HomeMy WebLinkAboutItem 05 - Bass Pro Drive Funding I L..L III :#5
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: FEBRUARY 5, 2013
SUBJECT: TARRANT COUNTY INTERLOCAL AGREEMENT - BASS PRO
DRIVE FUNDING
RECOMMENDATION:
City Council consider approving an Interlocal Agreement with Tarrant County for the joint
funding of the Bass Pro Drive widening project from SH 121 to SH 26 and take any
necessary action.
FUNDING SOURCE:
Proposed Funding: 178-78376-011 up to $6,000,000 with the 2006 Tarrant County Bond
Program reimbursing the City either $3,000,000 of total project costs or 50% of costs,
whichever is less.
2006 Tarrant County Bond Program $ 3,000,000
GO Bonds Acct# 178-78376-011 $ 3,000,000
BACKGROUND:
The scope of the project includes design and construction of roadway improvements for
Bass Pro Drive between SH 121 and SH 26.
The project will develop the design based upon updated traffic volumes once the DFW
Connector has been completed and the traffic volumes have stabilized in the roadway
corridor.
Based on these volumes, capacity and operations improvements will be developed for
Council consideration prior to final design. Of special interest will be the operational
characteristics of the two intersections at SH 121 and SH 26.
Right-of-way has been acquired by TxDOT for this roadway segment.
The county and city will fund the roadway improvements equally up to $3 million each.
Staff recommends approval.
RMGENDA12013102-05-131Bass Pro Dr Interlocal Agmt-Tarrant County.doc January 15,2013
(3:11:22 PM)
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STATE OF TEXAS
Interlocal Agreement
COUNTY F TARRANT
This agreement is entered into between Tarrant County, Texas, hereinafter
referred to as COUNTY, and City of Grapevine, hereinafter referred to as CITY, and
collectively referred to as the parties, for the purpose of funding a needed
transportation project within the boundaries of both parties which the Commissioners
Court and the governing body of the CITY find serves a public purpose and the public
welfare of the citizens of Tarrant County.
The COUNTY and the CITY 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 the CITY 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.
I.
PR03ECT DESCRIPT70N
This project will widen Bass Pro Drive from four lanes to a divided six lanes from State
Highway 26 to State Highway 121.
SCOPE OF .
SERVICES PROVIDED BY CITY
The services to be provided by the CITY shall include, but are not limited to, the
following:
Interlocal Agreement Transportation Bond 2006-2007 Page
I L..EM #5
A. All as-built total project costs including all construction cost, right of way
acquisition, planning, engineering, surveying and governmental approval
cost (collectively referred to as"Costs"};
B. Construction agreement administration, 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. CITY will notify the COUNTY on completion of the project.
F. CITY will include the following language on all on-site public notice
signage:
"This project is funded by the City of Grapevine and the Tarrant County
Commissioners Court through the 2006 Tarrant County Bond Program"
III.
TERM
This agreement will conclude with the ending of the current fiscal year unless
terminated sooner per Section XI of this agreement.
I .
COST
COUNTY agrees to reimburse CITY either $3,000,000 of its Costs or 50% of its
Costs, whichever amount is less. Attachment A incorporated into this agreement by
reference sets forth the funding schedule for this reimbursement. However, in the
event that the schedule is delayed, the COUNTY is excused from paying until the
successful completion of the scheduled phase of the project as reasonably determined
by the COUNTY. The CITY will provide certification signed by the CFO or authorized
official that the work has been completed and that the funds being requested have
been expended.
CITY understands that CITY will be responsible for any other expenses incurred
by CITY in performing the services under this agreement.
Interlocal Agreement Transportation Bond 2006-2007 Page 2
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V,
AGENCY-INDEPENDENT CONTRACTOR
Neither COUNTY nor any employee thereof is an agent of CITY and neither CITY
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.
CITY agrees that the COUNTY will have no right to control the manner or means
of construction of the project.
VI.
SIGN. ENT
Neither party may assign, in whole nor in part, any interest it may have in this
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.
II.
AUDIT OF RECORDS
CITY'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.
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.
Interlocal Agreement Transoortation_Bond 2006-2007 Page 3
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X.
SCHEDULING
CITY agrees that the COUNTY retains control over the COUNTY funding
disbursement schedule identified in Attachment A. COUNTY agrees to notify CITY 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.
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 party 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:
COUNTY: CITY:
County Administrator City Manager
Tarrant County City of Grapevine
100 E Weatherford St 200 S. Main Street
Fort Worth, Texas 76196 Grapevine, Texas 76051
APPROVED on this day the day of , 20_, by Tarrant
County.
Commissioners Court Order
TARRANT COUNTY
STATE OF TEXAS CITY
County Judge._.._.�...�� ...�„�. o�.n.........._. Signature .........m ..... , .
Interlocal Agreement Transportation Bond 2006-2007 Page 4
L.. III :#5
CERTIFICATION OF AVAILABLE FUNDS IN THE AMOUNT OF $
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 $
All future years funding is contingent on future debt issuance
and renewal of this contract
Fiscal year ending September 30, 2014 $1,650,000
Fiscal year ending September 30, 2015 $1,350,000
Fiscal year ending September 30, 2016 $
---------------------------------
$3,000,000
Auditor's Office
APPROVED AS TO FORM: APPROVED AS TO FORM AND
CONTENT:
District Attorney's Office* City Attorney
*By law, the District Attorney's Office may only advise or approve agreements or legal documents on behalf of its
clients. It may not advise or approve a agreement or legal document on behalf of other parties. Our review of this
document was conducted solely from the legal perspective of our client. Our approval of this document was
offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review
and approval by their own respective attorney(s).
Interlocal Agreement_Transportation Bond 2006-2007 Page 5
ATTACHMENT A
Project Information
City: City of Grapevine
Project Name: Widening of Bass Pro Drive
Proposed Project Schedule
Start Date Duration (mo) End Date
Design: Mar-2013 8 Nov-2013
ROW Acquisition:
Utility Relocation: Dec-2013 6 Jun-2014
Construction: Dec-2013 18 Jun-2015
* COUNTY payments by completed phase are contingent upon the COUNTY'S
reasonable determination that the work regarding the project phase 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: $300,000
ROW Acquisition: $
Utility Relocation: $
Construction: $2,700,000
County Funding
Total: $3,000,000
Proposed County Payment by Calendar Quarter(SUBJECT TO CHANGE)
1St Quarter 2nd Quarter 3rd Quarter 4d' Quarter
2007 $ $ $ $
2008 $ $ $ $
2009 $ $ $ $
2010 $ $ $ $
2011 $ $ $ $
2012 $ $ $ $
2013 $ $ $ $300,000
2014 $450,000 $450,000 $450,000 $450,000
2015 $450,000 $450,000 $ $
2016 $ $ $ $
Interlocal Agreement Transportation Bond 2006-2007 Page 6