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HomeMy WebLinkAbout059380-A2 - Construction-Related - Contract - Tarrant CountyCSC No. 59380-A2 STATE OF TEXAS § § Amendment No. 2 of Interlocal Agreement § for Cromwell Marine Creek Road Widening COUNTY OF TARRANT § BACKGROUND Tarrant County ("COUNTY") and the City of Fort Worth ("CITY") entered into an Interlocal Agreement approved by Tarrant County Commissioners Court Order No. 140838, City Secretary No. 59380, for financial support of up to $13,910,000.00, for the cooperative funding of improvements to Cromwell Marine Creek Road from Boat Club Road to Marine Creek Parkway ("Project") as described in the 2021 Tarrant County Bond Program. 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 Paragraphs III, IV, and V from the original Interlocal Agreement are repealed and replaced with the following language: III.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 until the project is completed, 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 $13,910,000.00. 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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Interlocal Agreement Amendment No. 2— 2021 TBP — Cromwell Marine Creek Rd Widening Project Page 1 County Payment by Phase* Design: $200,000.00 ROW Acquisition: $0.00 Construction: $13,7I0,000.00 TOTAL: $13,910,000.00 TBP Funding Category: 2021 Call for Projects *Reimbursernent payments will be issued by the COUNTYfor eligible expenses incurred during the Fiscal Year for which bond funds are certified by the Tarrant County Auditor. Funds not used in one phase may be rolled to another phase for reimbursement to equal total project funding. 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. APPROVED on this day the 13th day of October , 2026, by Tarrant County. Commissioners Court Order No. 147892 TARRANT COUNTY, TEXAS Separate Electronic Signature Page Tim O'Hare, County Judge APPROVED AS TO FORM: CITY OF FORT WORTH Jesica McEachern, Assistant City Manager Sepa rate te Electronic Signature Page P g g Douglas Black (Aug 28, 2026 09:32:48 CDT) Criminal District Attorney's Office* City Attorney onq 'dfc FORT �aO 23-0154 (Original) p �°°°° ,o ..e M&C za. ,d aaan nEza.9a City Secretary (If applicable) * 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: $13,910,000.00 as follows: Fiscal year ending September 30, 2027: $1,188,530.35-- 2021 TBP Call for Projects— Pct 4 Separate Electronic Signature Page OFFICIAL RECORD Auditor's Office CITY SECRETARY FT. WORTH, TX [nterlocal Agreement Amendment No. 2 — 2021 TBP — Cromwell Marine Creek Rd Widening Project Page 2 4. Consideration of Amendment No. 2 to the Interlocal Agreement Between Tarrant County and the City of Fort Worth Related to the Cromwell Marine Creek Road Widening Project, Precinct 4 - 2021 Transportation Bond Program PASSED AND APPROVED on October 13, 2026. COUNTY OF TARRANT STATE OF TEXAS / Tim O'Hare County Judge October 19, 2026 2:11 PM APPROVED AS TO FORM: Signed by Mark Kratovil on October 14, 2026 9:50 AM 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. CERTIFICATION OF FUNDS IN THE AMOUNT OF $1,188,530.35 Signed by Kimberly Buchanan on October 5, 2026 8:47 AM County Auditor TARRANT COUNTY COMMISSIONERS COURT COMMUNICATION Court Date: October 13, 2026 Department: Transportation Services SUBJECT: Court Order #: -147892 Prepared By: Dee Long, Mobility Coordinator Page: 1 of 5 Approved By: Dillon Maroney Consideration of Amendment No. 2 to the Interlocal Agreement Between Tarrant County and the City of Fort Worth Related to the Cromwell Marine Creek Road Widening Project, Precinct 4 - 2021 Transportation Bond Program *** CONSENT AGENDA *** COMMISSIONERS COURT ACTION REQUESTED It is requested that the Commissioners Court consider Amendment No. 2 to the Interlocal Agreement (ILA) between Tarrant County and the City of Fort Worth related to the Cromwell Marine Creek Road Widening Project, Precinct 4 - 2021 Transportation Bond Program (TBP). BACKGROUND On May 2, 2023, the Commissioners Court, through Court Order #140838, approved an ILA with the City of Fort Worth for financial support of up to $13,910,000.00, for widening improvements to the Cromwell Marine Creek Road from Boat Club Road to Marine Creek Parkway as described in the 2021 Tarrant County Bond Program. The 2021 TBP funding for this project is provided through the Call for Projects funding category. On September 17, 2024, the Commissioners Court, through Court Order #143942, approved Amendment No. 1 to the ILA, extending the term to September 30, 2026. The project is currently in the construction phase, and an additional extension to the ILA is required to continue providing 2021 TBP funding through project completion. If approved, Amendment No. 2 will extend the term of the ILA through September 30, 2028. This Amendment has been reviewed by the Auditor's Office and approved as to form by the District Attorney's Office. FISCAL IMPACT The fiscal impact for FY 2027 will be $1,188,530.35 and is available in 47800-2027 2021 Transportation Bond Program Fund/6840400000 Transportation Services /579061 County Projects (Call-For-Project#4). FORT WORTH® Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Cromwell Marine Creek Tarrant County Interlocal Agreement Amendment No. 2 M&C: CPN: 101012 CSO: DOC#: Date: 8/13/2026 To: Name Department Initials 1. Filogonio Munoz --Bus. Sup. TPW -- Initial _ 2. Alejandra Ayala TPW - Initial 3. Raul Lopez TPW— Initial 4. Lissette Acevedo TPW— Initial 5. Patricia Wadsack TPW— Initial 6. Lauren Prieur TPW— Initial 7. i Doug Black Legal --- Signature po 9a,61zC 8. Jesica McEachern CMO — Signature G. 9. Jannette Goodall CSO - Signature enp�ooaa„ 10. TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNTURE: 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 X No RUSH: ❑ Yes X No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information X Signature/Routing and or Recording o Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Ale'andra.Ayalat fortworthtexas.gov email executed document when completed. FORTWORTH, City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tarrant County Subject of the Agreement: Amendment No. 2 to CSC No. 59380, an Interlocal Agreement for Cromwell Marine Creek Road Widening M&C Approved by the Council? * Yes ❑ No 8 If so, the AMC must be attached to the contract. Is this an Amendment to an Existing contract? Yes N No ❑ 59380-A2 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes N No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 Ifonlyspecffic information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: September 30, 2028 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. Project Number: If applicable. 101012 *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 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.