trail Fort Worth, Texas 76102 By:� Jesica McEachern Assistant City Manager of the City of Fott Wotth, Texas Acting by and on behalf of the authority of the City of Fort Worth, Texas ATTEST: 8 y: Do11cl.isBbck(Oct 21,.101517:46:37 CDT! City Attorney for the City of Fort Worth M&C No.: 25-0859 Date: 09/16/25 By: � A � ---------------City Secretary for the City of.Fort Worth Page S of7 COUNTY AUDITOR'S CERTIFICATE I hereby certify funds are available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. ',£�, pr • r -·. ti . .' · • :::ouotv Auditor ICA, City of Fort Worth- SH 114-Championship Sign«! Project Page 6 of7 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT Denton County, Texas, acting by and through the Denton County Commissioners Court, hereby gives its specific written approval to the following Project, prior to beginning of the Project in satisfaction of Texas Government Code §791.014. The scope of the Project shall be to provide design and construction of a traffic signal for the eastbound and westbound intersections of SH 114 and Championship Parkway, at an estimated cost of completion of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00). The Project shall be located entirely within the municipal limits of the City of Fort Worth and Denton County Commissioner Precinct #4. The County hereby agrees to contribute an amount which shall not exceed THREE MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($3,500,000.00). The County hereby agrees to secure the contracts for the design and constrnction of the Project, and to oversee any and all necessary design and construction which may be required for satisfactory completion of the Project. The City hereby agrees to contribute an amount which shall not exceed ONE MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($1,500,000.00). The local governments which requested the Project and with whom the Agreement is by and between are Denton County, Texas, and the City of Fort Worth, Texas. By vote on the date below, the Denton County Commissioners Court has approved the project identified above and authorized execution of this document by the presiding officer of the Denton County Commissioners Coutt. By :,---.AJ-:....w.....;=...::i""",:...-......,.""'-,4'-""""""::..=..---""'==---­Pre Co y Conunissione !CA, City of Fort Worth -SH 114-Championship Signal Project Page 7 of7 City of Fort Worth, Texas Mayor and Council Communication DA TE: 09/16/25 M&C FILE NUMBER: M&C 25-0859 LOG NAME: 2025 SH 114 AND CHAMPIONSHIP PARKWAY FUNDING AND ICA SUBJECT (CD 10) Accept Funds in the Amount Up to $1 ,500 ,000 .00 from Tax Increment Reinvestment Zone Number Two for Construction of State Highway 114 and Championship Parkway Intersection Improvement Project; Authorize Execution of an lnterlocal Cooperation Agreement with Denton County for an Amount Up to $5,000,000.00 , with Participation in an Amount Up to $1,500,000.00 for Design and Construction of the Project; Adopt Appropriation Ordinances and Amend the Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1.Accept funding in the amount of $1,500 ,000.00 from the Tax Increment Reinvestment Zone Number TwoJor the State Highway 114 and Championship Parkway Intersection Improvement project (City Project No.105557); 2.Authorize execution of an lnter1ocal Cooperation Agreement with Denton County for an amount up to $5.000 ,000 .00, with County participation in an amount up to $3,500,00 0.00 and City participation in an amount up to $1,500 ,000 .00 for design and construction of the State Highway 114 and Championship Parkway Intersection Improvement project (City Project No.105557); 3.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Tax Increment Reinvestment Zone - General Capital Fund in the amount of $1,500,0 00.00, transferred from the Tax Increment Reinvestment Zone Number Two A (No. 2A) - Texas Motor Spdwy Fund, for the purpose of funding the traffic signal and pedestrian improvements at Slate Highway 114 and Championship Parkway project (City Project No. 1 05557); 4.Adopt the attached appropriation ordinance increasing receipts and appropriations in the 2007 Critical Capital Projects Fund in the amount of $50,000.00 , from available proceeds from CO2008 within Unspecified -All Funds project (City Project No. UNSPEC), for the purpose of funding the SH 114 and Championship Parkway Improvements project (City Project No. 105557); and 5.Amend the Fiscal Years 20 25-2029 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to accept funding from the Tax Increment Reinvestment Zone Number Two ('TIF'') for the State Highway (SH) 114 and Championship Parkway Intersection Improvement project in an amount up to $1,500,000.00 subject to the execution of the TIF Development Agreement, authorize execution of an lnterlocal Cooperation Agreement (ICA) with Denton County, with Denton County's share in an amount up to $3,500 ,000.00 , for design and construction of the project, and appropriate $50 ,00 0.00 for management of the project by City of Fort Worth staff. On October 16, 2024, the Board of Directors for the TIF passed a resolution authorizing funding for the City of Fort Worth for intersection improvements at State Highway 114 and Championship Parkway (See attached Resolution). Approval of this Mayc.1r and Council Communication allows the City to receive this funding for the project. The location of this project is at the intersection of SH 114 and Championship Parkway. The scope of the project is to design and construct new traffic and pedestrian signals to provide a protected signalized intersection, reconfigure the existing travel lane layout to provide dual through lanes and dual left turn lanes on northbound and southbound Championship Parkway, construct Americans with Disabilities Act (ADA) compliant sidewalks and ramps and install new pavement markings and signage. Denton County will conduct and pay for design of the project improvements , the City will review the engineering plans, Denton County will incorporate City of Fort Worth comments during the design process and Denton County will advertise, bid and award the construction contract and build the project. Funding for this project was not included in the FY2025-2029 Capital Improvement Program due to project inception after the adoption of the Capital Improvement Program. The action in this M&C will update the FY20 25-2029 Capital Improvement Program. Funding is available in the TIRZ #2A -Texas Motor Speedway Fund and in the Unspecified-All Funds project withir, the 2007 Critical Capital Projects Fund for the purpose of funding the SH 114 at Championship Pkwy project. This program is located in COUNCIL DISTRICT 10 . A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: Denton County FISCAL INFORMATION/ CERTIFICATION: The Director of Finance certifies that funds are currently available in the TIRZ #2A -Texas Motor Spdwy Fund and in the Unspecified-All Funds project within the 2007 Critical Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the TIRZ-General Capital and 2007 Critical Capital Project Funds for the SH 114 at Championship Pkwy project to support the approval of the above recommendations and execution of the agreement. Prior to an expenditure being incurred, the Transportation & Public Works and Economic Development Departments have the responsibility of verifying the availability of funds. Submitted for City Manager's Office by: Jesica McEachern 5804 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 FORT WORTH Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2025 SH 114 AND CHAMPIONSHIP PARKWAY ICA M&C 25-0859 CPN 105557 cso # DOC# 1 ------ DATE: 11-14-2025 TO: INITIALS DATE OUT 1.Katherine Cenicola -review ,;;c 11/14/2025 2.Jannette S. Goodall -signature JiletteGoodaH 11/17/2025 3.Allison Tidwell -filler cu! 11/17/2025 DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, Jay will review and take the next steps. NEEDS TO BE NOTARIZED: □ Yes 1:8] No RUSH: 0 Yes 1:8] No SAME DAY: 0 Yes 1:8] No ROUTING TO CSO: 1:8] Yes □ No NEXT DAY: 0 Yes l:8J No Action Required: □Attach Signature, Initial and Notary Tabs□As Requested□For Your Information 181 Signature/Routing and or Recording□Comment□File Return To: Please callTPW Contracts at ext. 7233 for pick up when completed. Thank you. Memo To: City of Fort Worth ATTN: Ms. Reka Aczel 100 Fort Worth Trail Fort Worth, TX 76102 From: Date: Re: Vianka Romero Corral November 05, 2025 Agreement Denton County Clerk Enclosed is one original of the above referenced documents approved by Denton County Commissioners Court on November 4, 2025. Thank you. Vianka Romero Corral Denton County Clerk 1450 East McKinney Denton, TX 76209 CC: Civil DA FORT WORTH '-,.,., ,.,, Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2025 SH 114 AND CHAMPIONSHIP PARKWAY ICA 105557 cso # DOC# 1 M&C 25-0859 CPN ------------ DATE: 10-09-2025 TO: INITIALS DATE OUT 1.Jaylyn Harrelson -review ;)-" 10/09/2025 2.Reka Aczel -review Jl:I. 10/09/2025 M 3.Chad Allen -review � 10/14/2025 4.Lissette Acevedo -review � 10/16/2025 5.Patricia Wadsack -review PLW 10/16/2025 6.Lauren Prieur -review � 10/20/2025 7.Doug Black -signature .J1L_ o-•·· 10/21/2025 8.Jesica McEachern -signature C . .ri"I\10/22/2025 9.Reka Aczel DOCUMENTS FOR CITY MANAGER'S SI G NATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, Jay will review and take the next st eps. NEEDS TO BE NOTARIZED: 0 Yes [ZJ No RUSH:� Yes O No SAME DAY : 0 Yes C8J No ROUTING TO CSO: [ZJ Yes O No NEXT DAY:□ Yes (8J No Action Required: □Attach Signature, Initial and Notary Tabs□As Requested□For Your Information tis! Signature/Routing and or Recording□Comment D File Return To: Please callTPW Contracts at ext. 7233 for pick up when completed. Thank you. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Denton County, Texas Subject ofthe Agreement: Interlocal Cooperation Agreement with Denton County for Design and Construction of the SH 114 and Championship Parkway IC------- M&C Approved by the Council?* Yes Ii No □ (f so, the M&C must be all ached lo the contract. Is this an Amendment to an Existing contract? Yes D No Ii (f so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes Ii No □ If u nsure, see back page for p ermanent contract listing. Is this entire contract Confidential? *Yes D No Ii (f only !.pec(fic i11formation is Confidential, please list what information is Confidential and the page it is located. Effective Date: date signed by last signatory (f d({ferentfrom the approval date. Is a 1295 Form required? * Yes D No ii Expiration Date: (f applicable. * If so, please ensure it is allached to the approving M&C or attached to the contract. Project Number: (f applicable. 105557 ----------- *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes Ii No D Contracts need to be routed for CSO processing in the following order: 1.Katherine Cenicola (Approver) 2.Jannette S. Goodall (Signer) 3.Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.