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
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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
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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