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HomeMy WebLinkAbout065564 - Construction-Related - Contract - Tarrant CountyCSC No. 65564 STATE O "IEXA5 § Interlocal Agreement for § Everman Parkway Safe Streets COUNTY OF TARRANT § This interlocal agreement (ILA) is entered into bet% een 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 2021 Transportation Bond Program (2021 TBP) to a needed transportation project within the boundaries of both parties which the Commissioners Court of the COUN'CY and the governing bodv of the CITY find serves a public purpose and promotes the public welfare of the citizens of Tarrant County. The COUNNTY and the CITY make the folloti«ng findings of fact: This ILA is made pursuant to Chapter 791 of the Tcxas Governinent 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; The project benefits the public in that it is a needed transportation project; 4. The COUNTY and the Ci f'Y each has the legal authority to perforur 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. I. PROJEQ1 DESCRIPTIQ?V This Project, hereinafter referred to as the "Project", will consist of the constructionl (or reconstruction) of F,verman Parkway starting from Oak Grove to Forest Hill Drive. The pumose of the project is for the construction on Everman Parkwvay from teak Grove to Forest Hill Drive. II. ,5CQPE OF SE9X1QK.S PR+QVIDED BY CITY The services to be provided by the CITY shall include, but are not limited it), the following; A. All total project costs including constriction. right of way acquisition, utility relocation, engineering, schernaties, planning, surveying, and governmental approval costs (Mlectively r6erred to as "Casts''); OFFICIAL RECORD Everman Farkwav safe Streets: 2021 T'ransportatian Bond Pro -ram CITY SECRETARY page I FT. WORTH, TX E. FollwAing project completion, the CITY will provide the overall total project cost summary vpith final cost share between funding partners; C. Construction agreement administration, site re,,iew, permitting, and inspection; D. The CITY u_rees 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 peree nt complete for each major component of the Project shall be provided to the COUNTY 1. pith eery reimbursement request. G. The CITY agrees to invite the COUNTY to any project groundbreaking or ribbon gutting 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 pratoct is funded by the City of Fort Worth and the Tarrant County Commissioners Court through the Tarrant County 2021 Transportation $orid Program, Prt:cinct 1: Commissioner Roderick Miles Jr." III. TE N1 This ILA shall become effective; upon the approval of both parties and shall terminate on September 30. 2028, or until the project is completed, whichever date is later, unless terminated as described in Section XII in this II.A, or extended in N%Titing and approved by both parties. 1 it . FISCAL FUNDrING ACKNOWLERUME, NT Tarrant County bond funds will be encumbered can a fiscal veur basis in accordance with the Certification of available Funds sho\ n 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 parn 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 apprnpriat ions were received without penalty or expense to the atTected party ofany kind whatsoever, except to the portions of annual payments herein agreed upon for whitrh funds shall have bcen appropriated. Fverman Farkway Safe 5treats: 1021 Transportation Bond Frognnj Page V. REIMBURSEMENT PROCESS The COUNTY agrees to reimburse the CITY for the actual eligible PROJECT costs in an amount not to exceed S1,000,000.00, Any reimbursement request from the CITY should include: t) 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 design phase of the project is complete along with identification of final costs of the design phase. Final reimbursement for the costs of the design phase may be requested by CITY prior to the aomplction of all construction on the project. COUNTY bond funds for the project are allocated as follows: 1;2pg1X Pa Wgnt by PhUe*_ Design: $5oo,000.00 FY2026 ROW Acquisition;- $0.00 Construction: S 500 000.00 l:Y202$ TOTAL; $ l,"0,000.0t! TBP Funding Category: 2021 Pct 1 Discretionary Rein:burserr ent payments will be issued by the C0Utw7Tf6r efrgibk expenses incurred during the Fiscal Year for which bond f ndls are certified by the Ta"ant Cozinq, A editor. The CITY understands that the CITY will be responsible for cost overruns and any other expenses incurred by the CITY in perforating the services described Herein. The CITY agrees that the COtli'�ITY retains control over when reimbursement payments %%ill he disbursM to the CITY, V11 . C EN CX-1 w N DIENTACOURAM Neither the COUN. TY nor any employee thereof is an agent of the CITY, and neither the CITY nor any employe-- thereof is an agent of the COUNTY. This ILA does not and shall not be construed to entirle either parry or any of their respective employees, if applicable, to any benefit, privilege or outer 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. V1I. ASSIGNMENT Neither p'sirtt" may assign. In whole nor in pant. any interest it may have in this ILA withow the prior written consent of the other party'. £verman Parl.vFay safe streets. 2011 Transportation Bond Program Page 3 V[II. THI -P RTY BENEFICIARY EXCLUDED No person other than a part- to this ILA may bring a cause of action pursuant to this ILA as a third -party berteficim . This ILA may not be interpreted to waive the sovereign or governmental imrnttnity of any park, to this ILA to the extent such party may have immunity tinder Texas law. IX. AUDIT OF RECORDS The CITY's records regarding this PROJECT shall be subject to audit by the COUNTY dtiring 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 mast 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. XI I. TERTMI N ATION. Until funded by the COUNTY as described in Section V., thic ILA may be terminated by either party by providing %vrittcn notice to the other pally at [east thirty (30) days prior to the intended datc of tcrinination. Such nolicc shall be deemed given when personally delivered or mailed by certified or registered [nail (Nvith return -receipt rand postage prepaid) and addressed to: COUNTY: CITY, County Administrator Mayor or City Manager Tarrant County City of Fort Worth 100 E. Weatherford Street, Ste. 404 100 Fort Worth Trait port Worth, Texas 76196 Fart Worth, TIC 7610' 1XI II. S V [GN POWERS The COUNTY and the CITE' agree and understand neither Parts- waives not surrenders anti. of its govemmental powers by execution of this ILA. Fversgan Parkway Safe Stsectss 2021 Transportation Bond proZram Page 4 XI V. 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 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 pennits. XV. EXECUTION OF AGREMENT 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, what 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. Signatures of the ,parties transmitted or executed electronically shall be deemed to be their original signatures for any purpose whatsoever. APPROVED on this day the day of , 2024 by Tarrant County. TARR.ANT COUNTY, TEXAS Tim O'Hare, County Judge Roderick Miles Jr„ Commissioner Precinct I APPROVED AS TO FORM. Criminal District Attomey's Office* Commissioners Court Order Ntr. CITY OF FORT "'OWFH Assistant City Manager ana p; �FORt �49A0 5yYI �g V� 8S { 0 0 PPS*oo o��.d City Secretary Q° nEo a54p Qo-,tbu Black CAFr 27,1rr21G t1 02:e9 C47i City Attorney iM&C: ?G-0� Date. 2'10120-16 By la%v. the Criminal Disuict attorneyy's Office may only approve contracts far its clients, We revie�ti�erl this doct:ment as to form from our client's legal peWective_ Outer pailies may not rely can this approval. instmd, those ponies should seek contract reviov from independent counseL E,verman Parkway Safe Streees: 2021 Transportation Bond Progrnm OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Pair 5 CERTIFICATION OF AVAILABLE FUNDS IN THE AMOUNT OF: $ as follows: Fiscal year ending September 30, 2025: $500,000.00 2021 TBP Discretionary — Pct 1 Auditor's Office Gverman Parkway Safe Streets: 2021 Transportation Bond Program Page 6 RECOMMENDED FOR APPROVAL: By: Laur�ripp26 026 16:21:32 CDT) Lauren Prieur, Director Transportation and Public Works Department 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. Kevin Isu Sr Professional Engineer COUNTY OF TARRANT STATE OF TEXAS �t a Tim O'Hare County Judge June 11, 2026 2:07 PM APPROVED AS TO FORM: Signed by Mark Kratovil on June 9, 2026 4:34 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-COFIN-Fverman Safe Streets-ILA-COMM CT.pdf FORTWORTH, City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tarrant County, Texas Subject of the Agreement: Interloaal Agreement for the construction (or reconstruction) of Everman Parkway starting from Oak Grove to Forest Hill Drive. M&C Approved by the Council? * Yes ® No 13 If so, the AMC must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No JW If so, ,provide the original contract nuinber and the ainer dnient 111onber. Is the Contract "Permanent"? *Yes @ No ❑ If umure, .see back page for permanent contract listing, Is this entire contract Confidential? *Yes ❑ No 8 0'on4,specY1c inforination is Confidential, please list ghat inforotation is Confidential and the page it is located, Effective Date: Expiration Date: 1f di, fferent from the approval date. ff applicable, Is a 1295 Farm required? * Yes ❑ No H *If so, please ensure it is attached to they approving M&C or attached to the contract. Project Number: Ifapplicable_ 106479 *Ditl you include a Text field on the contract to add the Cite Secretary Contract (CSC) number? Yes IN No ❑ Contracts need to be rottted for CSO processing In the following order: 1. Katherine Cenicola (Approver) . Janllette S. Goodall (Signer 3. :Alison Ti&tiell (Farm Filler) *hidicrrtes the b fortnation is required and rf th7e h!formation is not provided, the contract svill be returned to the de1wrttnment. m&L Keview t age t or O iicl,a, site cf t e City of Fur `Nvth, Tc-Yaq CITY COUNCIL AGENDA FORTWORTII Y Create New From This M&C REFERENCE *=M&C 26- 20EVERMAN PARKWAY DATE: 2110I2026 NO.: 0103 LOG NAME: SAFE STREETS INTERLOCAL AGREEMENTS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 8) Authorize Execution of an Interlocal Agreement with Tarrant County for Reimbursements of City Design and Construction Costs in an Amount Up to $1,000,000.00, Authorize Execution of an Interlocal Agreement with the City of Everman for the Everman Parkway Safe Streets Project in the Amount of $263,655.00 Pius an Additional Contribution of Transportation Development Credits Equated to $450.000, subject to State Approval of Reallocation of the Credits; Adopt Appropriation Ordinances, and Amend the Fiscal Years 202E-2430 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: t. Aiuthorize execution of an Interlocal Agreement with Tarrant County for reimbursement of eligible City design and construction costs In an amount up to $1,000,000.00 for the Everman Parkway Safe Streets project (City Project No. 106479); 2. Adopt the attached appropriation ordinance Increasing estimated receipts and appropriations in the Intergovernmental Contribution Fund in the amount of $1,000,000.00, from future reimbursements from Tarrant County, for the purpose of funding the Everman Parkway Safe Streets project (City Project No. 106479); 3. Authorize execution of an Interlocal Agreement with the City of Everman for reimbursement of City Design and Construction Costs in the Amount up to S263,655,00, plus any construction cost overruns within the City of Everman for the Everman Safe Streets project (City Project No. 106479); 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the intergovernmental Contribution Fund in the amount up to $263,655.00, plus any construction cost overruns within the City of Everman, from future reimbursements from the City of Everman, for the purpose of funding the Everman Safe Streets project (City Project No. 106479), 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Capital Project Other Fund in the amount up to 450,000 in the form of Transportation Development Credits for the purpose of funding the Everman Safe Streets project (City Project No.106479); and 6, Amend the Fiscal Years 2026.2030 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and. Council Communication (M&C) is to authorize the execution of an Interlocal Agreement (ILA) with Tarrant County in the amount up to S 1,000,000.00 and an interlocal agreement with the City of Everman in the amount up to $263,655.00 to receive reimbursement funding from Tarrant County and from the City of Everman for the Everman Parkway Safe Streets project (City Project No, 106479), Everman Parkway generally is a border between the cities of Fort Worth and Everman. The project aims to provide pedestrian and bicycle amenities to Connect four Everman IS[) schools located in Fort Werth and Everman and requires complex design elements_ Construction will include htip :+:+'apps.crvmet.oru,`COLI[Icil 1;j6' L';`r�ic_re�i�tir.�s ' If?=.ill I ct?uncilti�ite='r`ICJ.1{?a 4r11' 0 6 4VILKL Kev lew rage .c of i pavement, box culverts, shared -use paths, streetlights. and ether transportation elements. The project Will install Mike lanes and shared -use paths along the routes to the four schools and include intersection treatments such as enhanced crosswalks. Tha schools do not currently have a safe path for students to Mika to school. The inconsistent sidewalks and ditches tt rcughcut the corridor make it potentially unsafe for young pedestrians and bicyclists. Tarrant County will reimburse the City up to S500,000.00 in design costs and up to $500,000.00 in construction costs, with soft costs coming from other funding sources. The rest of the project will be funned through an Advanced Funding Agreement from Texas Department of Transportation. Fort Worth's only funding olaligation thus far will be for soft costs associated with the design and inspection of the project. The City of Everman M reimburse the City in the amount of $263,655.00 in construction costs, plus any construction cost overruns within the City of Everman. The rest of the project will be funded through an Advanced Funding Agreement from the Texas Department of Transportation. Fort Worth's only funding obligation thus far will be for $232,500.00 for design and environmental clearance, plus any construction cost overruns within the City of Fort Worth. The City of €verman vAll, in addition, provide transportation development credits to the City of Fort Worth valued at an amount up to S450,000.00 as follows: 225,000 in tranisportar on development credits at the commencement of installation and construction, and the remaining transportation developrnent credits at i ompletidn df installation -and consfructi6h. — — — — — — -- — --- _ _ Interlacal Agreement with Tarrant County: Existing Authorized Fund Funding Funding (M&C) Total 30ttt� - Intergovem mental S0.00 $1,000,000.00 51,000,000.00 Contribution Fund Interlocal Agreement with the City of Everman: Existing Authorized Fund Funding Funding Total (M &C $263,655,00 plus $263,665.00 construction plus 30t[J5 - Intergovernmental SD.00 cost construction Contribution Fund overruns cost overrons within the within the City of City of Everman Everman ! Grants Capital Project Other Fund (Transportation 0 450,000 450.000 Development Credits T TDC) Funding for this project was not indudad in the Fiscal Years (FY) 2026-2030 Capital Improvement Program as the project and funding sources were not known at the lime of the development of the Capital Improvement Program_ The action in this M&C will amend the FY2026-2030 Capital improvement Program as approved in connection with Ordinance 27979-09-2025. Funding will be available in the Intergovernmental Contribution Fund and in the Grants Capital Project Other Fund for the Transportation and Public Works Department for the Everman Safe Streels project_ h:ip;''apps.chtnet,or rcouncil_packeVnic_ cvieti�.3sp'.'1 =3 1 t6&'ceu3�ciltiatc=2;'1(i,'-102, li2'026 IMAIL Kev iew rage ) of This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATIONICERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, execution of the Inter -local Agreement and adoption of the attached appropriation ordinance, funds will be deposited into the Intergovernmental Contribution Fund and the Grants Capital Project Other Fund for the Everman Safe Streets Project. The Transportation and Public Works Department will be responsible for the collection and deposit of funds due to the City. Prior to expenditure Ewing incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Fund i Department Account Project ; Program ID 1 11 ID i Fund I1I Department Account Project Program ID._..� I �. _....,. �. ID...._.i Submitted for City Manager's Office bv: Originating department Head: Additional Information Contact: ludget Reference # Amount Year 2) _(Chartfield ludget Reference # Amount YI ear.._ 4Chartfield 2) — Jlesica McEaehern (5804) Lauren Prieur (6035) Monty Hall (8662) ATTACHMENTS EVER Aare City of Everman Interlocal Agreement ILA Everman Safe Streets Program DRAFT is PINAL.pdf (CPAInternal) FID Table Everman Safe Streets ILA.xlsx (CFV41aternal) M&C Map Eve rmanParkwaySafeStreets Project C_SJ090290334.pdf (Public) ORD.APP 20EVERMAN PARKWAY SAFE STREETS INTERLOCAL AGREEMENTS 30106 A026(R4).docx (Public) ORD.APP 20EVERMAN PARKWAY SAFE STREETS INTERLOCAL AGREEMENTS Grant �31003�A026(55) docx (Public) ORD.APP 20EVERMAN SAFE STREETS ILA WITH TARRANT COUNTY 30106 A026 R2.docx (Public,) -- TEP-2021-COFW-Everman Safe Streets -ILA Tarrant County DateU pdated.pdf (CPAI Internal) httl� `,'.spps.ct�rncE.c�r� ces�aneil_packeat'iiw-revic.a.sp:'1D=i4t4G&counciIdaEc-2?1W2026 -4f,`21 026 TARRANT COUNTY COMMISSIONERS COURT COMMUNICATION Court Date: June 9, 2026 Court Order #:-147231 Pace: 1 of I I Department: Transportation Services Prepared By: Sarah VanTassel Approved By: Dillon Maroney SUBJECT: Consideration of an Interlocal Agreement Between Tarrant County and the City of Fort North Related to the Everman Parkway Safe Streets Project - 2021 Transportation Bond Program *** CONSENT AGENDA *** CONINIISSIONERS COURT ACTION REQUESTED It is requested that the Commissioner Court approve an Interlocal Agreement (ILA) with the City of Fort Worth related to the Everman Parkway Safe Streets - 2021 Transportation Bond Program (TBP), located in Precinct 1 BACKGROUND The City of Fort Worth has requested funding assistance for improvements to the Everman Parkway. The general improvements are on Everman Parkway from Oak Grove to Forest Hill Drive. The project will consist of the design and construction of Everman Parkway to provide pedestrian and bicycle amenities to connect four Everman ISD schools, providing safer conditions for students to walk or bike to school. Project will include pavement, box culverts, shared -use paths, streetlights, bike lanes and shared -use paths, and intersection treatments such as enhanced crosswalks. With approval, funding is provided from Precinct 1, Commissioner Miles 2021 TBP Discretionary funding category. The project is currently in the design phase. The funding assistance will be split in half, with $500,000.00 being used towards design and $500,000.00 being used for construction. The Term of the ILA is through September 30, 2028, or until the project is completed, whichever date is later. This ILA has been reviewed by the Auditor's Office and approved as to form by the District Attomey's Office. FISCAL IMPACT Total cost for the project will be $1,000,000.00. The fiscal impact for 2026 will be $500,000.00 which is available in account 47800-2026 2021 Transportation Bond Election ! 6840100000 Engineering 1579061 County Projects. PASSED AND APPROVED on June 9. 2026