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HomeMy WebLinkAbout064585 - Construction-Related - Contract - Tarrant County1/21/2026 10:26 a.m CSC No. THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT 64585 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 to a needed project within the boundaries of Tarrant County, 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. WHEREAS the CITY is requesting the COUNTY'S assistance with the: Reconstruction and asphalt overlay of a portion of Aledo Road after installation of water and sewer improvements by others; being approximately 10,073 square yards; all being located within the COUNTY, referred to herein as the "Project"; and WHEREAS, City has entered into that certain Community Facilities Agreement (CFA) (City Secretary Contract No. 63595) with PMB Team Ranch Devco, LLC ("Developer") for construction of the Rockbrook Sewer and Water Improvement project and to provide certain of City's obligations as detailed herein; and WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas Government Code provides legal authority for the parties to enter into this Agreement; and WHEREAS, during the performance of the governmental functions and the payment for the perFormance of those governmental functions under this Agreement, the parties will make the performance and payment from current revenues legally available to that party; and WHEREAS, the Commissioners Court of the COUNTY and the City Council of the CITY each make the following findings: a. This Agreement serves the common interests of both parties; b. This Agreement will benefit the public; c. The division of costs fairly compensates both parties to this Agreement; and d. The CITY and the COUNTY have authorized their representative to sign this Agreement; and e. Both parties acknowledge that they are each a"governmental entity" and not a"business entity" as those terms are defined in Tex. Gov't Code § 2252.908, and therefore, no disclosure of interested parties pursuant to Tex. Gov't Code Section 2252.908 is required. oFF���A�RE�oRo CITY SECRETARY FT. WORTH, TX NOW, THEREFORE, the COUNTY and the CITY agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project, generally depicted on Attachment A, attached hereto and incorporated herein. For approximately 10,073 square yards of Aledo Road, COUNTY will mill and remove excess materials, COUNTY will reclaim, stabilize with lime at 45 pounds per square yard at 10-inch depth, the exposed subgrade, regrade, shape, and prime the stabilized roadbed, place four inches of asphalt surface (type B) and two inches of asphalt surFace (type D), backfill pavement edges, stripe and clean the project of excessive spoil materials as detailed in the construction plans for City Project No. 105498, cover page for which is Attached hereto and incorporated herein as Attachment B. 2. CITY RESPONSIBILITY CITY agrees to supply the COUNTY with Purchase Orders for 100% of the material costs in an amount not to exceed $475,854.96. The CITY will be responsible for cost overruns. CITY, via Developer, will furnish a site for dumping waste in close proximity to job site for materials generated during this project. CITY will provide the COUNTY with a hydrant meter and all the water necessary for construction of the Project at no cost to the COUNTY. CITY, via Developer, will be responsible for all traffic control necessary to safely construct this project. This responsibility includes all advance notices, signage, barricades, pilot vehicles, and flagmen necessary to control traffic in and around the construction site. The CITY, via Developer, will be responsible for and provide portable message boards to supplement traffic control as needed. CITY, via Developer, will remove the existing surFace and make any necessary roadway repairs and preparations prior to the COUNTY starting work, if required for this project. CITY, via Developer, will adjust all utilities, manhole and valve boxes for this project. If required, the CITY, via Developer, will be responsible for the design and development of a Storm Water Pollution Prevention Plan (SWPPP). The CITY, via Developer, further agrees to pay for all cost (including sub-contractor materials, Page 2 of 6 labor, and equipment) associated with the implementation of the plan. The COUNTY will be responsible for maintenance of the plan during the duration of the Project. Documentation and record keeping of the SWPPP will be the responsibility of the CITY. CITY, via Developer, will provide a location for the County to park their heavy equipment near the job site: and CITY will provide any soil lab testing and/or material testing needed for the project. CITY will reimburse the COUNTY for actual cost of any overtime hours if the CITY requests the COUNTY to provide watering the roadway for dust control after regular work hours. 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this Project. If the CITY has a complaint regarding the construction of the project, the CITY must complain in writing to the COUNTY no later than 30 days of the date of project completion. Upon expiration of 30 days after project completion, the COUNTY will be solely responsible for maintenance and repairs of the entire Project. 4. NO WAIVER OF IMMUNITY This Agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This Agreement does not waive CITY rights under a legal theory of sovereign immunity. 5. OPTIONAL SERVICES The COUNTY will apply permanent striping coordinated through the Transportation Department to the Project. Application of striping by the COUNTY is limited to this Project. 6. TIME PERIOD FOR COMPLETION The CITY will give the COUNTY notice of completion of the Developer's Rockbrook Sewer and Water Improvement project so that the COUNTY may proceed with the work contemplated herein. However, the COUNTY is under no duty to commence construction at any particular time. 7. THIRD PARTY Page 3 of 6 This contract shall not be interpreted to inure to the benefit of a third party not a party to this contract. This contract may not be interpreted to waive any statutory or common law defense, immunity, including governmental and sovereign immunity, or any limitation of liability, responsibility, or damage of any party to this contract, party's agent, or party's employee, otherwise provided by law. 8. JOINT VENTURE & AGENCY The relationship between the parties to this Agreement does not create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. 9. EFFECTIVE DATE This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. 10. TERMINATION OF AGREEMENT The initial term of this Agreement is until September 30, 2026, and will automatically renew for one year thereafter unless terminated by either party in writing. Either party may terminate this Agreement at any time—either before the expiration of the initial term or after the renewal of any term thereafter—by providing the other party with 30-days written notice of termination. In the event of termination by either party, neither party shall have any obligations to the other party under this Agreement, except that the CITY is still liable for payment to the COUNTY for any outstanding invoice for the Project. 11. COMPLIANCE WITH LAWS In providing the services required by this Agreement, CITY shall 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. 12. EXECUTION OF AGREEMENT This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this agreement, and all of which, when taken together, shall be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by electronic transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Page 4 of 6 Signatures of the parties transmitted or executed electronically shall be deemed to be their original signatures for any purpose whatsoever. TARRANT COUNTY, TEXAS County Judge CITY OF FORT WORTH � Assistant City Manager Date: Manny Ramirez Commissioner, Precinct Four Attest: APPROVED AS TO FORM* Criminal District Attorney's Office* oi/2i/2o26 Date: Recommended for Approval: chris-�opher f��rder cnr�sropn�r Ha�dor (�ar,'zq zoze iosz�.ze csr� Chris Harder, Director Water Department Attest: �C#A. J, �-�' City Secretary n� POF FORT�dd ;^ �AO p!`a °�.10 PV6 og=d ��d'��°°e o° +.p Qdap QEXAS.o.o APPROVED AS TO FORM AND LEGALITY �o�cqGa�t $Gacl� Douglas �fack (Jan 2Q 202611:59:10 CST) Sr. Assistant City Attorney "See attached Document for Tarrant County Signatures" M&C: 25-0291 Date: 04/08/25 * By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document as to form from our client's legal perspective. Other parties may not rely on this approval. Instead, those parties should seek contract review from independent counsel. C�]��Cy1,1�:�X�%]:a�7 �«] � i'�'i Xy:� � ��1:�'1 FT. WORTH, TX Page 5 of 6 Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perFormance and reporting requirements. Su b Digitally signed by suby Yvarughese varughese 06'00?026.01.2009:23:52 Name: Suby Varughese Title: Development Services Water Section Engineering Manager Page 6 of 6 •V%1. � ' RR�:, n � v ♦tp YMA'�4. 'a\ E �a. ; R9 • ��, ���,�, RnF� ; �� �� w � w �2i �.��G � .'�' p D � �� �� � � � � � m �9 0 2�� � ,.,^'�'J�', m WANDERING � �Z� � �� � � { y� � �9� O� �O �� �� 1 /27/2025 ��.USEDFORAGRAPHICALREPRESENTATIONONI M&C for ILA with Tarrant County , NOT TO BE TAKEN I USED AS DATA PRODUCED FC ��ERINGPURPOSESORBYAREGISTEREDPROFESSIONALLA Paving Limits■ !EVOR THE CITY OF FORT WORTH ASSUMES NO RESPONSIBIL FOR THE AC W RACV OF SAI D DATA =e�� � e � ����;�: ��. ��� '� - = i'� � '�� � � � � .� " �`� "`a . ,� * �� ��.+�;� � � +��k'��'' "r�- ,�r ""- � `� � �.y��! "s�'',,r, :l��p��s�3•.� �^ . ' ,, ����� . 4 !� �3� � ;dL:7 ±�. 'c��� �. + . , `�'' r t "��� ��y' Z O �! �� s � ���; y � � ..,.... �� �„ � ,n�'� . r �e�,Y � w " �y 6'�j�� ��l� �Z ��. !�.'S�i�d.`� ��s"" �� G) , i� � SO Y��`�r�*h '��*`�'- ���# ,�- `' .� � -�s:.s��!�x -�� `�+ �: *�^�a,'�"+-t ��'�` ��,. / ,..: ����y�.��G O w � � .�� : t� z O � �- � � � Q ���0 90 ;:�:;; �;` , . � , � '� ,..�' ', s � � fy � '. 7� ..�LL�.y \ �: �. � 1 ���� . ��$� e � � • I�Y° ..' � �?Kt ,�'�-S ;ri? �. ���s � � rAC' t if"�15f+"pn : 3•. � " _� � . �� � � � ����, . � '.:3 -�'r��. :' i �t : ��A, . � ���a.',�""``.� �i�„ .�'b a-:: � ��x ;^4; :.� � ,�` L sTER��NG sr R�TF�Ro MAGNOLIA `��` =o �� T� Q- Y._ WESTPARK � � w �E�PN� � 0 J BLUFFS�pE TRq�LS INWOOD �'G LOOKOUT 2i SA �,� �y`�� �i����P �o<�S V� �� J� �� �v �N� ��� FoR�. WATER 0 2]0 540 � N � 6. Consideration of an Interlocal Agreement with the City of Fort Worth for the Aledo Road Project - Precinct 4 �"� ��UNT�� : a . a� �� ��� . F+ ,� v, \� '` * ' �./ TARRANT COUNTY COMMISSIONERS COURT COMMUNICATION Court Date: December 9, 2025 Court Order #: -146450 Page: 1 of 8 Department: Transportation Prepared By: Sarah VanTassel Approved By: Joseph Jackson SUBJECT: Consideration of an Interlocal Agreement with the City of Fort Worth for the Aledo Road Project - Precinct 4 *** CONSENT AGENDA *** COMMISSIONERS COURT ACTION REpUESTED It is requested that the Commissioner Court consider an Interlocal Agreement (ILA) between Tarrant County and the City of Fort Worth for the Aledo Road project, located in Precinct 4. BACKGROUND The City of Fort Worth is requesting the County's assistance with the reconstruction and asphalt overlay of a portion of Aledo Road after installation of water and sewer improvements by others; being approximately 10,073 square yards; all being located within unincorporated Tarrant County. The purpose of this agreement will be to furnish the labor and equipment necessary to assist the City in completing the project. Tarrant County will provide the labor and equipment to mill and remove excess materials, reclaim and stablize with lime at 45 pounds per square yard at 10-inch depth, the exposed subgrade, regrade, shape and prime the stabilized roadbed, place four inches of asphalt surface (rype B) and two inches of asphalt surface (type D), backfill pavement edges, stripe and clean the project of excessive spoil material as detailed in the contruction plans far City Project No. 105498. The City will supply the County with Purchase Orders for 100% of the material costs in an amount not to exceed $475,854.96, and will be responsible for cost overruns. The term of the ILA is through September 30, 2026, unless terminated or extended per the ILA terms. This ILA has been approved as to form by the Criminal District Attorney's Office. FISCAL IMPACT There is not fiscal impact associated with this item. PASSED AND APPROVED on December 9, 2025. COUNTY OF TARRANT STATE OF TEXAS � Signcd by Tim O'TIarc on Dcccmbcr 18, 2025 1:33 PM Tim O'Hare County Judge �� Signed by Manny Ramirez on .Tanuary 7, 2026 10:46 AM Manny Ramirez Commissioner, Precinct 4 APPROVED AS TO FORM: Signed by Mark Kratovil on December 17, 2025 12:09 PM DistrictAttorney'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. �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Mayor and Texas Council Communication DATE: 04/08/25 M&C FILE NUMBER: M&C 25-0291 LOG NAME: 60ALED0 ROAD PUBLIC IMPROVEMENTS SUBJECT (CD 3) Authorize Execution of a Community Facilities Agreement with PMB Team Ranch Devco LLC, with City Participation in an Amount Up to $2,704,245.59, for Oversizing an 8-Inch Water Main to 16-Inches and an 8-Inch Sewer Main to 18-Inches, 20-Inches and 27-Inches for Anticipated Future Growth for Southwest Fort Worth, Authorize Execution of an Interlocal Agreement with Tarrant County, Texas with City Participation in an Amount Up to $475,584.96 for Repairs to Old Aledo Road and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Community Facilities Agreement with PMB Team Ranch Devco LLC, with City participation in an amount up to $2,704,245.59, for oversizing an 8-inch water main to 16-inches and an 8-inch sewer main to 18-inches, 20-inches and 27-inches for anticipated future growth located in Southwest Fort Worth; 2. Authorize the execution of an interlocal agreement with Tarrant County, Texas with participation in an amount up to $475,584.96 for repairs to Old Aledo Road; and 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Revenue Bonds Series 2022 Fund by increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City Project No. P00001) in the amount of $3,515,725.00 and decreasing estimated receipts and appropriations in the Unspecified-All Funds project (City Project No. UNSPEC) by the same amount for the purpose of funding the Community Facilities Agreement — CFA Aledo Road Stage 1 project (City Project No.105498) and to effect a portion of Water's contribution to the Fiscal Years 2025-2029 Capital Improvements Program. DISCUSSION: PMB Team Ranch Devco LLC (Developer) is constructing the Rockbrook development project located east of Ranch to Market Road (R.M.) 2871 and north of Aledo Road. The Water Department is requesting to oversize approximately 4,695 linear feet of 8-inch water main to 16-inches and 4,714 linear feet of an 8-inch sewer main to 18-inches, 20-inches, and 27-inches for anticipated future growth in the area. The construction cost for the 16-inch water main is estimated to be allocated at 17.9% for the Developer and 82.1 % for the City. The construction for the sewer mains is estimated to be allocated at 6.7% for the Developer and 93.3°/o for the City. The Aledo Road Infrastructure project is assigned City Project No. 105498 and Accela System Record IPRC24-0059. This project has been publicly bid. The City's cost participation in oversizing of the water main is estimated to be in an amount not to exceed $2,704,245.59 as shown in the table below. Payments to the Developer are estimated to be $2,239,295.20 for construction costs, $411,620.14 for design services and $44,785.90 for material testing cost. The City's cost participation also includes $8,544.35 to cover the City's portion of construction inspection service fees, administrative material testing service fees, and water lab testing fees. An additional $335,894.28 in contingency funds will cover the City's portion of any change orders. The following table shows the cost-sharing breakdown for the project between all parties: A. Construction I� 1. Water II2. Sewer I�3. Paving IContingency Ilnspections & Testing B. Construction Inspection Fee C. Admin Material Testing Fee IID. Water Lab Fee E. Material Testing Cost Contingency Developer City Cost Total Cost I Cost � $207,670.61 � $952,500.39 $1,160,171.00 $92,406.49� $1,286,794.81 � $1,379,201.30 $184,335.00 $0.00 $184,335.00 $0.00 $335,894.28 $335,894.28 $59,400.00 $7,992.40 $607.50'I $0.001 $8,100.00 $67,500.00 $275.60 $8,268.00 $168.75�I $776.25 $44,785.90 $44,785.90 A. Construction Developer I City Cost Total Cost Cost �F. Design Services II $56,599.86� $411,620.14�I $468,220.00 ITotal Project Cost II $609,011.86I $3,040,139.87I$3,649,151.73 � *Numbers will be rounded up for accounting purposes. The reimbursement of the City participation is not a lump-sum amount and may be less than the stated amount depending upon the actual quantities and unit prices from the Notice of Final Completion package, commonly referred to as the Green Sheet package. Tarrant County's Precinct 4 has agreed to participate in the rehabilitation and resurfacing of approximately 0.82 miles of Old Aledo Road from R.M 2871 going east. Under the Interlocal Agreement, Tarrant County will provide all necessary labor and equipment to perform this work, and the City of Fort Worth will pay for the cost of materials and other incidentals in the amount up to $475,584.96. PMB Team Ranch Devco LLC will contribute $31,864.19 of this cost to the City for their portion of the work. The following table shows the cost-sharing breakdown for the project: ICity of Fort Worth (93.3%) � $443,720.77 IPMB Team Rancho Devo (6.7%) I $31,864.19 �Contingency 20% � $475,584.96 It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the Mayor & Council Communication (M&C) will appropriate funds in support of the Water DepartmenYs portion of the City of Fort Worth's Fiscal Years 2025-2029 Capital Improvements Program, as follows: 60ALED0 ROAD INFRASTRUCTURE IMPROVEMENTS Capitall Project FY2025 CIP � Budget Revised Fund Authority Change (Inc / FY2025 Name Name Appropriations Dec Budget W&S CFA- Rev Aledo Ser es Road $0.00 M&C $3,515,725.00 $3,515,725.00 2�22 Stage 56020 Funding is available in the Unspecified-All Funds project within the Water & Sewer Bond 2022 Fund for the purpose of funding the CFA- Aledo Road Stage 1 project. Funding for the Community Facility Agreement (CFA) — Aledo Road Stage 1 project is as depicted in the table below: Fund Existing Additional Project Total Appropriations Appropriations 56020 - W&S Rev $0.00 $3,515,725.00 $3,515,725.00 Bonds Series 2022 ITotal $0.00 $3,515,725.00 $3,515,725.00 *Numbers rounded for presentation purposes. A business equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. This project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified - All Funds project within the W&S Rev Bonds Series 2022 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in W&S Rev Bonds Series 2022 Fund for the CFA- Aledo Road Stage 1 project to support the approval of the above recommendations and execution of the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: Chris Harder 5020 Additional Information Contact: Suby Varughese 8009 Melissa Harris 8428 Expedited F�R'���RTHa City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tarrant County Subject of the Agreement: Interlocal Agreement for paving repairs to Old Aledo Road M Approved by the Council? * Yes � No ❑ If so, the M&C �nust be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No � If �so, provide the original contract nuniber and the amendment number. Is the Contract "Permanent"? *Yes � No ❑ If �unsure, see back page for permanent contract listing. Is this entire contract Confidential? �Yes ❑ No � Ifonlyspecific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If �different fi�om the approval date. If �applicable. Is a 1295 Form required? * Yes ❑ No � '�If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. CPN 105498 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes � No ❑ Contracts need to be routed for CSO processin� in the followin� 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.