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HomeMy WebLinkAboutContract 53987 d CSC No.53987 INTERLOCAL AGREEMENT BETWEEN THE �U�!C���\No�iN CITY OF HALTOM CITY AND THE CITY OF FORT WORTH pF �CP?,, S,o Roadway Improvements on Selma Street From Brittain Street to N. Beach Street within Haltom City STATE OF TEXAS § COUNTY OF TARRANT § This Interlocal Agreement ("Agreement") is entered into by and between the City of Haltom City, a Texas home rule municipality, acting by and through its City Manager ("Haltom City"), and the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized Assistant City Manager("Fort Worth"). I. RECITALS WHEREAS, Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act, authorizes municipalities to enter into interlocal agreements for the providing of governmental functions and services; 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, 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 functions under this Agreement; and WHEREAS, Haltom City and Fort Worth desire to install water, sewer and roadway improvements to Selma Street from Brittain Street to N. Beach Street, a portion of which is located within the territorial limits of Haltom City and a portion of which is located within the territorial limits of Fort Worth; and WHEREAS, Haltom City has agreed to pay for 100 percent of the costs for the design and construction of the portion of Selma Street located within Haltom City, estimated to not exceed $700,000.00 of which ten percent (10%) of the actual contract costs for the construction of the Haltom City portion will be for inspection and material testing; and WHEREAS, Fort Worth has agreed to incorporate the portion of Selma Street located within Haltom City into its construction plans for the 2018 Bond Year 3, Contract 7 (City Project Number 101453). NOW THEREFORE,Haltom City and Fort Worth agree as follows: OFFICIAL RECORD Selma Street Improvements Page 1 of 7 CITY SECRETARY FT. WORTH,TX II. TERMS AND CONDITIONS A. Project. Fort Worth and Haltom City (the "Parties") agree to jointly construct and/or pay for those improvements in Selma Street, as described in the recitals hereto and in more detail herein, within Fort Worth and Haltom City, as indicated in Exhibits A, which project shall be let and completed as a single construction contract(the"Project"). B. Design of the Project. The Parties acknowledge and agree that Fort Worth will prepare the Project design and that Fort Worth shall be solely responsible for the Project design. Haltom City shall have review authority of the plans and specifications at 30-60-90% intervals and Fort Worth will address Haltom City's comments to the extent they do not materially change the intent of the project. Major components of the project within Haltom City Limits include: • New Sanitary Sewer Line • New Appurtenances (namely fire hydrant assemblies) for the Existing Water Line • Roadway Reconstruction by Pulverize and Overlay • New Concrete Curb and Gutter, Sidewalks and Driveways • Construction to be in accordance with Haltom City's standards C. Project Obligations. Fort Worth will pay for the project's design and construction costs, including all necessary utility adjustments so the facilities can be properly installed. Upon request for payment Haltom City will provide to Fort Worth $100,000.00 per fiscal year beginning in 2020 and continuing until the remaining project expenses are less than$100,000.00 or when construction is complete on Selma Street, whichever is first. Fort Worth will perform a financial reconciliation of the actual costs and receive approval from Haltom City prior to Fort Worth sending the final request for payment. Haltom City shall be provided with the anticipated design services fee, broken into relative shares, for approval prior to Fort Worth entering into the design services agreement. D. Procurement Construction and Maintenance. Fort Worth shall be responsible for: 1. Competitive procurement and award of the construction contract for the Project which shall have Haltom City's portion of the Project broken out as a separate Unit on the bid package (Haltom City reserves the right to reject the bids for its portion of the project should bids exceed Haltom City's project budget); 2. Preparation of Project contract documents; 3. Inspection and Material Testing of Project construction; 4. Securing from its contractor a 2 year, 100% maintenance bond in favor of Fort Worth and Haltom City for the respective work. After the maintenance bond period, Haltom City will be responsible for maintenance and operation of Haltom City's portion of the Project. Selma Street Improvements Page 2 of 7 Haltom City shall be provided the opportunity to attend the pre-bid meeting and the bid opening, review applicable addendums, attend the pre-construction conference, and perform its own inspection or review of materials testing. Haltom City shall, in writing, notifiy Fort Worth of its acceptance or rejection of its portion of the project bid. E. Current Revenue. No debt is created by this Agreement. Haltom City 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. 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 Haltom City, 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 governmental immunity by Fort Worth or Haltom City. G. No Third Party Beneficiaries. It is understood by the Parties that this Agreement is entered into for the mutual convenience and purposes of Haltom City 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. I. 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. Amendment. This Agreement may only be amended, altered, or revoked by written instrument duly authorized and signed by the parties to such amendment. L. 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 Selma Street Improvements Page 3 of 7 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 Attn: Lane Zarate, P.E. 200 Texas St. Fort Worth, Texas 76102 With copy to: Douglas W. Black, Sr. Assistant City Attorney 200 Texas Street Fort Worth,Texas 76102 City of Haltom City Attn: Gregory Van Nieuwenhuize, Director of Public Works 4200 Hollis Street Haltom City, TX 76111 With copy to: Wayne Olson, 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. M. 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. N. 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. O. Non Discrimination. Neither Fort Worth nor Haltom City, nor any of their officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this Agreement, shall in connection with the employment, advancement, or discharge Selma Street Improvements Page 4 of 7 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 Haltom City 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 Haltom City have each caused this instrument to be executed in duplicate on each city's respective behalf by its duly authorized representative. EXECUTED and EFFECTIVE as of the date last written by a signatory,below. Selma Street Improvements Page 5 of 7 CITY OF HALTOM CITY CITY OF FORT WORTH %ln/,�n �iiLn�.r.✓ifl` By: _ By:Dana Burghdoff(J 5,2020 :43 CDT) Rex Phelps,City Manager Dana Burghdoff Date: q-/.?-21% Assistant City Manager ATTEST: Date: Jun 5, 2020 ,5 ®f- F0 } ATTEST: Art Camacho,City Secretary Mary J. Kayser,City Secret M&C No. M&C 20-0122 Date: 03/03/2020 RECOMMENDED FOR APPROVAL: BY: 1--9 J" - William Johnson, Director Transportation and Public Works Department Approved as to Form and Legality: e Mack(Jun 5,2020 17:38 CDT) Douglas W. Black Sr.Assistant City Attorney 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. Mary Hann un 3,202014:58 CDT) Mary Hanna Project Manager OFFICIAL RECUKu, Selma Street Improvements Page 6 of 7 CITY SECRETARY FT. WORTH, T ¢ SELMA ST- HALTOM CITY ILA Exhibit A . y , UH : ■ _ 1831., •wYw � � f ;� � � 1 Q SEL4t ` W Z - . w ? r f KEARBY ,7i _ � Haltom �It�y m SELMA {Fort V1lorfih - _ - 1 . SPRINGDALE Z ll■ R■�■fills■!� o ail� RUSTY❑ELL ? , - �' O fY, ro m O a EARLWNW ■ t, egen Cn f+ j r v ' CARNATION City of Fort Worth Section Haltom City Section Tt imonm ai m City Limit HONEYSUCKLE N. 47 Selma Street Improvements Page 7 of 7 City of Fort Worth, Texas Mayor and Council Communication DATE: 03/03/20 M&C FILE NUMBER: M&C 20-0122 LOG NAME: 20SELMA ST-HALTOM CITY ILA SUBJECT Authorize Execution of Interlocal Agreement with Haltom City in an Amount Not to Exceed$700,000.00 for Water,Sewer and Roadway Improvements on Selma Street Between the City Limits and Beach Street within Haltom City as Part of the 2018 CIP Year 3,Contract 7 Project and Adopt Appropriation Ordinance(COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an Interlocal Agreement with Haltom City in an amount not to exceed$700,000.00 for water,sewer and roadway improvements on Selma Street between the City limits and Beach Street within Haltom City as Part of 2018 CIP Year 3,Contract 7(City Project Nos. 101453 and 102556);and 2. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Intergovernmental Contribution Fund in the amount of$700,000.00, receivable from Haltom City for water,sewer and roadway improvements on Selma Street between the City limits and Beach Street within Haltom City as part of Selma St-Haltom City project(City Project No. 102556) DISCUSSION: The 2018 Bond Program included improvements to Selma Street from Brittain Street to the Fort Worth City limits with Haltom City,as shown on the attached map. Haltom City expressed interest in partnering on the project in order to complete the remaining portion of the block, thus expanding the project limits to the entire length of the street between Brittain Street in Fort Worth and Beach Street in Haltom City. Haltom City has agreed to enter into an Interlocal Agreement for the rehabilitation of its portion of Selma Street. Fort Worth will add Haltom City's portion as part of 2018 CIP Year 3,Contract 7 project(City Project No. 101453). For administrative reasons,a separate project number(City Project No. 102556)has been set up for the Haltom City portion of the project. Haltom City will reimburse Fort Worth for 100 percent of the cost of the design and construction of the water,sewer and roadway improvements on Haltom City's portion of Selma Street,estimated to not exceed$700,000.00. The reimbursement may be less or more depending upon the actual quantities and bid prices of the project. Haltom City has requested to pay its portion over time and will be invoiced on a yearly basis at a rate of $100,000.00 to begin in 2020 and continue until the project expenses are reimbursed. The City anticipates design to be completed in October 2020 and to advertise for construction in November 2020. Construction for this project is to start approximately February 2021 with a completion date of approximately June,2022. Upon completion of the project there is no anticipated impact on the operating fund. This project is located in COUNCIL DISTRICT 4. A Form 1295 is not required because:This contract will be with a governmental entity,state agency or public institution of higher education: Haltom City FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations,execution of the agreement,and adoption of the attached appropriation ordinance,funds will be deposited into the Interlocal Contributions Fund as appropriated. The Transportation&Public Works Department(and Financial Management Services)is responsible for the collection and deposit of funds due to the City and prior to any expense being incurred,the Transportation&Public Works Department also has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Lane Zarate 7802