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.
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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
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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
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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