HomeMy WebLinkAboutContract 58658 CRYSECREAW
INTERLOCAL AGREEMENT BETWEEN THE CITY,OF FORT WORTH AND THE
CITY OF SAGINAW
INTERSECTION IMPROVEMENTS TO FARM TO MARKET 156 AT INDUSTRIAL
BOULEVARD/CANTRELL SANSOM ROAD
This Interlocal Agreement ("Agreement") is made between the City of Fort Worth
("Fort Worth"), a home-rule municipal corporation of the State of Texas, and the City of
Saginaw ("Saginaw"), a home-rule municipal corporation of the State of Texas. The cities of
Fort Worth and Saginaw are collectively referred to as the "Parties" and individually as a
"Party"; and
WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas
Government Code provides legal authority for the Parties to enter into this Agreement; and
WHEREAS, each governing body, in performing governmental functions or in funding the
performance of governmental functions hereunder, shall make that performance or those payments
from current revenues legally available to that party; and
WHEREAS,this Agreement is to provide a government function or service that each
Party is authorized to perform individually; 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 parry for the services or functions under this Agreement;
and
WHEREAS, there are planned intersection improvements on Farm to Market 156 ("FM
156") at Industrial Boulevard and Cantrell Sansom Road (the "Project") to improve safety,
efficiency and level of service; and
WHEREAS,the Project is located in Tarrant County and within the cities of Saginaw, Fort
Worth, and Blue Mound; and
WHEREAS, the City of Saginaw is responsible for the Project design and
environmental clearances; and
WHEREAS, the cities of Saginaw, Fort Worth, and Blue Mound are responsible for
Project right of way and utility adjustment requirements within their city limits; and
WHEREAS,the Project has been selected for federal funding for the construction phase by
the Regional Transportation Council of the North Central Texas Council of Governments
("NCTCOG") under the COVID-19 Infrastructure Program; and
WHEREAS, the Texas Department of Transportation ("TxDOT") will manage the
Project and will execute an Advance Funding Agreement ("AFA") in the approximate amount
Interlocal Agreement-City of Fort Worth and City of Saginaw Re: FM 156 Intersection Af qT�AR
Industrial Blvd/Cantrell Sansom Rd.(CPN 103464);revised by Saginaw 09212022 �' SR
FT `Ii ORT
of $4,000,000.00 with Saginaw, which includes approximately $2,700,000.00 in federal
funding for the construction phase; and
WHEREAS, the federal funding requires a local match in the approximate amount of
$390,000.00,which Fort Worth's Project participation is in the approximate amount of$110,000.00
for the subsurface utility engineering ("SUE") and construction phase local match; and
WHEREAS, Saginaw will execute individual interlocal agreements to accept local
funding proportional to the construction improvements, and to provide for ROW and utility
adjustment participation as it is relates to that municipality;
NOW THEREFORE, IN CONSIDERATION of the above recitals and the mutual
promises and agreements contained herein, the Parties do hereby agree as follows:
ARTICLE 1
PROJECT
Project. Fort Worth and Saginaw agree to cooperate for the implementation of the
intersection improvements of FM 156 at Industrial Blvd. / Cantrell Sansom Road.
ARTICLE 2
DUTIES
Saginaw. Saginaw agrees to: 1) execute an AFA with TxDOT for the local match
contribution and for TxDOT to manage implementation of the Project, 2)provide for the design and
environmental clearance of the Project,that will be included as part of the AFA,and 3)either provide
for or participate in the funding for the necessary ROW and utility adjustments to accommodate the
Project that are Saginaw's responsibility.
Fort Worth. Fort Worth agrees to: 1) provide funding in the approximate amount of
$110,000.00 for the SUE and construction phase local match of the Project that are within the Fort
Worth city limits and 2) either provide for or participate in the funding for the necessary ROW
and utility adjustments to accommodate the Project that are Fort Worth's responsibility
(including Fort Worth utilities that are located in Saginaw)
ARTICLE 3
GENERAL TERMS
A. Current Revenue. No debt is created by this Agreement. Saginaw and Fort Worth
each hereby warrant that all payments, contributions, fees and disbursements, if any,required under
this Agreement shall be made from then-current revenues.
B. No Waiver of Immunity or Defenses. Nothing in the performance of this Agreement
shall impose any liability for claims against either Fort Worth or Saginaw, other than claims for
Interlocal Agreement-City of Fort Worth and City of Saginaw Re: FM 156 Intersection Improvements at
Industrial Blvd/Cantrell Sansom Rd.(CPN 103464);revised by Saginaw 09212022
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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 governmental immunity by Fort Worth
or Saginaw.
C. No Third Party Beneficiaries. It is understood by the Parties that this Agreement is
entered into for the mutual convenience and purposes of Saginaw 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.
D. 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.
E. 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 overcome such inability.
F. 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.
G. Amendment. This Agreement may only be amended, altered, or revoked by written
instrument duly authorized and signed by the parties to such amendment.
H. Notice. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when(1)hand-delivered to the other Party, its
agents, employees, servants or representatives, (2) delivered by electronic means with
confirmation of the transmission, or (3) received by the other Party by United States Mail,
registered,return,receipt requested,addressed as follows:
City of Fort Worth City of Saginaw
Attn: William Johnson, Attn: Gabe Reaume
Assistant City Manager City Manager
200 Texas Street 333 West Mcleroy Blvd
Fort Worth, TX 76102-6311 Saginaw, TX 76179
Facsimile: (817) 392-8654 Facsimile: 817-232-4644
Interlocal Agreement-City of Fort Worth and City of Saginaw Re: FM 156 Intersection Improvements at
Industrial Blvd/Cantrell Sansom Rd.(CPN 103464);revised by Saginaw 09212022
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Email: William.JohnsonAfortworthtexas.gov Email: greaumeAsa6nawtx.or�
With Copy to the City Attorney at same mailing address.
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.
I. 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.
J. Effective Date and Term. This Agreement shall become effective immediately upon
its execution by both parties and shall be for a term of one year or until completion of the Project,
whichever occurs last.
K. Non Discrimination. Neither Fort Worth nor Saginaw, 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 Saginaw 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,Fort Worth and Saginaw have each caused this instrument to be executed
in duplicate on each city's respective behalf by its duly authorized representative.
SIGNATURE PAGES TO FOLLOW
EXECUTED and EFFECTIVE as of the date last written by a signatory,below.
CITY OF FORT WORTH,TEXAS: CITY OF SAGINAW, TEXAS
r
By: By:
William Johnson Todd Flippo
Assistant City Man ger Mayor
Date: Date:
Interlocal Agreement-City of Fort Worth and City of Saginaw Re: FM 156 Intersection Improvements at
Industrial Blvd/Cantrell Sansom Rd.(CPN 103464);revised by Saginaw 09212022
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APPROVAL RECOMMENDED: APPROVAL RECOMMENDED:
By: By: &ML
Lauren Prieur, Interim Director Randy )Som
Transportation and Public Works Director of Public Works
APPROVED AS TQ FORM AND LEGALITY:
By:
Douglas W. Black
Senior Assistant City Attorney
FORM 1295: N/A
CONTRACT AUTHORIZATION
M&C: 2 v6,
Date Approved:
ATTEST: Q� F
16
By: /
Jannette S. Goodall ��
City Secretary
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.
By: /
z
Transportation Manager 's
,` TA,RV
f
Interlocal Agreement-City of Fort Worth and City of Saginaw Re: FM 156 Intersection Improvements at
Industrial Blvd/Cantrell Sansom Rd.(CPN 103464);revised by Saginaw 09212022
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12/13/22,5:31 PM M&C Review
C`ffioal sire of the C tv of ro.,t I'Vorrh,exa�
CITY COUNCIL AGENDA FORTIj
Create New From This M&C
DATE: 9/14/2021 REFERENCE""M&C 21- LOG 20INTERSECTION IMPROVEMENTS AT
NO.: 0669 NAME: CANTRELL SANSOM ROAD AND FM 156
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (CD 2)Authorize Execution of Interlocal Agreement in the Amount of
$110,000.00, with City of Fort Worth Participation in the Amount of$110,000.00, with
the City of Saginaw for Intersection Improvement at Cantrell Sansom Road and Farm to
Market 156; Adopt Attached Appropriation Ordinance; and Amend the Fiscal Years 2021-
2025 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of interlocal agreement in the amount of $110,000.00, with City of Fort
Worth participation in the amount of $110,000.00, for intersection improvements at Cantrell
Sansom Road and Farm to Market 156;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the 2007 Critical Capital Project Fund in the amount of $250,000.00, from available funds,
for intersection improvements at Cantrell Sansom Road and Farm to Market 156 (City Project
No. 103464) ; and
3. Amend the Fiscal Years 2021-2025 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to partner with the City of Saginaw
for intersection improvements at Cantrell Sansom Road and Farm to Market 156 (FM 156). The
intersection improvement project will reconstruct the existing intersection to include new traffic
signalization, dedicated right and left turn lanes, and pedestrian improvements. The intersection is
within the cities of Saginaw, Fort Worth, and Blue Mound.
The estimated cost of the project is $4,000,000.00. Funding contribution include a combination of
funds from the private sector, Federal, State, Tarrant County, cities of Saginaw, Fort Worth, and Blue
Mound . The Texas Department of Transportation (TxDOT) has agreed to manage the design and
construction phases of the intersection improvement project for the local entities and execute an
Advance Funding Agreement with the City of Saginaw. The City of Saginaw will execute interlocal
agreements (ILA) with the adjacent entities for funding participation based on the intersection
improvement costs of the project within their jurisdiction.
The approximate portion of the intersection improvement project within the city limits of Fort Worth
includes the southern half of Cantrell Sansom Road, east of FM 156. Cantrell Sansom Road at FM
156 is identified in the City's Master Thoroughfare Plan (MTP) as a four-lane divided neighborhood
connector with a 10' shared use path.
City staff recommends City Council approval for use of 2007 critical capital need (CCN) revenues in
the amount of$250,000.00 to implement the intersection improvement project. City staff has identified
the need for $140,000.00 to address the design, right of way and utilities phases, to include city staff
costs. The remaining amount of$110,000.00 is for the City of Fort Worth's participation in an ILA with
the City of Saginaw for the construction phase of the project (City Project No. 103464).
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
apps.cfwnet.org/council_packet/mc_review.asp?ID=29217&councildate=9/14/2021 112
12/13/22,5:31 PM M&C Review
The Director of Finance certifies that funds are currently available in the UNSPEC project within
the 2007 Critical Capital Projects Fund and upon approval of the above recommendations and
adoption of the attached appropriation ordinance, funds will be available in the 2007 Critical Capital
Projects Fund for the Cantrell Sansom at FM 156 project to support the approval of the above
recommendations and execution of an interlocal agreement. Prior to an expenditure being incurred,
the Transportation & 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 I I ID I I Year (Chartfield 2)
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
Originating Department Head: William Johnson (7801)
Additional Information Contact:
Monty Hall (8662)
David Jodray (2891)
ATTACHMENTS
20CANTRELL SANSOM ROAD AT FM 156 INTERSECTION IMPROVEMENT funds availability.docx (CFW Internal)
20CANTRELL SANSOM ROAD 39001.XLSX (CFW Internal)
20CANTRELL SANSOM ROAD AT FM156 39001r.docx (Public)
MAP Cantrell Sansom at FM 156.pdf (Public)
apps.cfwnet.org/council_packet/mc_review.asp?ID=29217&counciidate=9/14/2021 2/2