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HomeMy WebLinkAboutContract 58096 CSC No. 58096 INTERLOCAL COOPERATION AGREEMENT FOR DESIGN AND CONSTRUCTION SERVICES OF INTERSECTION IMPROVEMENTS FOR N. CROWLEY ROAD AND N. CROWLEY CLEBURNE ROAD STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, CROWLEY INDEPENDENT SCHOOL DISTRICT ("District"), a Texas political subdivision, and the City of Fort Worth, a Texas municipal corporation ("City"), each desire that certain improvements are made to the intersection of N. Crowley Road and N. Crowley Cleburne Road (the "Intersection") in the City of Fort Worth, Tarrant County, Texas, (the "Project"); and WHEREAS, City is designing and planning to construct certain improvements to the north, west and south points of the Intersection as part of its 2018 Bond Program; and WHEREAS, District is designing and constructing an athletic facility northeast of the Intersection, including an access driveway and desires to make a connection on the east side of the Intersection; and WHEREAS, City and District (collectively the "Parties") desire to enter into this Interlocal Cooperation Agreement ("Agreement") in order to perform their respective governmental functions, serve the public and accomplish the goals of the Parties; and WHEREAS, both City and District have authority to enter into this Agreement pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, City has retained the services of AECOM ("Engineer") to provide for the final design of the Project and District has retained the services of Teague, Nall & Perkins, Inc. to provide consulting engineering for the Project; WHEREAS, the portion of the design and construction cost that corresponds to completing the new roadway connection on the east side of the intersection is appropriately borne by District; and WHEREAS, District has reviewed the scope, estimated costs and schedule for the design and construction of the Project and find them to be fair and reasonable; and WHEREAS, this Agreement may be amended from time to time to accommodate expanded scope and cost participation; and OFFICIAL RECORD CirY SECRETARY FT.WVOMM,TX N.Crowley Rd.and N.Crowley Cleburne Rd.Intersection Im prove ments-101578 Page 1 of 6 WHEREAS, design and construction of the Project shall be performed by City and District shall reimburse City for District's portion thereof, as set forth herein, subject to availability of funding; and WHEREAS, District has committed current funding to the Project based on the estimated cost of District's portion of the project; and NOW THEREFORE, for and in consideration of the recitals stated above and the covenants and conditions contained herein, City and District do hereby agree as follows: GENERAL REQUIREMENTS A. The Project will generally consist of intersection improvements within easements and rights-of-way within City and District-owned property as further described on Attachment A attached hereto. B. District is responsible for costs associated with obtaining easements or providing right-of-way for its portion to accommodate the Project. City is responsible for costs associated with obtaining easements or providing right-of-way for its portion to accommodate the Project. Engineer will perform the survey and prepare the easement and right-of-way documents for City's use. City will obtain the easements and right-of-way. C. The estimated total project cost is $3,144,000. City and District have agreed to a proportionate share of the joint costs at 86.9% City and 13.1% District. District agrees to reimburse City for the cost of District's share of those joint project costs as listed in Attachment B, in the estimated amount of$412,000. City may provide monthly invoices to District or, if not, keep District apprised of expenditures on a monthly basis and issue a payment request at final completion of the project. D. When the Project is completed and accepted by City, District shall pay to City the final District portion of the total combined costs of the Project. Payment shall be made within 30 days after final costs are presented, unless a reasonable dispute exists. E. To the extent permitted by law, City will: a. Require Engineer to indemnify District in accordance with Texas Local Government Code Section 271.904. Engineer shall indemnify or hold harmless District against liability for any damage committed by Engineer or Engineer's agent, consultant under contract, or another entity over which Engineer exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. District is entitled to recover its reasonable attorney's fees in proportion to Engineer's liability; and N.Crowley Rd.and N.Crowley Cleburne Rd.Intersection Improvements-10 1578 Page 2 of 6 b. Require its Construction Contractor to indemnify and hold District, its officers, agents and employees harmless against any and all suits, actions or claims of any character, including, but not limited to, those for property damage or loss and/or personal injury, including death, that may relate to, arise out of or be occasioned by Construction Contractor's acts or omissions or that of any of its affiliates, officers, agents, associates, employees, contractors or subcontractors, related to the Project, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of District, its officers, agents, employees, or separate contractors, and in the event of joint and concurrent negligence of both City and District, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas. F. District shall have design review and the right for input at a minimum of 60% and 90% design milestones. District will provide comments on draft plans to City within 5 business days from receipt of the project plans. G. City will procure a construction contractor for the Project ("Construction Contractor"). City will inform District of the bidders within a reasonable time after bids are opened. District may consult with City and may object, with reasonable grounds, to the award of contract to a specific contractor; however, City retains the right to overrule said objection. H. After final acceptance of the project by City, subject to any warranties or bonds provided to City by Construction Contractor guaranteeing against defects in materials and workmanship, City will be responsible for the general maintenance of the Intersection improvements within City easements and rights-of-way. District shall be responsible for maintaining that portion of the Project within the District's acquired easement and right-of-way. This section as to maintenance shall survive termination or expiration of this Agreement. H. The Parties acknowledge and agree that the performance by City and District of their respective obligations under this Agreement constitute governmental functions. L All payments, if any, required to be made by District or City hereunder shall be payable from such Party's current revenues or other funds lawfully available for such purpose. J. The Parties agree that City and District have not waived their respective sovereign or governmental immunity by entering into and performing their respective obligations under this Agreement. ACCORDINGLY, City and District have each caused this instrument to be executed in their respective names by their duly authorized representatives. [the remainder of this page is intentionally left blank; signature page to follow] N.Crowley Rd.and N.Crowley Cleburne Rd.Intersection Improvements-101578 Page 3 of EXECUTED and EFFECTIVE as of the date last written by a signatory, below. CITY OF FORT WORTH CROWLEY I.S.D. n 8 7n Z� By:Dana Eurshdoff( 19,20 1a:11 CDT) fay Dana Burghdoff Dr. M i hael D. McFarland Assistant City Manager Superi1LtC;J1 enc Jul U I 1 9, 2022 Dace: 8/8/2022 APPROVAL RECOMMENDED APPROVAL RECOMMENDED By:William Johnson(J./14,202 William Johnson Leoffllher Director, Transp. and Public Works Dept, Executive Director of finance Date: J U I 14, 2022 Date: I L"A- APPROVED AS TO FORM AND LEGALITY I B y:DBlack(J uI 19.2022 16-04 CM1 B y_ Douglas W. Black 5haresa Y. lexaad Sr. Assistant City Attorney Attorney Jul U I 1 9) 2022 DaLe: 2 M&C: 22-0445 Date: 6-14-2022 ATTEST: ��F°F�RT 00 d o° °0��� By:J ette S.Goodall(Ju120,202214: DT) {� o o Jannette Goodall �v o o=d City Secretary d�*o 000 °o 4cy 0000 ICY (CITY'S SEAL) �rixP"S �d OFF IC IAA RECORD cnry SECRETARY FT.V10 RTH-TIC N.Crowley Rd.and N. Crowley Cleburne Rd.Intersection Improvements-101578 Page 4 of 6 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. Chad Allen,P.E. Senior Professional Engineer orrlclA� RECORD CITY SECRETARY FT.WORTH,TX N.Crowley Rd.and N.Crowley Cleburne Rd.Intersection Improvements-10 1578 Page 5 of 6 List of Attachments to the Agreement Attachment A—Project Layout Exhibit Attachment B—Project Cost Summary [the remainder of this page is intentionally left blank;Attachments to follow] N.Crowley Rd.and N.Crowley Cleburne Rd.Intersection Improvements-101578 Page 6 of 6 —x x 8LSt0I'^N»•(^d�uJ avod xgimo o v avOw Ht�`1nmri0-19'mado mum a' # o J €€ o Q W LLog oo w n z � waa�. r f J a=Up � � ���a "a o o a z U w 2F. Lij 3 g O o H an oU Q w ( } € �os�� i V O a U U z u a O e ` 3 o rr LD z x i { l 0 �.. O E3 — --- ---- 77 777 a j .zt e c : a w w z ca of 3 m 3 0 LIj p a U } aY "9 0 j 0 N Hew O x Ld Li1Z Z m U F w A w e 3 3 O al a o- � tr a 3 w z O O O o p 1 0 0 m 0 0 0 0 O p 00 �O M O N � O C F- O Ol pp O' c-I r� M d' l� rH H Ln V, tom/} �' i/? in irn L m O O O 0 E F- O O O O O O N 0 0 0 0 0 0 00 N I� 01 N 00 r, c N U 0 M d N' O a` o O s. a)4.1 o 0 0 0 0 0 o c to E W 0 0 0 0 0 0 O > J � M N M O O E O N 00 LNn N rdi 0Nv� . , . �E N U O Z; U U � U L - a a, m +, U = A U v � 3 � o Q U Z C m 'O I= a m v 3 E a O a, O i u tw z a _� L C O C E " O to '6 v c '.,� c a O t a ca ' o , o V) c oc O 4' 0 N u — u 4� U ' L L O N O cr — C4-1 m G O 0 d a 0 u U U I.- M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTIVORT11 Create New From This M&C REFERENCE **M&C 22- 20CROWLEY AT CROWLEY DATE: 6/14/2022 NO.: 0445 LOG NAME: CLEBURNE INTERSECTION ILA WITH CROWLEY CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 6)Authorize Execution of an Interlocal Cooperation Agreement with Crowley Independent School District, in the Amount of$3,144,000.00 with City Participation in the Estimated Amount of$2,732,000.00 for the North Crowley Road and North Crowley Cleburne Road Intersection Improvements Project,Adopt Attached Appropriation Ordinances, and Amend the Fiscal Years 2022-2026 Capital Improvement Program (2018 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an interlocal cooperation agreement with Crowley Independent School District, in the amount of$3,144,000.00 with City participation in the estimated amount of$2,732,000.00, for the North Crowley Road and North Crowley Cleburne Road Intersection Improvements project at Crowley Road & Cleburne Road (City Project No. 101578); 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Intergovernmental Contribution Fund, in the amount of$412,000.00, from future reimbursements, for the purpose of funding the North Crowley Road and North Crowley Cleburne Road Intersection Improvements project (City Project No. 101578), 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the 2007 Critical Capital Projects Fund in the amount of$500,000.00 from available funds, for the purpose of funding the North Crowley Road and North Crowley Cleburne Road Intersection Improvements project (City Project No. 101578 ); and 4. Amend the Fiscal Years 2022-2026 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of an interlocal cooperation agreement with Crowley Independent School District(District)to partner together to make improvements to the intersection of North Crowley Road and North Crowley Cleburne Road (Intersection)and to appropriate the District's contribution in the amount of$412,000.00 for the North Crowley Road and North Crowley Cleburne Road Intersection Improvements project(Project). The City of Fort Worth(City) is designing and planning to construct certain improvements to the north,west and south points of the Intersection as part of the 2018 Bond Program. The District is designing and constructing an athletic facility northeast of the Intersection, including an access roadway and desires to make a connection on the east side of the Intersection. The City has retained the services of an engineering consultant to provide for final design of the Project. The District will fund the portion of the design, right-of-way and construction costs that correspond to completing the new roadway connection on the east side of the Intersection, and the City will fund the remainder of the Project. The total Project cost estimate is$3,144,000.00 with District participation in the estimated amount of$412,000.00 and City participation in the estimated amount of$2,732,000.00.The Project costs include design, right of way and easement acquisition, utility relocation, construction, materials testing, construction administration and closeout. The District will reimburse the City for the District's portion of the Project costs per the terms of the interlocal cooperation agreement. City may provide monthly invoices to District or, if not, keep District apprised of http://apps.cfwnet.org/council_packet/mc review.asp?ID=29998&councildate=6/14/2022 6/21/2022 M&C Review Page 2 of 3 expenditures on a monthly basis and issue a payment request at final completion of the project.When the Project is completed and accepted by City, District shall pay to City the final District portion of the total combined costs of the Project. The City's portion of the Project costs will be funded from money already allocated as part of the 2018 Bond Program plus an additional $500,000.00 from the 2007 Critical Capital Projects fund as shown in the table below. The$500,000.00 includes the$432,000.00 required to meet project costs described in the Interlocal Agreement plus an additional$68,000.00 to help cover construction invoices prior to any reimbursements by the District. City of Fort Worth Crowley ISD Fund Existing Additional Funding Additional Total Funding Per This M&C Funding Per This M&C & ILA 34018 - 2018 Bond $2,300,000.00 $0.00 $0.00 $2,300,000.00 Program 39001-2007 Critical $0.00 $432,000.00 $0.00 $432,000.00 Capital Projects 30106 - Intergovernmental $0.00 $0.00 $412,000.00 $412,000.00 Contribution ILA Project Subtotal $2,300,000.00 $432,000.00 $412,000.00 $3,144,000.00 39001-2007 Critical Capital Projects $0.00 $68,000.00 $0.00 $68,000.00 Overall Project Total $2,300,000.001 $500,000.001 $412,000.00 $3,212,000.00 Funds for this project are included in the 2018 Bond Program.Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with the project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance Nos. 23209-05- 2018)and subsequent actions taken by the Mayor and Council. Funding for this project was not included in the FY2022-2026 Capital Improvement Program (CIP)due to just recently pursuing entering into an interlocal cooperation agreement with Crowley ISD to share project costs. The action in this M&C will amend the FY2022-2026 Capital Improvement Program as approved in connection with Ordinance 25073-09-2021. This project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified-All Funds project within the 2007 Critical Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances,funds will be available in the 2007 Critical Projects Fund,2018 Bond Fund and the Intergovernmental Contribution Fund for the Crowley Road and Cleburne Road project to support the approval of the above recommendations and award of the agreement. The Transportation and Public Works Department(and Financial Management Services) is responsible for the collection and deposit of funds due to the City and prior to an expenditure being incurred,the Transportation and Public Works Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) http://apps.cfwnet.org/council_packet/mc review.asp?ID=29998&councildate=6/14/2022 6/21/2022