Loading...
HomeMy WebLinkAboutContract 56310 CSC No.56310 INTERLOCAL AGREEMENT BETWEEN THE CITY OF LAKE WORTH AND THE CITY OF FORT WORTH For Comanche Trail Improvements at Comanche Creek This Interlocal Agreement ("Agreement") is entered into by and between the City of Lake Worth, a Texas home rule municipality, acting by and through its duly authorized representative, ("Lake Worth"), and the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized representative ("Fort Worth"), herein collectively known as the "Parties". I. RECITALS WHEREAS, Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act, authorizes municipalities to enter into interlocal agreements for the provision of governmental fiinctions and services; and WHEREAS, each governing body, in performing governmental fiinctions or in funding the performance of governmental firnctions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both parties, that the undertaking will benefit the public and that the division of costs fairly compensates the performing party for the services or fiinctions under this Agreement; and WHEREAS, Lake Worth and Fort Worth have entered into a Joint Resolution (Lake Worth Resolution No. 784, Fort Worth Resolution No. 2806) which contemplates shared responsibility for drainage issues within that certain watershed based on the percentage of the watershed within each city, which includes Comanche Trail; and WHEREAS, each party's financial contribution to the Project (as defined below) shall be applied toward the Joint Resolution's spirit of cooperation to address drainage issues in the watershed area; and WHEREAS, Comanche Trail is a street located primarily within the City of Lake Worth except for a small segment in Fort Worth between Marina Drive (Fort Worth) and Pueblo Trail (Lake Worth)which includes a potentially historically significant bridge; and WHEREAS, Lake Worth and Fort Worth desire to improve that section of Comanche Trail located within the City of Fort Worth at its crossing of Comanche Creek (formerly, an unnamed tributary) and to make certain other roadway improvements related to the Comanche Trail improvements; NOW THEREFORE, Lake Worth and Foist Worth agree as follows: OFFICIAL RECORD CITY SECRETARY ILA CFW-CLW For Comanche Trail Roadway/Drainage Improvements Page 1 of 7 FT.WORTH,TX 20SWM COMANCHE TRAIL HROM CITY OF LAKE WORTH PARTNERSHIP-CPN 103396 II. TERMS AND CONDITIONS A. Project. Fort Worth and Lake Worth agree to cooperate in (1) the reconstruction of the Comanche Trail culvert crossing located within the City of Fort Worth at its crossing of Comanche Creek and related roadway improvements (the "Fort Worth Improvements"); and (2) the relocation of Lake Worth's water and sewer lines ("Lake Worth Utilities") as indicated in Exhibits "A" and "B". The Fort Worth Improvements and the Lake Worth Utilities are sometimes hereafter collectively referred to as the "Project". B. Design of the Project. Fort Worth will prepare and pay for 100% of the Project engineering and design costs estimated at an amount up to $521,250.00. The Fort Worth Improvements will be designed in accordance with Fort Worth's design standards and the Lake Worth Utilities will be designed in accordance with Lake Worth's design standards. Lake Worth shall have the opportunity to review the design at all phases of the design process for the Lake Worth Utilities and Fort Worth will address Lake Worth's comments to the extent they do not materially change the intent of the Project. Fort Worth will be responsible for incidental engineering costs which may arise during construction. C. Construction of the Project. Fort Worth will pay 100% of construction costs of the Fort Worth Improvements and Lake Worth Utilities, estimated at an amount up to $3,000,000.00. Where required, the successful bidder shall meet the City of Fort Worth's prequalification standards. Lake Worth herewith grants Fort Worth the temporary right to access for design and to perform construction in that portion of the Comanche Trail right-of-way which lies in the City of Lake Worth so that Fort Worth and its contractors may complete the Project. Additionally Lake Worth grants Fort Worth a permanent drainage easement as shown in Exhibit C for the purpose of maintaining the Fort Worth Improvements. D. Award Construction and Maintenance. Lake Worth shall be responsible for: 1. Review of design documents for Lake Worth Utilities (See Exhibit B); 2. Acceptance, and maintenance of Lake Worth Utilities. Fort Worth will be responsible for: 1. Full design of the project subject to Lake Worth's review rights in Section B; 2. Inspection and materials testing for the Project; 3. Final approval of design documents for Fort Worth Improvements (See Exhibit A); 4. All construction costs of the Project; 5. Coordination with any necessary local, state or federal agencies and with Lake Worth with regard to the historical nature (if any) of the existing bridge ILA CFW-CLW For Comanche Trail Roadway/Drainage Improvements Page 2 of 7 20SWM COMANCHE TRAIL HROM CITY OF LAKE WORTH PARTNERSHIP-CPN 103396 structure, procurement, in coordination with Lake Worth, of applicable local, state, or federal permits, including but not limited to Letter of Map Revision (LOMR) and floodplain permit, 404 USACE permit, and historical resource permit; 6. Coordinating with Lake Worth for design and pre-construction public meetings at a mutually agreed upon location; 7. Maintenance of the Fort Worth Improvements. E. Current Revenue. No debt is created by this Agreement. Lake Worth and Fort Worth each hereby warrant that all payments, contributions, fees and disbursements, if any, required under this Agreement shall be made from current revenues. F. No Waiver of Immunity or Defenses. Nothing in the performance of this Agreement shall impose any liability for claims against either Fort Worth or Lake Worth, other than claims for which the Texas Tort Claims Act may impose liability. Nothing contained herein shall be deemed to waive any immunity or defense or constitute a waiver of sovereign or governmental immunity by Fort Worth or Lake Worth. G. No Third Party Beneficiaries. It is understood by the Parties that this Agreement is entered into for the mutual convenience and purposes of Lake Worth and Fort Worth and it is the Parties' intent that no other person shall be construed as a beneficiary of this Agreement. Further, the Parties do not intend for any third party to obtain any right by virtue of this Agreement. H. No Creation of Rights. By entering into this Agreement, the Parties do not intend to create any obligations express or implied other than those stated in the Agreement. Further, this Agreement shall not create any rights in any party not a signatory to the Agreement. 1. Force Majeure. If, by reasons of Force Majeure, any party will be rendered wholly or partially unable to carry out its obligations under this Agreement after its effective date, then such party will give written notice of the particulars of such Force Majeure to the other party or parties within a reasonable time after the occurrence of such event. The obligations of the party giving such notice, to the extent affected by such Force Majeure, will be suspended during the continuance of the inability claimed and for no longer period, and any such party will in good faith exercise its best efforts to remove and over come such inability. J. Severability. In the event any section, subsection, paragraph, subparagraph, sentence, phrase, or word of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the balance of this Agreement shall be enforceable, and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, subparagraph, sentence, phrase, or word. In such event there shall be substituted for such deleted provision a provision as similar in terms and in effect to such deleted provision as may be valid, legal and enforceable. K. No Waiver. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of that ILA CFW-CI..W For Comanche Trail Roadway/Drainage Improvements Paae 3 of 7 20SWM COMANCHE TRAIL HROM CITY OF LAKE WORTH PARTNERSHIP-CPN 103396 parry's respective right to insist upon appropriate performance or to assert any such right on any fixture occasion. L. Amendment. This Agreement may only be amended, altered, or revolted by written instrument signed by the parties to such amendment. M. Termination. Fort Worth may terminate this agreement in the event finding for the project is not authorized by its respective governing body, there is a finding by a state or federal agency that the bridge, due to its historical nature, is ineligible for reconstruction or if after 95% design as specified in Section B, the cost estimates exceed the reasonably available funding, by providing minimum 30 days' written notice to the other Party. N. Notice. Any notice provided for or permitted under this Agreement shall be made in writing and may be given or served by (i) delivering the same in person to the party to be notified, or (ii) depositing the same in the mail, postage prepaid, certified with return receipt requested, and addressed to the party to be notified, or (iii) sending by electronic means, with a copy thereof sent by registered mail on the same day. If notice is deposited in the mail pursuant to (ii) or (iii) of this Article, it will be effective upon receipt or refusal. For the purpose of notice, the addresses of the parties are, until changed as provided below, as follows: City of Fort Worth Transportation and Public Works Department— Stormwater Division Justin Naylor 200 Texas Street Fort Worth, Texas 76102 With copy to: Douglas W. Black, Sr. Assistant City Attorney 200 Texas Street Fort Worth, Texas 76102 City of Lake Worth Attn: Stacey Almond, City Manager 3805 Adam Grubb Dr. Lake Worth, Texas 76135 YVith copy to: Drew Larkin, City Attorney Taylor, Olson, Adkins, Sralla& Elam, L.L.P. 6000 Western Place, Suite 200 Fort Worth, Texas 76107 The parties may from time to time change their respective addresses, and each shall have the right to specify as its address any other address upon at least ten days written notice to the other party. ILA CFW-CLW For Comanche Trail Roadway/Drainage Improvements Pape 4 of 7 20SWM COMANCHE TRAIL HROM CITY OF LAKE WORTH PARTNERSHIP-CPN 103396 N. Entire Agreement. This Agreement, including any exhibits attached and made a part hereof, is the entire Agreement between the Parties and supersedes all prior or contemporaneous understandings or representations, whether oral or written, respecting the subject matter herein. O. Effective Date and Term. This Agreement shall become effective immediately upon its execution by the later of the Parties whose signature makes the Agreement fully executed, as indicated by the date subscribed by a signatory and shall be for a term of two years or until completion of the Project,whichever occurs first. This Agreement may be renewed upon approval by the parties. P. Non Discrimination. Neither Fort Worth nor Lake Worth, nor any of their officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this contract, shall in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. Fort Worth and Lake Worth agree that in the execution, performance, or attempted performance of this Agreement, they will not discriminate against any person or persons because of gender, religion, color, sexual orientation, or national origin, nor will either party permit its respective agents, employees, subcontractors or program participants to engage in such discrimination. ACCORDINGLY, the City of Fort Worth and the City of Lake Worth, by and through each Parry's designated official representative, hereby execute this Agreement to be effective as described above. CITY OF_ AKE WOR of to , B G�y....... ke y: °fpOr#;;o�'�, Stacey Almond, ity Manager Date: �,o ATTESTr.., a ...•• •' as AMonilko, City Secretary Approved as to Forma gality: Lake Worth Council Action p/N Date Approved Drew arkin,tilty Attorney Agenda No. •� O*d-1-Re"o. ILA CFW-CLW For Comanche Trail Roadway/Drainage Improvements Page 5 of 7 20SWM COMANCHE TRAIL HROM CITY OF LAKE WORTH PARTNERSHIP-CPN 103396 CITY OF FORT WORTH Dana f urahGlDl'�F By: Dana Burghdoff('Sep 15,2021 09:45 CDT) Dana Burghdoff, Assistant City Manager Date: Sep 15,2021 ATTEST: / p*°FORT° ad O A 1j Ronald P. Gonzales, Acting City Secretary `0 o� �n 0=d 0 0 M&C No._21-0579 a 010 0°0 Ay Date_8/17/21 N4 nEn Sp RECOMMENDED FOR APPROVAL: Approved as to Form and Legality: D0� By: wj(Sep 1.3,202 09:47 CDT) Mack(Sep 15,2021 09:22 CDT) William Johnson, P.E., Director Douglas W. Black Transportation and Public Works Sr. Assistant City Attorney Contract Compliance Manager: 7 Sett By: Mike Bennett, P.E. Project Manager OFFICIAL RECORD CITY SECRETARY ILA CFW-CLW For Comanche Trail Roadway/Drainage Improvements Page 6 of 7 FT.WORTH,TX 20SWM COMANCHE TRAIL HROM CITY OF LAKE WORTH PARTNERSHIP-CPN 103396 EXHIBITS 20SWM COMANCHE TRAIL HROM CITY OF LAKE WORTH PARTNERSHIP-CPN 103396 ILA CFW-CLW For Comanche Trail Roadway/Drainage Improvements Page 7 of 7 o z ! " LU K m w I 11 I I U O a ~K I z 1 ( O w .iA U(na 1]] ci �m�w cLc O:,O a G M Q w I �I1 U U) � m ^o a F= HAOM 3AN1 JO kLD Q Q� H1210M1H03 AO1 D m XO o 1��0.1NA00.�+E Y ZRW 2 w m O 2 Wa "O N m a Z I <W Z U z� H1 z ws�o a o w o c)aU� } O O m W I 'ru _`\ ♦ `` ti Z m w o<z w , Ln rl z I K 0 I M / M / Y= O F'OK w m O u z 3 z O w Y 0g Iw 25 mo s` 1 1 Z Z 1 O 1 , 20SWM COMANCHE TRAIL HROM CITY OF LAKE WORTH PARTNERSHIP-CPN 103396 _W U Z M �m � 1 o F Z 0 3 -0 _ U N I H Z W 1 mOu� ONJa=a i VI J I OOOY {.1J M Q W U(n J O n 0 Y F Q m W I Z 11 I I Q N 2 Y H1UOM DV1 AO All X H1U0 UOJ 30 AlIJ All I 1 I o IAaR\Nape\`i } � 1 Y F O'm O ¢Z W it Y a �vv ilk o�g S 1 V O WO Zl7Z O 4 ' ¢a Wu¢ I \ Z �Zwm Q I IePG� �I Z aowo 5 G 1 I .1 \I 4 / 4 1 \ 1 -- �O21 nn W W C A I U m 8 0 ® I £ \ ¢N M U I ` ` OU ¢ ¢V F O � 6 o \ 4� W I o G 3 � M F / I O J � I M M K W m 0 Q O Y 0 / W � Mmo d ° ^ O� Y O 1 , 1 1 20SWM COMANCHE TRAIL HROM CITY OF LAKE WORTH PARTNERSHIP-CPN 103396 O W N U W 0m O Z M E. O Ir Y�aa a I w a c�w¢a1= O w In CL �n � 9ZN dcc N _ _ 0 m<Qw� 0 a - o Ld ag ava� Q O II W J ow�v Z� n z a r —W CC WO -- J---- o W U)U Q Q �Wy 2 U LU W n / WZ � (� �a / z IO ?m / o Q W Ln zcnoN wo>-M Z L1. W I� aWo / o W / OZZW ��L,- N QO I �m ¢ ZOOZ zJ L� � m3 ova / �Yp Dm,5 omwo0 Q ~ ;� / ¢M Z m'W HQ O �('�_ nN / UQw M / O w O WN O E"' `"/ mN OZ<F- zZZO ��JQN �Cd �� CD / moan az3 a U Q 0Qh mMF- o = U- o >- U Im� Wowo zz 3rnw 0, c°�a U.DU)X 0a < N yW W -w doom W w^ I- zr z�za¢ 7 III II �w ooZ �c0 Mn R P ix 0iW om Za F- 7< w0L 0 0 W Z Lij 0m � S N rI N00 O Nxwxw d n z o o �O Q3 �N J Z cV � .do 8o! �g o 01- I N Cn N O W zz �m :' I I 1689� U Z F ro 3 a tnLn W U �� N� M cI 5�9319'4��El W L- X W Q, w 0 J N ii� .I,P�-P'S 5� O c0 Z F- D f Z L�vZ MFw WWI CO �~ v ¢p 9 "'oW WWo �- O xxo \ YOQ F-N 0 U >wz CD \ U<a-F- (0W,L,�j OO QU/ m I � 0Q znqW �U wa Ja�NF- z z c� o z ( zF z O�w � 0 oJ F-fQkf Wn � °4 \ o r� F-w W N} Z IIQQ Fw 0aJ� \\ d Z wZ m \ qz Ir OOZ Np wo:Z0 VO M �nn � z Q ¢M Lu � Q� o C) waN oom3z OZF- W�J ¢ o �OOOo\w Om a m ti< ZzzSZ � ¢ w ma' L 0 WOZ ¢Q ':. f-H ZLL W Q.FwJoo2 o OX000 U 0mmmo'0L,CLL�Wz ui z Z LW w4S -�CQOLL -0 M z z O rr 'taOo Z 0NU)�Q �v l F�t�tim� F Q(QQ `' W I �� o W W fl�af000v dft�V' O� W W m ¢ JoaaLiLr O�� -Z OO'C'^3^ a I -i Zo Z VJ U U D_ ¢, v ■ M N I w � O LL ~ _ �0) mn w s L p� z Is ( � o i w1. z00 < o ih m 04 i i c) n o y s Q < o N g w l (.D O M M O U') O [LJ 3 o N o a: W Z O <t N d' O J N r N 0J N N r N ¢ w Q I Q W WW � ¢ MNNN in w H o In N I-) ;aN 9§E�� z Lo m OMMMMOMN ZO183(d z 0. z (O Z NNZ ° ' �$O 3 w- J .l d r. J J J J J tJ0 J OJO O 11V2ll VHIVMVIH pp¢ o c B W '1'0'1'a'd 'LLl 30Vd 'V-40Z dVW 0 (1.VM A1H0121 ,05) 3 Tidal oie3nd 0 20SWM COMANCHE TRAIL HROM CITY OF LAKE WORTH PARTNERSHIP-CPN 103396 rul PAPE-DAWSON ENGINEERS EXHIBIT "C" 20' DRAINAGE EASEMENT 0.0069 ACRES (299 Square Feet) BEING a tract of land, situated in Jose Maria Basques Survey, Abstract No. 85, City of Lake Worth, Tarrant County, Texas, and being a portion of Lot 3-R, Block 33 of the replat showing Evia & Willys Ray] Park of Lot 30-R, Block 15, Lot 19-13, Block 33 and Lot 3-R, Block 33, Indian Oaks Addition, an addition to the City of Lake Worth, Tarrant County, Texas, recorded in Cabinet B, Page 3605, of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), and being more particularly described by metes and bounds as follows; COMMENCING at a found '/2" iron rod with red cap stamped "RPLS 1983" (controlling monument) at the northwest corner of said Lot 3-R, same point being the intersection of the south right of way line of Comanche Trail (variable width right of way, record information not found) and the east right of way line of Pueblo Trail (50' right of way) as shown on the final plat of Indian Oaks Addition, an addition to the City of Lake Worth, as recorded in Map 204-A, Page 177 (P.R.T.C.T.); THENCE, departing the east right of way line of said Pueblo Trail and along the south right of way line of Comanche Trail N 89"38'25" E, a distance of 214.30 feet to the POINT OF BEGINNING; THENCE, N 89"38'25" E a distance of 22.05 feet to the common lot corner of said Lots 3- R and 19-B from which a found 5/8" iron rod with yellow cap (illegible) bears N 24°13,44" E, a distance of 0.33 feet; THENCE, departing the south right-of-way line of Comanche Trail, along the east line of said Lot 3-R, S 35004'52" W, a distance of 24.55 feet from which a found 1/2" iron rod, at the southeast corner of said Lot 3-R bears S 35°04'52" W, a distance of 213.15 feet; THENCE, over and across said Lot 3-R the following bearings and distances; S 89138'25" W distance of 7.82 feet; N 00°21'35" W distance of 20.00 feet, to the POINT OF BEGINNING, and CONTAINING 0.0069 of an Acre or 299 Square Feet of land more or less, and being described in accordance with a survey made on ground and accompanied by an exhibit or survey map prepared underjob number 70140-00 by Pape Dawson Engineers, Inc. Transportation I Water Resources I Land Development I Surveying I Environmental telephone: 214-420-8494 address: 5810 TENNYSON PARKWAY, SUITE 425 PLANO, TX 75024 website: PAPE-DAWSON.COM Dallas I San Antonio I Austin I Houston I Fort Worth Texas Engineering Firm#470 Texas Surveying Firm#10194390 Page 2 of 4 20SWM COMANCHE TRAIL HROM CITY OF LAKE WORTH PARTNERSHIP-CPN 103396 EXHIBIT "C" 20' DRAINAGE EASEMENT 0.00357 ACRES (1,556 Square Feet) BEING a tract of land, situated in Jose Maria Basques Survey, Abstract No. 85, City of Lake Worth, Tarrant County, Texas, and being a portion of Lot 19-B, Block 33 of the replat showing Evia & Willys Rayl Park of Lot 30-R, Block 15, Lot 19-B, Block 33 and Lot 3-R, Block 33, Indian Oaks Addition, an addition to the City of Lake Worth, Tarrant County, Texas, recorded in Cabinet B, Page 3605, of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), and being more particularly described by metes and bounds as follows; COMMENCING at a found '/2" iron rod with red cap stamped "RPLS 1983'' (controlling monument) at the northeast corner of said Lot 19-B, some point being on the south Right of way of line Comanche Trail (variable width right of way, record information not found); THENCE, S89038'25" W along the south right of way line of said Comanche Trail, a distance of 116.68 feet to the POINT OF BEGINNING; THENCE, departing the south right-of-way of Comanche Trail, over and across said Lot 19-B the following bearings and distances: S 00°21'35" E a distance of 20.00 feet; S 89°38'25" W a distance of 74.33 feet to a point on the west line of said Lot 19- B; from which a found '/2'' iron rod with red cap stamped "FELS'' at the southwest corner of Lot 19-B bears S 19037' 13" W, a distance of 166.91 feet; THENCE, N 19`3713" W along the west line of Lot 19-B, a distance of 21 .19 feet to the common lot corner of said Lots 19-B and 3-R, same point being on the south right of way line of said Comanche Trail from which a found 5/8" iron rod with yellow cap (illegible) bears N 24'13'44" E, a distance of 0.33 feet; THENCE, N 89038'25" E along the south right of way line of Comanche Trail, a distance of 81 .32 feet, to the POINT OF BEGINNING, and CONTAINING 0.0357 of an Acre or 1556 Square Feet of land more or less, and being described in accordance with a survey made on ground and accompanied by an exhibit or survey map prepared underjob number 70140-00 by Pape Dawson Engineers, Inc. Bearings are based on the Texas Coordinate System established for the North Central Zone (4202) from the North American Datum of 1983 NAD 83 (NA201 1 ) epoch 2010.00. PAPE-DAWSON r ENGINEERS Page 3 of 4 20SWM COMANCHE TRAIL HROM CITY OF LAKE WORTH PARTNERSHIP-CPN 103396 EXHIBIT "C" For Pape Dawson Engineers, Inc. E O F T� P�G� 9F+y • �: .N . ............................. MARCOS A. MADRID ................................ Marcos A. adrid ' A 6740 Registered Professional Land Surveyor 9�; •FFss�a.•yo Texas Registration No. 6740 SUR\� Firm Registration No. 10194390 Pape Dawson Engineers, Inc. 5810 Tennyson Parkway, Suite 425 Plano, Texas 75024 Tele. 214-420-8494 Email: mmadrid@r)ape-dawson.com Survey Date: May 27, 2021 Certification Date: June 3, 2021 PAPE-DAWSON A ENGINEERS Page 4 of 4 20SWM COMANCHE TRAIL HROM CITY OF LAKE WORTH PARTNERSHIP-CPN 103396 AUDz+:zis,ILNST�,l N:\SlryRanlrc,�G¢ID33-]<W frnurcbe TraT atTnb to i0.te WathULTF0.W1TNE5AW1L156\CY.Cp-PYJPSrtf 25+1LR+tFOltln{ uttSnetl:11!}W3aX13:31 pIN Saaea e]:cj —SS 55 Si —�5s �I - v R. ,�.� ss PUE8L0T s I � 1 / x I I 9 io 3 = - �o� Fn I ,III V 5 � I�.•GaE��I � (ka �� T z� god Z 5 � 3 — D '6$P�� NF v 1 i °z9 cm Er ^o a M o • '`.,no � < - -ems, o�3 °`� a �lzf 1 U O x a H P tY0"'rnmlfa CITY OF FORT WORTH � rt Wf 3aa HAZARDOUS ROAD OVERTOPPING FRoo s E NOi FOR CONSTRURI°N N „ MITIGATION PROGRAM M NICBOLS CIVIL sass lnemawwn,u,wuxao SITE ID 25 r-Wonti T,u,]s1W+ass d'. YfGiYSCALE �,«��,I pfcr BI])]35]YO 0 1 11 rol de lretl on sYebwnn lrtt,esrm tM,�a.aat,�4, 7400 COMANCHE DRIVE AT TRIB TO LAKE WORTH City of Fort Worth, Texas Mayor and Council Communication DATE: 08/17/21 M&C FILE NUMBER: M&C 21-0579 LOG NAME: 20SWM COMANCHE TRAIL HROM CITY OF LAKE WORTH PARTNERSHIP SUBJECT (CD 7)Authorize Execution of an Interlocal Agreement In the Amount of$3,521,250.00 with City Participation of$3,521,250.00 with City of Lake Worth to Mitigate the Hazardous Roadway Overtopping Location on Comanche Trail Between Marina Drive and Malaga Drive RECOMMENDATION: It is recommended that the City Council authorize execution of an interlocal agreement in the amount of$3,521,250.00 with City participation of $3,521,250.00 with the City of Lake Worth to mitigate the hazardous roadway overtopping location on Comanche Trail between Marina Drive and Malaga Drive(City Project No. 103396). DISCUSSION: The purpose of this Mayor and Council Communication(M&C)is to authorize execution of an interlocal agreement(ILA)with the City of Lake Worth(COLW)to partner together to mitigate the hazardous roadway overtopping (HRO)location on Comanche Trail between Marina Drive and Malaga Drive. The HRO location is in City of Fort Worth(City),therefore the City will fund the design and construction of the proposed project which includes relocating City of Lake Worth utilities. By the terms of the ILA,the City of Lake Worth grants access to their property as needed to construct the proposed improvements as well as the dedication of a permanent drainage easement. City of Fort Worth funding for this project will come from the 2020 Stormwater Revenue Bonds. Future M&C's will appropriate required funding for design and project management,construction of the improvements,amending the Capital Improvement Program and awarding contracts for this project fulfilling the City's commitment in the ILA. As part of the FY2022-2026 Capital Improvement Program,and with the approval of Council, funding is being appropriated into the Storm Water Hazardous Road Overtopping project. A Form 1295 is not required because:This contract will be with a governmental entity,state agency or public institution of higher education:City of Lake Worth FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds will be available with future appropriations from the Stormwater Capital Projects Fund.Prior to expenditure being incurred,the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office bL Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Linda Young 2485 20SWM COMANCHE TRAIL HROM CITY OF LAKE WORTH PARTNERSHIP-CPN 103396