HomeMy WebLinkAboutContract 41507 CITY SECRETARY
CONTRACT NO. 4 ;O)^
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT
This Interlocal Agreement, made and entered into this the �yl-day of
2010, by and between the FORT WORTH TRANSPORTATION
AUTHORITY, acting herein by and through its governing body, and the CITY OF FORT
WORTH, acting herein by and through its governing body, both of Tarrant County, State of
Texas,witnesseth:
WHEREAS, the CITY OF FORT WORTH and the FORT WORTH
TRANSPORTATION AUTHORITY have entered into various agreements with the North
Texas Tollway Authority (NTTA)to assure the successful completion of the 121 Southwest
Parkway project(SWP);
WHEREAS, the NTTA's design for the SWP in the Forest Park Boulevard
and Interstate Highway 30 area (area) called for a detention pond to accommodate the
stormwater runoff associated with the SWP unless an alternative method to accommodate
the stormwater runoff was constructed by the CITY OF FORT WORTH prior to completion
of that section of the SWP;
WHEREAS,the planned path of the FORT WORTH TRANSPORTATION
AUTHORITY's Southwest to Northeast rail line project(SW2NE) crosses the proposed site
of the NTTA's detention pond;
WHEREAS, the CITY OF FORT WORTH, through its stormwater utility,
has proposed alternative drainage improvements to address the stormwater issues in that
area;however, construction of said improvements is not proposed prior to the completion of
that section of the SWP in the area;
WHEREAS, the FORT WORTH TRANSPORTATION AUTHORITY has
offered to contribute funding for the CITY OF FORT WORTH drainage project if the
project is completed in time to preclude the need for the NTTA's planned detention pond;
WHEREAS, this Interlocal Agreement (ILA) is made under the authority
granted by and pursuant to Chapter 791 of the Texas Government Code;
OFFICIAL RECORD
CITY SECRETARY
FT WORTH, TX
WHEREAS, the party or parties paying for the performance of
governmental functions or services shall make payments therefore from current revenues
available to the paying party; and
WHEREAS, the governing bodies of the two parties find that the project or
undertaking is necessary for the benefit of the public; each party has the legal authority to
build or maintain a project or to provide such service; the construction and improvement
thereof is in the common interest of both parties hereto; and the division of costs constitutes
adequate consideration to each party.
NOW THEREFORE, THE CITY OF FORT WORTH and the FORT WORTH
TRANSPORTATION AUTHORITY AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this ILA is to facilitate the expedited construction of the alternative drainage
improvements as needed due to the proposed SWP in the Forest Park Boulevard and
Interstate Highway 30 area as shown in attachment A by sharing the costs of said
improvements as stated herein.
2. ALTERNATIVE DRAINAGE IMPROVEMENTS FOR THE SWP IN THE
FOREST PARK BOULEVARD AND INTERSTATE HIGHWAY 30 AREA
The CITY OF FORT WORTH shall construct alternative drainage improvements which
shall include the replacement of approximately 185' of an existing 8'x7' box culvert,
construction of an additional double 8'x7' culvert parallel to the existing system(resulting in
4-8'x 7' culverts),expansion of the existing outfall headwall,and sewer and water
relocations and street reconstructions. These alternative drainage improvements will be
constructed with the capability to tie into the improvements being constructed by NTTA for
its Southwest Parkway project. The CITY OF FORT WORTH will provide oversight and
management of the design contract and process for the alternative drainage improvements.
Neither the FORT WORTH TRANSPORTATION AUTHORITY nor THE CITY OF
FORT WORTH shall in any way be responsible for the design or construction of any other
drainage improvements associated with the SWP.
Interlooal for Alternative Drainage Improvements for 121 SWP with the T
CRR 0902100
Page -2-
3. PAYMENT
The FORT WORTH TRANSPORTATION AUTHORITY shall make payment of up to but
not to exceed two million dollars ($2,000,000.00) as consideration for the CITY OF FORT
WORTH expediting the construction of the alternative drainage improvements within thirty
(30) days of receiving CITY OF FORT WORTH's notice of intent to commence
construction of the improvements.
4. TIMELINE
The CITY OF FORT WORTH shall commence construction in the Spring of 2011.
5. LIABILITY AND IMMUNITY
A. The FORT WORTH TRANSPORTATION AUTHORITY shall be liable for only
those claims under which liability is imposed on it by the Texas Tort Claims Act.
The CITY OF FORT WORTH will be liable for only those claims under which
liability is imposed on it by the Texas Tort Claims Act.
B. It is expressly understood and agreed that, in the execution of this ILA, neither of the
parties waives, nor shall be deemed hereby to waive, any immunity or defense that
would otherwise be available to it against claims arising in the exercise of
governmental powers and functions.
C. The parties to this ILA do not intend for any third party to obtain a right by virtue
of this Agreement.
6. TERMINATION
This Agreement shall terminate automatically upon the completion of the subject matter
contemplated herein.
Inted-al for Alternative Drainage Improvements for 121 SWP with the T
CRR 090210v3
Page -3-
ATTEST: CITY OF FORT WORTH:
Marty Hendrix p ��F00% mando Costa
City Secretary P'�o� °distant City Manager
n 6voyy�°a
APPROVED AS TO FORM ANI� o ROVAL RECOMMENDED:
�� $00 a�
00 0000
II
Christa R. Reynolds William A.Verk est,
Sr. Assistant City Attorney Director, Transportation/
Public Works Department
::ontract Authorization FORT WORTH
TRANSPORTATION
a t AUTHORITY:
Ri and L. Ruddell
President/Executive Director
APPROVED AS TO FORM AND LEGALITY:
Sy is Hartless
General Counsel
Interlocal for Alternative Drainage Improvements for 121 SWP with the T
CRR 090210v3 Page -4- OFFICIAL RECORD
CITY SECRETARY
FT WORTH, rX
ATTACHMENT A
MAP OF THE AREA FOR IMPROVEMENTS
Interlmal for Alternative Drainage Improvements for 121 SWP with the T
CRR 090210v3
Page -5-
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Page 1 of 2
City of Fort Worth,, Texas
Mayer and Council Communication
COUNCIL ACTION: Approved on 211512011 -Ordinance Nos, 19556-02-2011 and 19557-02-
2011
DATE: Tuesday, February 15, 2011 REFERENCE NO.: G-17211
LOG NAME. 20FOREST PARK ILA IFL
SUBJECT:
Authorize Interlocal Agreement with The Fart Worth Transportation Authority for the Acceptance of
$2,000,000.00 Towards the Construction of Storm Drain Improvements Near the Forest Park Boulevard,
Interstate Highway 30 Intersection, Authorize a Five Year Interest Bearing Loan from the Aviation
Endowment Gas Lease Fund to the Stormwater Utility Fund in the Amount of$3,500,000.00 and Adopt
Appropriation Ordinances
RECOMMENDATION:
It is recommended that the City Council-
1. Authorize the execution of an Inter l Agreement with The Fort Worth Transportation Authority for
the acceptance of$2,000,000.00 towards the construction of storm drain improvements near the
Forest Pads Boulevard/interstate Highway 30 Intersection;
2. Authorize a five year interest bearing (4.34 percent) inter-fund loan from the Aviation Endowment
Gas Lease Fund to the Stormwater Utility Fund in the amount of$3,500,000.00 for interim financing
of this project, pending contract execution,
3. Adopt the attached appropriation ordinance increasing appropriations in the Stormwater Utility Fund
in the amount of$3,500,000.00 and authorize the transfer of$3,500,000.00 from the Stormwater
Utility Fund to the Stomwater Capital Projects fund;and
4. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the
Storm Water Capital Projects Fund by$5,500,000.00 ($3,500,000.00+$2,000,000.00).
DISCUSSION:
As a part of the North Texas Tollway Authority's(N A)Southwest Parkway Prod (S WP), a detention
pond was planned near the Forest Park Boulevard/interstate Highway 30 intersection. The location for the
proposed pond was directly in the planned path of The Fart Worth Transportation Authority's(Thy;
Southwest to Northeast(SW2NE, rail line. For The T to work around the detention pond would have
significantry increased the cost of the SIA12NE project and created an ongoing maintenance issue. The
Cm's Storm Water Utility has under design a drainage project for that area that will ultimately obviate the
need for the proposed detention pond.
The estimated t of the City's construction pry is$9 million. Based on flood control priorities,the City
did not plan to construct this project for at least five years. The section of the SWP project related to this
issue is planned for nstruction in 2011 and the I intended to construct the detention pond unless
the CiWs drain per. was expedited such that the City-planned drainage improvements were in plam
prior to the completion of this section of the SWP.
In order to expedde.'the Cdys project, The T offere-d t donate$2 mifflon thoward the ccznst eA construchman ill
the project would twe construicted in a tirr*fr ror s- c h that the NTT"A wouki agree not to.build the detention
end. The-maining expected r-om truct o cos;after this d _rahon is$7 million �inutusi e of right-of--way
h t ./.' _cf et.or ec u cil/P t c.as id=1 7 5 : rirr o T =Print 2/15/2011
Page 2 of 2
costs, construction management and contingency). Staff does not believe that this project is high enough
priority to spend $7 million (approximately 28 percent of Storm Water capital funding available for 2011) to
expedite this project. The Aviation Endowment Gas Lease Fund is able to provide an inter-fund loan to the
Stormwater Utility in the amount of$3.5 million with a five year payback at 4.34 percent interest(interest
rate is current 10 year treasury bill rate plus I percent). The Financial Management Services Department
has asserted that this loan can be made in compliance with Section 402.49 of the Local Government Code
which requires that"the income of the drainage utility system be segregated and completely identifiable in
municipal accounts."The Stormwater Utility Fund will repay the principal and interest over five years and
the first year of repayment was included in the City's Fiscal Year 11 adopted annual budget. With this loan
and the donation of The T, City staff recommends expediting construction of the drainage project with the
following breakdown of the cost of construction:
Storm Water Utility revenue bonds $3.5 million
Aviation Gas Well revenue loan $3.5 million
Donation from The T $2.0 million
Total $9.0 million
FISCAL INFORMATION I CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinances, funds will be available in the current capital
budget, as appropriated, of the Stormwater Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM FundlAccountlCenters
2)PE69 222125 0000000 $3,500,000,00 2)T125 137069 000125099901 $3,500,000,00
3)P228 476069 20920. 7463 $3,500,000,00 3)PE69 538040 0209000 $3,500,000.00
4)P228 488100, 209280067483 $2,000,000,00
4)P228 476069 209280067483 $3,500,000.00
4)P228 541200 541200 $5,500,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: William Verkest (7801)
Additional Information Contact: Joe Komisarz (2662)
ATTACHMENTS
1. 20FOREEEST Pi�IIRK ILA IFL REC'3_6 (Public)
2, 20FORESTP, K1LA1FLREC1'4_doc (Publit)
3. A counting ,c.rd M&C 20FOREST PARK ILA,. 1'F!_,pd` (CFW Intemal)
4, Five Year Prowction,lardf (CFVV Inter maj)
5 Forest Park ILA,pdf (CFW Intemal),
6. Histenry and Source of Revenues-pdf (CFW In l)
7, M-AND-C00-6;74,pdf (Public)
8- Orp, rwnng Restults & Conclus*ns pd`; (CFA Internal)
htti)-Han-os.cfw net.orp-,Iecouncil/!Drintrnc.ast)?id=14-/35&,orint--true&DoeTvne=Print 2/15/2011
the
FORT WORTH TRANSPORTATION AUTHORITY
E .,n -fbxas-761012-6720 m (817)21,5-8700
1600 P-,Lancaser mvenue w Fort Wort'
V
December 9, 2010
Grey,� Simmons
Citv Of Fort Worth
1000 Throckmorton Street
Fort Worth., TX i61 02
RE: ILA Between the City of Fort Worth and
The Fort Worth Transportation Authority (The T)
Dear Mr. Simmons:
Enclosed you will find two original copies of the aforementioned ILA. The T has executed both
copies, please have your officials execute and return one fully executed original.
Please feel free to contact me if you should have any questions.
Smccre,ly,
,Gi GLltjejTez
Legal Coordinator
gg"Enclosures
M M, Si E R
hi', V C-E FOR I E APE-