HomeMy WebLinkAboutContract 57090 CITY SECHUARY O
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF FOREST HILL AND THE CITY OF FORT WORTH
cny4 K For A License to Perform
Roadway Improvements on Seminary Drive at Mansfield Highway Intersection within
Forest Hill
STATE OF TEXAS §
COUNTY OF TARRANT §
This Interlocal Agreement ("Agreement") is entered into by and between the City of
Forest Hill, a Texas home rule municipality, acting by and through its City Manager ("Forest
Hill"), and the City of Fort Worth, a Texas home rule municipality, acting by and through its
duly authorized Assistant City Manager ("Fort Worth"). Forest Hill and Fort Worth are also
known collectively 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 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, Fort Worth, in conjunction with the Texas Department of Transportation
(TXDOT), desires to install sidewalk and roadway improvements along Seminary Drive and
Mansfield Highway ("Project") a portion of which is located in TXDOT right-of-way within the
territorial limits of Forest Hill (Mansfield Highway) and within Forest Hill's right-of-way
(Seminary Drive) and a portion of which is located within the territorial limits of Fort Worth; and
WHEREAS, Fort Worth has agreed to pay for 100 percent of the costs for the
engineering design, environmental, temporary construction easements (including within Forest
Hill), and construction of the Project, estimated to be $728,260,00 by and through an Advance
Funding Agreement with TXDOT, under which TXDOT will let the construction contract; and
WHEREAS, Fort Worth has agreed to pay for 100 percent of the costs of the temporary
construction easements within City of Forest Hill, the estimated cost of the temporary
construction easement is $4,755.00 and construction of the improvement within the City of
OIFFICIAL RECORD
CITY SECRETARY
R.Seminary Rd.&Manslield Hwy Improvements-101590 FT W it otfx
Forest Hill, estimated to be $38,000.00 by and through an Advance Funding Agreement with
TXDOT, under which TXDOT will let the construction contract; and
WHEREAS, Forest Hill grants Fort Worth a license for Fort Worth to perform
engineering design, environmental, and construction activities for the Project within Forest Hill
city limits.
NOW THEREFORE,Forest Hill and Fort Worth agree as follows:
II. TERMS AND CONDITIONS
A. Project. Fort Worth and Forest Hill agree to perform their respective obligations,
as described in the recitals hereto, which are incorporated herein, and as stated in more detail
herein below,within Fort Worth and Forest Hill,as indicated on Exhibit A.
B. DesigLi of the Project. The Parties acknowledge and agree that Fort Worth will
prepare the Project engineering design and that Fort Worth shall be solely responsible for the
Project engineering design.Forest Hill shall have review authority of the plans and specifications
at 60 and 90% intervals.
Major components of the project within Forest Hill city limits include new sidewalk and
ramps, curb and gutter, driveways as well as paving and drainage improvements along Seminary
Drive and Mansfield Highway;
C. Project Obligations. Fort Worth will pay for the project's engineering design,
environmental,temporary construction easements, and construction costs, including all necessary
utility adjustments so the facilities can be properly installed.
D. Procurement,Pre-construction. Fort Worth shall be responsible for:
1. Preparation of Project contract documents;
2. Acquiring all TxDOT approvals for the Project;
3. Completing utility coordination for the Project;
4. Acquiring temporary construction easements for the Project;
E. Grant of License. Forest Hill hereby grants to Fort Worth a license to perform or
have performed engineering, preliminary construction activities and construction activities
within the city limits of Forest Hill within the project limits described in this Agreement.
F. Current Revenue. No debt is created by this Agreement. Forest Hill 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.
G. No Waiver of Immunily or Defenses. Nothing in the performance of this
Agreement shall impose any liability for claims against either Fort Worth or Forest Hill, other
than claims for which the Texas Tort Claims Act may impose liability.Nothing contained herein
E.Seminary Rd.&Mansfield Hwy Improvements-10I590 Page 2 of
shall be deemed to waive any immunity or defense or constitute a waiver of governmental
immunity by Fort Worth or Forest Hill.
H. No Third Party Beneficiaries. It is understood by the Parties that this Agreement
is entered into for the mutual convenience and purposes of Forest Hill 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 parry to obtain any right by virtue of this
Agreement.
1. 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.
J. 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.
K. Severabili. 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.
L. Amendment. This Agreement may only be amended, altered, or revoked by
written instrument duly authorized and signed by the parties to such amendment.
M. 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
Attn: Iskal Shrestha, PE
Sr.Project Manager
200 Texas St.
Fort Worth, Texas 76102
E.Seminary Rd.&Mansfield Hwy Improvements-101590 Page 3 of 6
With copy to:
Douglas W. Black,
Sr.Assistant City Attorney
200 Texas Street
Fort Worth, Texas 76102
City of Forest Hill
Attn: Venus M. Wehle,PLED
Interim City Manager
3219 California Parkway
Forest Hill, Texas 76119
With copy ta:
Nichols,Jackson,Dillard,Hager and Smith,LLP
Attn: Victoria Thomas, City Attorney
500 N. Akard/I800 Ross Tower
Dallas, Texas 75201
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.
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 both parties and shall be for a term of one year or until completion of the
Project,whichever occurs last.
P. Non Discrimination.Neither Fort Worth nor Forest Hill, 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
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 Forest Hill 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 Forest Hill have each caused this instrument to be
executed on each city's respective behalf by its duly authorized representative.
E.seminary Rd.&Mansfield Hwy Improvements-101590 Page 4 of 6
EXECUTED and EFFECTIVE as of the date last written by the signatory who's
signingmakes this document fully executed,below.
CITY OF O ST HILL CITY OF FORT WORTH
By: By:
Venus We le Dana Burghdoff
Interim ity Manager I*erirn Assistant C Manage
^IketR v^
yI�qj2,;-z Date: Date:
ATTEST:
ATTEST: r " �
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C�1Jl�
Amy L. And4 on 6Lrm e4+P-
City Secretary City Secretary
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16 M&C No.NIA
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Form and Legality: Date NIA
i
_ RECOMMENDED FOR APp VAL:
�-,Hager and Smith, By:William Johnson,Directos,Asst. City Attorney Transportation and Public Works
Department
aForm and Legality:
C _...
Douglas W.Black
' Sr.Assistant City Attorney
V 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
re uirements.
Iskal Shrestha,PE - -�
Sr.Project Manager 0MCIAL RECORD
�9 SECRETARY
E.Seminary Rd.&Mansfield Hwy Improvements-101590 F y H,TX.
ATTACHMENTS/EXHIBITS.
E.Seminary Rd.&Mansfield Hwy Improvements-101590 Page 6 of 6
ATTACHMENT A
Project Scope
The Project's scope includes traffic signal modification, sidewalk & ADA ramps, pavement
marking, and signage installation.
Major components of the Project within Forest Hill city limits include a new sidewalk, ADA
ramps, curb and gutter, driveway, and paving and drainage improvements along Seminary Drive
and Mansfield Highway.
Responsible Parties
For the Project covered by this Agreement, the parties shall be responsible for the following
work as stated in this attachment referenced in the table below.
1. City of Fort Worth Utilities
2. City of Fort Worth Enviromnental Assessment and Mitigation
3. City of Fort Worth Architectural and Engineering Servies
4. City of Forest Hill Review Engineering Plans and Specifications
5. City of Fort Worth Right of Way, Easement, and Real Property
6. 1 State Construction Responsibilities
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EXHIBIT B
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1- I FORT WORTH
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CITY OF
F FOREST HILL ,
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TRANSPORTATION&PUBLIC WORKS FoRTWoRTH
■ CAPITAL DELIVERY DIVISION
1-021 W6S777H ST
su coo E.SEMINARY DRIVE at MANSFkEI.D HIGHWAY
FORT WoTE)(ps 76107
e1 67756 1 CfTY PROD.NO.101590
FY 2018 BOND INTERSECTION COUNCIL OFSTRrcT8
IMPROVEMENT PROJECT MAPSCO 92X