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HomeMy WebLinkAboutContract 46108-A2 C711 FE ET SECOND AMENDMENT TO 18 2018 INTERLOCAL COOPERATION AGREEMENT FOR DESIGN SERVICES OF WILLOW SPRINGS ROAD AND BLUE MOUND ROAD This Second Amendment to Interlocal Cooperation Agreement ("Second Amendment") is made by and between the Northwest Independent School District, a Texas independent school district ("District") and the City of Fort Worth, a Texas municipal corporation ("City"). District and City are sometimes referred to collectively as the "parties" or individually as a >I artY WHEREAS, District and City entered into that certain Interlocal Cooperation Agreement dated October 31, 2014 ("Interlocal Cooperation Agreement"), which is incorporated herein by reference for all purposes, whereby the parties agreed to construct certain roadway and street improvements to Willow Springs and Blue Mound Road in the City of Fort Worth, Tarrant County, Texas, including paving, drainage, sidewalk and illumination improvements, defined as the "Project" in the Interlocal Cooperation Agreement; and WHEREAS, the parties agreed to the First Amendment to Interlocal Cooperation Agreement for Design Services of Willow Springs Road and Blue Mound Road ("First Amendment"), with respect to the Project (M&C C-28906) to set forth the duties and responsibilities of the respective parties for the implementation and funding of the Project; and WHEREAS, the parties find it necessary and advisable to enter into this Second Amendment with respect to the Project to adjust the scope of the Project and the obligations of the respective parties for the implementation and funding of the Project; and WHEREAS, in order to better serve the District's traffic circulation needs, the District in conjunction with other partners will be constructing frontage road and relocating access to US 287 and has requested the City contribute to that endeavor and the City agreed to accept a reduced amount of reimbursement from the District as the City's contribution. WHEREAS, the parties further find that all applicable laws have been complied with in order to continue undertaking the Project and to enter into this First Amendment. NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The recitals contained in this Second Amendment: (a) are true and correct as of the Effective Date (hereinafter defined) of this Second Amendment; (b) form the basis upon which the parties negotiated and entered into this Second Amendment; (c) reflect the intent of the parties with regard to the subject matter of this Second Amendment; and are incorporated into the body of this Agreement as if fully set forth herein. If it becomes necessary to interpret any provision of this Second Amendment, the intent of the parties, as evidenced by the recitals, shall be given full effect. � .-)FMIAL RECORD o,%Aecond Amendment to Interlocal Cooperation AgreementTA EC I of 3 G\GSQ� 286 ` LCFT ° Tf �ii 2. Amendment to Interlocal Cooperation Agreement, Paragraph 6 of the Recitals, as amended. Paragraph 6 of the Recitals of the Interlocal Cooperation Agreement, as amended, is hereby deleted in its entirety and replaced with the following: "WHEREAS, District agrees to reimburse City for a portion of the cost of the Willow Springs Work in an amount not to exceed ONE MILLION FIVE HUNDRED AND SIXTY EIGHT THOUSAND EIGHT HUNDRED AND THIRTY FOUR DOLLARS AND NO/100 CENTS ($1,568,834.00) (the "District Share"), with the remaining cost of the Willow Springs Work and all other portions of the Project to be City's responsibility(the "City Share"); and" 3. Ratification. City and District hereby ratify and confirm all of the terms, provisions, covenants and conditions of the Interlocal Cooperation Agreement, as amended, and acknowledge and agree that the Interlocal Cooperation Agreement, as amended, remains in full force and effect except as amended in this Second Amendment. 4. Controlling Agreement. To the extent that any provision contained in this Second Amendment conflicts with the Interlocal Cooperation Agreement, as amended by the First Amendment, the provision contained in this Second Amendment shall supersede such conflicting provision contained in the Interlocal Cooperation Agreement, as amended. 5. Entire Agreement/Second Amendment. This Second Amendment and the Interlocal Cooperation Agreement, as amended, contain the entire agreement of the parties with respect to the matters contained herein. This Second Amendment may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. 6. Authority. Each individual executing this Second Amendment hereby represents and warrants to each person so signing(and to each other entity for which another person may be signing) that he or she has been duly authorized to execute and deliver this Second Amendment in the capacity of the person or entity set forth for which he or she signs. 7. Sufficient Basis for Second Amendment. The consideration stated herein is contractual and not a mere recital. The parties hereto execute and deliver this Second Amendment after being fully informed of its terms, content, and effect. The parties executing this Second Amendment are not relying upon any representation from any attorney, agent or representative of any other party. The parties are fully informed and have consented to this Second Amendment based on their own opinion and the advice of their respective representatives. 8. Bindin Effect.ffect. This Second Amendment shall be binding on and inure to the benefit of the parties hereto and their heirs,personal representatives, successors, and assigns. 9. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity,performance and enforcement of this Second Amendment, without regard to conflict of law principles. This Second Amendment is performable in Tarrant County, Texas, Second Amendment to Interlocal Cooperation Agreement Page 2 of 3 2219286 and the exclusive venue for any action arising out of this Second Amendment shall be a court of appropriate jurisdiction in Tarrant County, Texas. 10. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Second Amendment are true and correct and are hereby incorporated into the body of this Second Amendment and adopted as findings of City and District. 11. Miscellaneous Drafting Provisions. This Second Amendment shall be deemed drafted equally by the parties. The language of all parts of this Second Amendment shall be construed as a whole according to its fair meaning, and any presumption or principle that the language is to be construed against either party shall not apply. Headings in this Second Amendment are for the convenience of the parties and are not intended to be used in construing this document. 12. Multiple Counterparts. This Second Amendment may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the_ � ay of , 2018 (the "Effective Date"). CITY OF FORT WORTH By: S san la 's, As istant City Manager j ,� Date: �� ATTEST-. 4, P R® AS TO FORM.STD 1LEGALl A19 off,4� A14 ary J. , C Secrd F ..... . IDo w'w Dim%ST Amist City At y � �X . NORTHWEST INDEPENDENT SCHOOL DISTRICT By: atcda_ Name: Title: Date: la 10 nao I� EWORT R Second Amendment to Interlocall Cooperation Agreement Page 3 of 3 RY 2219286 JrX Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name of Employee/Signature S2 P&xjj±K $64JA-&j�e Title S.,This form is N/A as No City Funds are associated with this Contract Printed Name Signature E COF;` D -°ARMYp ` INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 10210 To the (Mayor and Members of the City Councal Page 1 of 2 SUBJECT: Amendment No 2. to Interloca0 Agreement with Northwest �z Independent School District Related to Construction of Blue Mound Road West and Willow Springs Road In 2014, the City of Fort Worth entered into an Interlocal Agreement with NISD to assume responsibility for the construction of Blue Mound Road West and Willow Springs Road and the city hired Pacheco Koch to finish the construction plans. In 2017, the project expanded scope and the City of Fort Worth has been working with TxDOT to provide traffic relief at the adjacent US 287 Interchange until federal funds are available for TxDOT to do the long term necessary improvements. The City of Fort Worth accepted the low bidder of$7,215,420.75 by McClendon Construction for the Blue Mound and Willow Springs phases of the project in October 2018. A 1st Amendment to the ILA was done in 2018 to define the NISD contribution to the construction. A summary of the City of Fort Worth funding for the three phases of the project has been provided below. City of Fort Worth Funding Source Blue Mound Blue Mound Phase of Project Blue Mound Blue Mound Blue Mound 287 Willow Springs Willow Springs Blue Mound Willow Springs Willow Springs Interchange 287 Interchange 287 Interchange Funding Source 2014 Bond Impact Fee Street Improv. 2017 Tax Note 2018 Bond Total Design Contract $ 414,500 $ 98,590 $ 918,172 $ 1,431,262 Project Management $ 137,500 $ 320,000 $ 457,500 Right of Way $ 795,000 $ 944,000 $ 1,255,000 $ 2,994,000 Utility Relocation $ 100,000 $ 1,000,000 $ 1,200,000 $ 300,000 $ 2,600,000 Construction, Contingency $ 3,603,000 $ 1,595,000 $ 401,410 $ 8,206,828 $ 13,806,238 Total $ 5,050,000 $ 1,944,000 $ 1,595,000 $ 1,700,000 $ 11,000,000 $ 21,289,000 To improve the safety of their students,NISD began working with TxDOT in Fall 2017 to improve the frontage road adjacent to V.R. Eaton High School, Carl E. Schluter Elementary and Leo Adams Middle School. The existing frontage road is a two way frontage road with the Southbound US 287 on-ramp located North of the schools access to the frontage road. This resulted in many people making a"utum"to access the on-ramp while leaving the schools. NISD proposed to relocate the US 287 on-ramp south of their access to the frontage road at Eagle Boulevard. NISD would fund the design of the construction plans from Teague Nall and Perkins and the materials for construction.Tarrant County would cover the cost of labor to construct the new on-ramp. The relocation of the on-ramp will also include changing the frontage road South of Blue Mound Road and West of US 287 to be one way Southbound. NISD has started the construction of the new on-ramp as of December 3, 2018 and expect to be complete by April 2019. In late October 2018,NISD approached the City of Fort Worth to share the cost in the relocation of the on- ramp and city staff recommended this was a benefit and a cost savings to the City of Fort Worth project at the interchange. The total cost in the design and materials for construction is $862,332 and city staff ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS I r INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 10210 To the Mayor and Members of the City Councoi Page 2 of 2 SUBJECT: Amendment No 2. to Interlocal Agreement with Northwest Independent School District Related to Construction of Blue Mound Road West and Willow Springs Road concluded that a 50/50 share with NISD fit in the budget of the funds approved for The City of Fort Worth project. Below is a summary of the history of the Interlocal Agreement and the funding from NISD. Agency City of Fort Worth Northwest ISD Phase of Project Blue Mound Willow Springs Interchange Blue Mound Willow Springs Interchange Original ILA(2014)(M&C C-27011) Design Contract 1 $ 394,576 $ 150,887 Construction TBD ILA 1st Amendment(2018)(M&C C-28906) Design Contract $ 394,576 $ 150,887 Construction $ 2,000,000 ILA 2nd Amendment(November 2018) Design Contract 1 1 $ 394,576 $ 150,887 Construction 1 $ 431,166 f$ 1,568,834 1 $ 431,166 City staff anticipates a surplus in 2018 Bond Funds toward the Blue Mound Road West, Willow Springs Road and the Blue Mound Road West and US 287 Interchange project. With the additional $431,166 contribution towards the on-ramp relocation, city staff expects to be under budget and still meet the original expectations of the project. David Cooke City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS H W, n E 0 shl .0 In5 w LI CL C x Lli M co (n 0-0 0 0 F= Q) 0 -00 a) a) z ------------------- go "LL 0,111, A 06 10 LTI UVON RVMMdR M077M 0 CN 2-0 J;