HomeMy WebLinkAboutItem 23 - Interlocal Agreement for East Wall StreetMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: FEBRUARY 20, 2024
SUBJECT: INTERLOCAL AGREEMENT FOR
CONSTRUCTION/RECONSTRUCTION OF EAST WALL STREET
RECOMMENDATION: City Council to consider approval of an Interlocal Agreement with Tarrant
County for reimbursement for the construction of East Wall Street from
Texan Trail to the west boundary line of Dallas/Fort Worth International
Airport.
FUNDING SOURCE: N/A
BACKGROUND: The proposed Interlocal Agreement is a partnership that Tarrant County
and the City have entered into previously for work on various City streets.
Tarrant County has also entered into similar agreements with neighboring
cities.
The proposed project is the construction of an industrial collector (40' wide
concrete street) from Texan Trail to the DFW International Airport property
boundary. This will serve the Sunbelt Rentals site and future development
to the east.
The project will consist of a 41' curb and gutter street, associated storm
drainage improvements, and a 10' hike and bike trail. The roadway is
consistent with DFW International Airport's Master Thoroughfare Plan and
the trail is being incorporated in the proposed Cotton Belt Trail Regional
Trail Plan.
Under the terms of the agreement, the City will pay the cost of
construction and Tarrant County will reimburse the City for 50% of the
City's costs not to exceed $400,000.
Staff recommends approval.
STATE OF TEXAS § Interlocal Agreement for
§ E. Wall Street Improvements
COUNTY OF TARRANT §
This interlocal agreement (ILA) is entered into between Tarrant County, Texas, hereinafter
referred to as the "COUNTY", and the City of Grapevine, hereinafter referred to as the "CITY",
and collectively referred to as the "parties", for the purpose of providing funding through the Tarrant
County 2006 Transportation Bond Program (2006 TBP) to a needed transportation project within
the boundaries of both parties which the Commissioners Court of the COUNTY and the governing
body of the CITY find serves a public purpose and promotes the public welfare of the citizens of
Tarrant County.
The COUNTY and the CITY make the following findings of fact:
This ILA is made pursuant to Chapter 791 of the Texas Government Code and the Tarrant
County 2006 Transportation Bond Program Policy, as amended;
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 CITY each has the legal authority to perform its obligations in this
ILA;
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.
PROJECT DESCRIPTION
This project, hereinafter referred to as the "Project", will consist of the construction (or
reconstruction) of E. Wall Street from Texan Trail to the west boundary line of Dallas/Fort Worth
(DFW) airport, approximately 1,700 linear feet. Construction will consist of a 41-foot (back to
back) curb and gutter the full length of the project, including a 10-foot wide hike and bike trail,
associated storm improvements including inlets and extending existing box culverts.
II.
SCOPE OF SERVICES PROVIDED BY CITY
The services to be provided by the CITY shall include, but are not limited to, the following:
E. Wall Street Improvements ILA: 2006 Transportation Bond Program Pet. 3 Discretionary Page I
A. All total project costs including construction, right of way acquisition/easements, utility
relocation, engineering, planning, surveying, and governmental approval costs (collectively
referred to as "Costs");
B. Following project completion, the CITY will provide the overall total project cost summary
with final cost share between funding partners;
C. Construction agreement administration, site review, permitting, and inspection;
D. The CITY agrees 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 quarterly project schedule documenting the percent complete for each major
component of the Project shall be provided to the COUNTY;
G. The CITY agrees to invite the COUNTY to any project groundbreaking or ribbon cutting
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 project is funded by the City of Grapevine and the Tarrant County Commissioners
Court through the Tarrant County 2006 Transportation Bond Program."
I. Compliance with Laws: In providing the services required by this Agreement, CITY'S
Contractor 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'S Contractor shall be responsible for ensuring its
compliance with any laws and regulations applicable to its business, including maintaining
any necessary licenses and permits.
M.
TERM
This ILA shall become effective upon the approval of both parties and shall terminate on
September 30, 2026, unless terminated as described in Section XIII in this ILA or extended in writing
and approved by both parties. Yearly renewals are required and will be initiated by the COUNTY
prior to the expiration date herein.
E. Wall Street Improvements ILA: 2006 Transportation Bond Program Pet. 3 Discretionary Page 2
IV.
FISCAL FUNDING ACKNOWLEDGEMENT
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 party will immediately notify the other party of such occurrence and this ILA shall 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 a portion of the actual eligible PROJECT
costs in an amount not to exceed $400,000.00. The COUNTY's reimbursement will be in
accordance with the reimbursement schedule shown in Attachment A. 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.
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.
VI.
AQFNCV-INDEPFNDFNT CONTRACTOR
Neither the COUNTY nor any employee thereof is an agent of the CITY, and neither the CITY
nor any employee thereof is an agent of the COUNTY. This ILA 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.
The COUNTY will have no right to control the manner or means of construction of the CITY's
contractor for this PROJECT.
VII.
,ASSIGNMENT
Neither party may assign, in whole nor in part, any interest it may have in this ILA without the
prior written consent of the other party.
VIII.
THIRD -PARTY BFNFFICIIRV EXCLUDED
No person other than a party to this ILA may bring a cause of action pursuant to this ILA as a
third -party beneficiary. This ILA may not be interpreted to waive the sovereign or governmental
immunity of any party to this ILA to the extent such party may have immunity under Texas law.
E. Wall Street Improvements ILA: 2006 Transportation Bond Program Pet. 3 Discretionary Page 3
IX.
AUDIT OF RECORDS
The CITY's records regarding this PROJECT shall be subject to audit by the COUNTY during
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 must be amended by written document of
subsequent date duly executed by these parties.
.4
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.
XII.
SCHEDULING
The CITY agrees that the COUNTY retains control over the reimbursement payment schedule
identified in Attachment A. The COUNTY agrees to notify the CITY of any changes to the
reimbursement payment schedule 30 days in advance, if such changes are the result of COUNTY
requirements. Such notification will be in the form of written correspondence by e-mail or regular
mail.
XIII.
TERMINATION
Until funded by the COUNTY as described in Section V, this ILA 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. Such notice shall be deemed given when personally delivered or mailed by certified
or registered mail (with return -receipt and postage prepaid) and addressed to:
COUNTY:
County Administrator
Tarrant County
100 E. Weatherford Street, Ste. 404
Fort Worth, Texas 76196
CITY:
Bruno Rumbelow
City Manager
City of Grapevine
200 S Main Street
Grapevine, TX 76051
E. Wall Street Improvements ILA: 2006 Transportation Bond Program Pet. 3 Discretionary Page 4
XIV.
SOVEREIGN POWERS
The COUNTY and the CITY agree and understand neither Party waives nor surrenders any of
its governmental powers by execution of this ILA.
APPROVED on this day the _ day of
TARRANT COUNTY, TEXAS
Tim O'Hare, County Judge
Gary Fickes, Commissioner,
Precinct 3
APPROVED AS TO FORM:
Criminal District Attorney's
Office*
, 2024, by Tarrant County.
Commissioners Court Order No.
CITY OF GRAPEVINE
Bruno Rumbelow, City Manager
City Attorney
* 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 OFAVAILABLE FUNDS INTHEAMOUNT OF $
Fiscal year ending September 30, 2024: $20,000.00
Fiscal year ending September 30, 2025: $304,000.00
Fiscal vear ending September 30, 2026: $76,000.00
Total: $400,000.00
Auditor's Office
E Wall Street Improvements ILA: 2006 Transportation Bond Program — Pct. 3 Discretionary Page 5
Proiect information
Jurisdiction
Project Name
ATTACHMENT A
City of Grapevine
E Wall Street Improvements
Proiect Schedule (bv month/vear)
Start Date
Design: Oct-23
Construction: Jan-25
County Payment by Phase*
Construction:
TOTAL:
Duration (mo.)
12
12
$400,000.00
$400,000.00
TBP Funding Category: 2006 Discretionary Fund — Precinct 3
End Date
Sep-24
Dec-25
*Invoice Schedule
Design = N/A
ROWAcquisition = N/A
Construction =Monthly or quarterly throughout the construction period.
Reimbursement 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.
Reimbursement Schedule by Fiscal Year Ouarter (SUBJECT TO CHANGER
1 st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total
FY2024 $0.00 $0.00 $0.00 $20,000.00 $20,000.00
FY2025 $76,000.00 $76,000.00 $76,000.00 $76,000.00 $304,000.00
FY2026 $76,000.00 $76,000.00
E Wall Street Improvements Funding ILA: 2006 Transportation Bond Program — Pct. 3 Discretionary Page 6