HomeMy WebLinkAboutContract 45784 CITY SECIR&TARY,
CONTRACT No.
STATE OF TEXAS §
§ Interlocal Agreement
COUNTY OF TARRANT §
This agreement is entered into between Tarrant County, Texas, hereinafter
referred to as COUNTY, and the City of Fort Worth, hereinafter referred to as FORT
WORTH, and collectively referred to as the parties, for the purpose of funding a needed
transportation project within the boundaries of FORT WORTH, the City of Hurst and the
COUNTY which the Commissioners Court and the governing body of FORT WORTH find
serves a public purpose and serves the public welfare of the citizens of Tarrant County.
The parties make the following findings of fact:
1. This agreement is made pursuant to Chapter 791 of the Texas
Government Code;
2. To the extent necessary the parties will use current revenues to pay
obligations in this agreement;
3. The project benefits the public in that it is a needed transportation
project;
4. The COUNTY and FORT WORTH each has the legal authority to perform
its obligations in this agreement; and
5. The division of costs provided in this agreement constitute adequate
consideration to each party. ... .. ,.o.........................w_..,. _ .w...o,.. ........
I.
C177 SECREARY
PROJECT DESCRIPTION F1',, WO(i"TI X
This project will reconstruct Norwood Drive (PROJECT) from State H ghway.....1 0'..." ...........
southward to Trinity Boulevard as described below.
PROJECT— Phase 1:
Norwood Drive will be reconstructed to a three-lane undivided minor arterial for
approximately 1,400 linear feet. The limits of reconstruction are from Trinity
Boulevard to approximately 200 feet north of the Trinity Railroad Express at-grade
crossing.
PROJECT— Phase 2:
Norwood Drive will be improved with an asphalt overlay from approximately 200
feet north of the Trinity Railroad Express at-grade crossing to State Highway 10.
Interlocal Agreement Transportation Bond 2006-2007 Page 1
RECEIVED JUL 2 8 1014 RECEIVED JUL 0 2 2014
PROJECT— Phase 3:
Norwood Drive will be widened to allow for a left turn lane at State Highway 10. The
Traffic Signal at State Highway 10 and Norwood Drive will be modified to
accommodate the left turn lane.
PROJECT— Phase 4:
Trinity Boulevard will be widened to add a left turn lane onto Norwood Drive. The
Traffic Signal at Trinity Boulevard and Norwood Drive will be modified to
accommodate the left turn lane.
II.
SCOPE OF SERVICES PROVIDED BY CITY
The services to be provided by FORT WORTH shall include, but are not limited
to, the following:
A. All as-built total costs for PROJECT-Phases 1,3 and 4 including all
construction cost, right-of-way acquisition, planning, engineering,
surveying and governmental approval costs (collectively referred to as
"Costs';
B. Construction agreement administration, right-of-way acquisition, site
review, permitting and inspection;
C. Interagency cooperation;
D. A monthly progress report documenting the percent complete for each
major component of the PROJECT shall be provided to the COUNTY;
E. FORT WORTH will notify the COUNTY on completion of the PROJECT-
Phases 1,3 and 4; and
F. FORT WORTH will include the following language on all on-site public
notice signage:
"This project is funded by the City of Fort Worth and the Tarrant County
Commissioners Court through the 2006 Tarrant County Bond Program"
Interlocal Aareement Transportation Bond 2006-2007 Page 2
III.
TERM
This agreement will conclude with the ending of the current fiscal year unless
terminated sooner per Section XI of this agreement. This agreement may be renewed
annually until final completion of the PROJECT.
IV.
COST
PROJECT— Phases 1, 3 and 4
COUNTY agrees to reimburse FORT WORTH up to $445,000 of eligible costs.
Attachment A incorporated into this agreement by reference sets forth the
funding schedule for these payments. However, in the event that the schedule is
delayed, the COUNTY is excused from paying until reasonable progress is made
as determined by the COUNTY. The CITY will provide certification signed by the
CFO or authorized official that the work has been completed and that funds
being requested have been expended. This certification will be provided on a
quarterly basis in accordance with the schedule shown in Attachment A and will
include copies of all invoices for work performed during that quarter.
PROJECT— Phase 2
COUNTY agrees to perform all PROJECT — Phase 2 tasks as defined herein.
COUNTY costs related to PROJECT— Phase 2 tasks will not exceed $255,000.
FORT WORTH understands that FORT WORTH will be responsible for any other
expenses incurred in performing the services under this agreement.
V.
AGENCY-INDEPENDENT CONTRACTOR
Neither COUNTY nor any employee thereof is an agent of FORT WORTH and
FORT WORTH nor any employee thereof is an agent of COUNTY. This agreement does
not and shall not be construed to entitle either party or any of their respective
employees, if applicable, to any benefit, privilege or other amenities of employment by
the other party.
FORT WORTH agrees that the COUNTY will have no right to control the manner
or means of construction of the PROJECT-Phases 1, 3 and 4.
VI.
ASSIGNMENT
Neither party may assign, in whole nor in part, any interest it may have in this
Interlocal Agreement Transportation Bond 2006-2007 Page 3
agreement without the prior written consent of the other party.
VII.
THIRD PARTY BENEFICIARY EXCLUDED
No person other than a party to this agreement may bring a cause of action
pursuant to this agreement as a third party beneficiary. This agreement may not be
interpreted to waive the sovereign immunity of any party to this agreement to the
extent such party may have immunity under Texas law.
VIII.
AUDIT OF RECORDS
FORT WORTH's records regarding this project shall be subject to audit by the
COUNTY during the term of this agreement and for two years after the completion of
the PROJECT-Phases 1, 3 and 4.
IX.
ENTIRE AGREEMENT
This agreement represents the entire understanding of and between the parties
and superseded all prior representations. This agreement may not be varied orally, but
must be amended by written document of subsequent date duly executed by these
parties. This agreement shall be governed by the laws of the State of Texas and venue
for any action under this agreement shall be in the district courts of Tarrant County,
Texas.
X.
SCHEDULING
FORT WORTH agrees that the COUNTY retains control over the COUNTY funding
disbursement schedule identified in Attachment A. COUNTY agrees to notify FORT
WORTH of any changes to the funding disbursement schedule 30 days in advance.
Such notification will be in the form of written correspondence delivered by regular
mail.
XI.
TERMINATION
Until funded by the COUNTY as described in Paragraph IV this agreement may
be terminated by either party by providing written notice to the other parry at least
thirty (30) days prior to the intended date of termination. Any notice or other writing
required by this agreement, shall be deemed given when personally delivered or mailed
by certified or registered United States mail, return-receipt, postage prepaid, addressed
as follows:
Interlocal Agreement Transportation Bond 2006-2007 Page 4
COUNTY: ML
County Administrator City Manager
Tarrant County City of Fort Worth
100 E Weatherford St 1000 Throckmorton St.
Fort Worth, Texas 76196 Fort Worth, Texas 76102
APPROVED on this day the day of 20...J1 , by
Tarrant County.
Commissioners Court Order No.
TARRANT COUNTY
STATE OF TEXAS CITY
County Judge Fernando Costa
Assistant City Manager
City of Fort Worth
APPROVAL RECOMMENDED:
Co m
ZOO Douglas Wiersig, P
commissioner, Precinct 3 Director
OR Transportation and Public Works
0 " City of Fort Worth
--p
ATTEST.
Mary Kayser, City Secretary
City of Fort Worth
APPROVED AS TO FORM AND LEGALITY
$4jC C
OFFICIAL. RECORD
CITY SECRETARY Douglas Black, Assistant City Attorney
FT.WORTH, TX City of Fort Worth
Interlocal Agreement Transportation Bond 2006-2007 Page 5
GERTIFICATIO OFAVAILABLEFUND51N THEAMOUNTOF
6
— I-- ---�
Certification of Funds Available as follows:
Fiscal year ending September 30, 2007 $
Fiscal year ending September 30, 2008 $
Fiscal year ending September 30, 2009 $
Fiscal year ending September 30, 2010 $
Fiscal year ending September 30, 2011 $
Fiscal year ending September 30, 2012 $
Fiscal year ending September 30, 2013 $
Fiscal year ending September 30, 2014 $700,000
All future years funding is contingent on future debt issuance
and renewal of this contract
Fiscal year ending September 30, 2015 $
Fiscal year ending September 30, 2016 $
---------------------------------
$700,000**
A 7
Auditor's Office
** Bond funds of$445,000 will be split equally between Precinct 1 and Precinct 3 discretionary accounts
for PROJECT-Phases 1,3 and 4. Bond funds of up to$'2551000 will be split equally between Precinct 1
and Precinct 3 discretionary accounts for PROJECT-Phase 2.
APPR'UVED A FD
r
District Attor 's Office*
*By law, the District Attorney's Office may only approve contracts for its clients. We reviewed this
document from our client's legal perspective. Other parties may not rely on this approval. Instead, those
parties should seek contract review from independent counsel.
Interlocal Agreement Transportation Band 2006-2007 Page 6
ATTACHMENT A
PROJECT Information
City: City of Fort Worth
Project Name: Norwood Drive reconstruction
Proposed PROJECT Schedule
Start Date Duration (mo) End Date
Design:
ROW Acquisition:
Utility Relocation: - -
Construction: Nov-2013 11 Oct-2014
* COUNTY payments by completed phase are contingent upon the COUNTY'S
reasonable determination that the work regarding the PROJECT-Phases 1, 3, 4 for
which payment is expected is successfully completed, as determined by the COUNTY.
COUNTY plans to issue debt for all phases of this PROJECT,therefore payment
remains contingent on debt issuance in accordance with applicable law.
Once Construction commences, COUNTY payment shall be made by fiscal quarter
prorated over the life of the construction but contingent upon reasonable progress in
construction as may be determined by the COUNTY.
Proposed County Payment by Phase
Design: $
ROW Acquisition: $
Utility Relocation: $
Construction: $700,000
County Funding
Total: $700,000*
Proposed County Payment by Calendar Quarter(SUBJECT TO CHANGE)
1St Quarter 2nd Quarter 3rd Quarter 4th Quarter
2007 $ $ $ $
2008 $ $ $ $
2009 $ $ $ $
2010 $ $ $ $
2011 $ $ $ $
2012 $ $ $ $
2013 _w i _ $ $ $
2014 $ $445,000 $255,000 $
2015 $ $ $ _ $-----.....-.—�
2016 $ 1 $ $ $
* Bond funds of$445,000 will be split equally between Prct. 1 and Prct. 3 discretionary accounts; bond
funds of up to$255,000 will be split equally between Prct. 1 and Prct.3 for PROJECT-Phase 2.
Interlocal Agreement Transportation Bond 2006-2007 Page 7
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fo T "-
-.
COUNCIL ACTION: Approved on 2/11/2014 -Ordinance No. 21120-02-2014
DATE: 2/11/2014 REFERENCE NO.: **C-26664 LOG NAME: 201LA NORWOOD
DRIVE
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County in the Amount of
$445,000.00 for the County's Contribution to the Reconstruction of Norwood Drive Between
Trinity Boulevard and State Highway 10 and Adopt Appropriation Ordinance (COUNCIL
DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Interlocal Agreement with Tarrant County in the amount of
$445,000.00 for the reconstruction of Norwood Drive between Trinity Boulevard and State
Highway 10; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the TPW CFA Fund in the amount of$445,000.00.
DISCUSSION:
On December 18, 2012, (M&C C-26027) the City Council authorized the execution of an Enhanced
Community Facilities Agreement with Bell Helicopter Textron, Inc. (Bell Helicopter), which referenced
a contribution of funds by Tarrant County, for the reconstruction of Norwood Drive between Trinity
Boulevard and State Highway 10 as part of Bell Helicopter's expansion of its main headquarters
(M&C C-25367).
This Mayor and Council Communication presents an Interlocal Agreement in the amount of
$445,000.00 in Tarrant County reimbursement funding to the City for the Norwood Drive
reconstruction project.
Staff recommends that the City enter into an Interlocal Agreement with Tarrant County to provide
County reimbursement to the City up to $445,000.00. Tarrant County will also provide $255,000.00
in services for an expenditure of county funds totaling $700,000.00 toward the project.
This project is located in COUNCIL DISTRICT 5, Mapsco 53X and 67B.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current capital budget, as appropriated, of the TPW CFA Fund.
TO Fund/Account/Centers FROM Fund/AccoulnVCenters
2) C205 541200 205760218083 $445,000.00
2) C205 451970 205760218083 $445,000.00
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=l9417&councildate=2/11/2014 7/3012014
M&C Review Page 2 of 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Jim Walker (8009)Pat Buckley (2443)
ATTACHMENTS
201LA NORWOOD DRIVE C205 A014(Revl.30.14).docx
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19417&councildate=2/11/2014 7/30/2014