HomeMy WebLinkAboutContract 38564 (2) "I FY SECRETARY
-�ONTRACT IV() o
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE CITY OF
BURLESON FOR DESIGN & CONSTRUCTION OF MCALISTER ROAD IMPROVEMENTS
This Agreement is entered into by and between the City of Burleson ("Burleson") and
the City of Fort Worth ("Fort Worth"), both being municipal corporations situated in Tarrant
County, Texas. Burleson and Fort Worth may be referred to herein individually as a "Party",
or collectively as the `Parties."
WHEREAS, this Agreement is made under the authority of Sections 791.001-791.029,
Texas Government Code; and
WHEREAS, each governing body, in performing governmental functions or in paying
for the performance of governmental functions hereunder, shall make that performance or
those payments from current revenues legally available to that Party; and
WHEREAS, the Parties wish to cooperate in the design and construction of
improvements to portions of McAlister Road from its intersection with the southbound
frontage road of interstate 35W then west approximately 1,466 feet to the improved roadway
100 feet west of the Union Pacific Railroad ("the Project"); and
WHEREAS, the improvement of McAlister Road will be a benefit to both Burleson and
Fort Worth;
WHEREAS, Burleson and Fort Worth now desire to enter into this Agreement to
provide for the division of costs related to the design and construction of the improvements
contemplated herein and in accordance with the terms and conditions of this Agreement; and
WHEREAS, the Parties find that the performance of this Agreement is in the common
interest of Burleson and Fort Worth, that the undertaking will benefit the public and that the
division of costs and/or responsibilities fairly compensates the performing Party for the
services or functions under this Agreement; and
NOW, THEREFORE, Burleson and Fort Worth agree as follows:
1. Burleson will participate in the Project in an amount not to exceed $240,000,
unless increased by a written amendment to this Agreement authorized by its
governing body, for the design and construction of the improvements contemplated
by this Agreement and will deposit $240,000 with Fort Worth.
2. Fort Worth will hire a firm to design the Project and will use the money deposited
by Burleson to pay the firm; Any remaining funds will be used by Fort Worth for
construction.
3. Fort Worth will administer the project and contracts relating to right-of-way
acquisition; utility relocation; construction document preparation; project bidding;
contract award; construction and construction inspection.
Fort Worth&Burleson
Interlocal Agreement
October 21,2008
Pagel of 3
05-11-09 A11 :52 IN
4. If Fort Worth does not issue a notice to proceed to its contractor for construction of
the Project on or before June 30, 2010, then Fort Worth shall refund Burleson the
$240,000 it deposited plus interest Fort Worth received thereon, if any.
5. Nothing in the performance of this Agreement shall impose any liability for claims
against Burleson or Fort Worth other than claims for which the Texas Tort Claims
Act may impose liability.
6. The Parties do not intend for any third party to obtain a right by virtue of this
Agreement.
7. By entering into this Agreement, the Parties do not intend to create any obligations
expressed or implied other than those set out herein; further, this Agreement shall
not create any rights in any party not a signatory hereto.
8. Nothing contained in this Agreement is intended by the Parties to create a
partnership or joint venture between the Parties and any implication to the contrary
is hereby expressly disavowed. It is understood and agreed that this Agreement
does not create a joint enterprise, nor does it appoint any Party as an agent of any
other Party, for any purpose whatsoever.
9. This Agreement contains all the terms, commitments and covenants of the Parties
pursuant to this Agreement and the subject matter herein. Any verbal or written
commitment not contained in this Agreement or expressly referred to in this
Agreement and incorporated by reference shall have no force or effect. Prior
agreement for the design and construction of McAlister Road Improvements
approved by Burleson City Council on January 24, 2008, and executed by
Burleson officials, shall be void upon execution of this Agreement.
10.The Parties agree that this Agreement shall be interpreted according to the laws of
the State of Texas and venue shall be proper exclusively in Tarrant County, Texas.
11.It is expressly understood and agreed that, in the execution of this Agreement, no
Party waives, nor shall be deemed hereby to waive, any immunity or defense that
would otherwise be available to it against claims arising in the exercise of
governmental powers and functions.
12.If any of the terms, sections, subsections, sentences, clauses, phrases, provisions,
covenants or conditions of this Agreement are for any reason held to be invalid,
void or unenforceable, the remainder of the terms, sections, subsections,
sentences, clauses, phrases, provisions, covenants, or conditions in this
Agreement shall remain in full force and effect and shall in no way be affected,
impaired or invalidate.
Fort Worth&Burleson
Tnterlocal Agreement
October 27,2008
Page 2 of 3
13.This Agreement becomes effective when signed by the last Party whose signing
makes the Agreement fully executed and remains in force and effect until the
completion and acceptance of the Project unless otherwise terminated.
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IN WITNESS WHEREOF, the p c,i;ies hereof h executed this Agreement in
duplicate originals this } >day of_J 1 , 200,'
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CITY OF BURLESON CITY OF FORT WORTH
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Kenneth Shetter Fernando Costa
Mayor Assistant City Manager
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APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGALITY: AND LEGALITY: j
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Wade i Amy J. Ra se
City Atto ey))
Assistant City Attorney
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ATTEST: ATTEST:
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Am da Met" Marty Hendrix ts
City Secretary City Secretary
Date:_ Date:
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Authorization: Authorization:
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Fort Worth&Burleson
Interlocal Agreement
October 27,2008
Page 3 of 3
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DETAIL SHOWING PROJECT LOCATION
M&C Review Page 1 of 2
Official site of the City of Fort worth;Texas
CITY COUNCIL AGENDA FORT�TFI
COUNCIL ACTION: Approved on 5/5/2009 - Ord. No. 18595-05-2009 & 18596-05-2009
DATE: 5/5/2009 REFERENCE NO.: C-23500 LOG NAME: 20MCALISTER-CORR
CODE: C TYPE: NON- PUBLIC CONSENT HEARING:
NO
SUBJECT: Rescind M&C C-22827; Authorize an Interlocal Agreement with the City of Burleson in the
Amount of$240,000.00 for Street Improvements on McAlister Road; Authorize an
Agreement with Kimley-Hom and Associates in the Amount of$226,000.00 for Design
Work and Adopt Appropriation Ordinances
RECOMMENDATION:
It is recommended that City Council:
1. Rescind M&C C-22827 approved on May 27, 2008, for the purpose of revising the scope of an
Interlocal Agreement with the City of Burleson;
2. Authorize the City Manager to execute an Interlocal Agreement with the City of Burleson in the
amount of$240,000.00 for street improvements on McAlister Road from its intersection with the
southbound frontage road of Interstate Highway 35W then west approximately 1,466 feet to the
improved roadway 100 feet west of the Union Pacific Railroad;
3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in
the Future Improvements Project of the Special Assessments Fund in the amount of$240,000.00
from previous developer contributions;
4. Authorize the transfer of$240,000.00 from the Special Assessments Fund to the New
Development Fund;
5. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in
the New Development Fund in the amount of$240,000.00; and
6. Authorize the execution of an Agreement with Kimley-Horn and Associates in the amount of
$226,000.00 for design work.
DISCUSSION:
Street improvements along McAlister Road from its intersection with the southbound frontage road of
Interstate Highway 35W to just west of the Union Pacific Railroad have been planned in order to
address congestion and safety problems. Funding for this project will come through the Community
Facilities Agreement(CFA) line item in the 2004 Capital Improvement Program in conjunction with CFA
funding collected from adjacent developers. In as much as that portion of the improvements west of the
railroad are within the city limits of Burleson (1,466 feet), the City of Burleson has also agreed to
contribute funding for the design contingent upon a commitment from the City of Fort Worth that they
will be reimbursed for the design fees if the road is not ultimately constructed.
On May 27, 2008, the City Council authorized the execution of an Interlocal Agreement(ILA)(M&C C-
22827)with the City of Burleson to lead the design of McAlister Road in accordance with City of Fort
Worth standards. That ILA was not fully executed because a desire for changes in scope and process
were communicated between the parties. The previously authorized ILA would have provided that the
City of Burleson would provide the completed design to the City of Fort Worth, who would manage
construction. That proposed ILA would have required the City of Fort Worth to reimburse Burleson up
http://www.fortworthgov.org/council_packet/mc review.asp?ID=11280&councildate=5/5/2009 5/6/2009
M&C Review Page 2 of
to $125,000.00 in design fees if the construction project did not begin by December 31, 2008.
The $125,000.00 figure was initially agreed upon by staff from both the City of Fort Worth and the City
of Burleson. The City of Burleson, in working with the design consultant, subsequently determined that
the design effort would be considerably more complex and costly than initially expected. This was due
largely to coordination work with the Texas Department of Transportation (TxDOT)and the Union
Pacific Railroad, as well as some additional design efforts to address the need for a "quiet zone" at the
railroad crossing and significant drainage issues. Based on this additional scope of work, the design
fees were revised to $226,000.00.
Following further discussion between staff from the City of Burleson and the City of Fort Worth, it has
been decided that it would be more efficient for the City of Fort Worth to also manage the design for
this project. Since the City of Burleson had previously discussed this project with Kimley-Horn and
Associates; we continued to pursue the design contract with them to complete the project as quickly as
possible. Burleson will still participate in the project in an amount not to exceed $240,000.00. The ILA
will require the City of Fort Worth to reimburse the City of Burleson in an amount not to exceed
$240,000.00 should construction of the McAlister Road project not begin by June 30, 2010.
Kimley-Horn and Associates is in compliance with the City's M/WBE Ordinance by committing to 17
percent M/WBE participation. The City's goal on this project is 17 percent.
This street segment is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current capital budget, as appropriated, of the New Development Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
5)C202 531200 206760107830 $240,000.00 6)C202 531200 206760107830 $226,000.00
S94 488100 020941369010 240.000.QO S94 538040 020941369010 240 000.00
3) $240,000.00
GS94 538040 020941369010
4)C202,476094 206760107830 $240,000.00
5)C202 476094 206760107830 $240,000.00
Submitted for City Manager's Office by: Fernando Costa(8476)
Originating Department Head: William A. Verkest(7801)
Additional Information Contact: Jim Walker(8009)
ATTACHMENTS
20MCALISTER-CORR Map.pdf
20MCALISTER-CORR REC3.doc
20MCALISTER-CORR REC5.doc
MCALISTERmap.pdf
http://www.fortworthgov.org/council_packet/mc—review.asp?ID=l 1280&councildate=5/5/2009 5/6/2009