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Home My WebLink AboutContract 48847STATE OF TEXAS COUNTY OF TARRANT C�T1' SECRETqRy� ' � ��,(�, CONTRqG'� Np `j' / r INTERLOCAL AGREEMENT BETWEEN THE CITY OF KELLER AND THE CITY OF FORT WORTH, TEXAS . THIS AGREEMENT is by and between the CITY OF KELLER, a Texas General Law municipality with its principle office at 1100 Bear Creek Parkway, Keller, Tarrant County, Texas 76248, (KELLER), and the CITY OF FORT WORTH, a Texas home-rule municipality, with its principal office at 200 Texas Street, City Hall, Fort Worth, Tarrant County, Texas 76102 (FORT WORTH). WITNESSETH: WHEREAS, the Texas Legislature has authorized the execution of Interlocal Cooperation Agreements between and among governmental entities pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended; 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 KELLER is a wholesale water customer of Fort Worth's currently being served by a 20-inch water transmission main and has plans to construct an additional 30-inch water line that transports potable water from FORT WORTH; and WHEREAS, in 2015, KELLER initiated preliminary design work to evaluate options for the new 30-inch water line; and WHEREAS, preliminary design has identified a preferred pipeline alignment that includes crossing the future Park Vista Boulevard at approximately the location shown on Exhibit "A” attached hereto; and WHEREAS, FORT WORTH has an agreement with a private developer to construct Park Vista Boulevard, a roadway within Fort Worth, from Ray White Road to Keller Hicks Road; and WHEREAS, to facilitate the future Keller water line and to avoid the necessity of damaging a new roadway, a 48-inch casing pipe for the future transmission main will be installed underneath Park Vista Boulevard during the construction of same; and WHEREAS, KELLER has agreed to pay for 100 percent of the cost for the installation of the casing pipe estimated at $157,404.00 plus $6,296.00 for inspection anzi-rr��#eri�l-testi.ng,_ for a total r�lf�6�d��l�i6 - � � f�C��'ti; �� TY sEc " City of Fort Worth-City of Keller ILA Park Vista 48" Casing Pipe RETAIt�,%' F$age 1 of 5 I� FT• WORTH, T�S � of $163,700.00, by providing said funds to FORT WORTH; and WHEREAS, FORT WORTH has agreed to incorporate the casing pipe into its agreement with the developer constructing Park Vista Boulevard; NOW THEREFORE, in consideration of the above recitals and the premises and agreements, covenants and promises herein set forth, it is agreed as follows: Section 1. OBLIGATIONS OF KELLER A. KELLER is responsible for and will provide to FORT WORTH the final design and technical specifications for the casing pipe; B. KELLER, and KELLER'S engineer will conduct a final review of the casing pipe installation for conformance with the design and general compliance with construction practices. KELLER'S engineer will prepare a list of deficiencies to be corrected by the developer's contractor which will be provided to FORT WORTH within ten days of notice that the casing pipe has been installed; C. Upon request for payment, KELLER will provide to FORT WORTH a lump sum amount of $163,700.00 prior to FORT WORTH making any changes to its agreement with the developer for the casing pipe. Final project costs will be adjusted for actual cost increases or decreases. The costs include, but are not limited to costs identified in the final bids and approved change orders. KELLER shall have the right to dispute the final actual costs should they deviate by more than 5 percent of the initial cost amount, exclusive of inspection costs; D. Upon completion of the KELLER, KELLER shall casing pipe. casing pipe and acceptance of the improvements by be responsible for maintenance and operation of the Section 2. OBLIGATIONS OF FORT WORTH � � C. FORT WORTH will ensure that the developer's contractor constructs the casing pipe according to the plans and specifications; FORT WORTH shall obtain or cause to be obtained, all material, labor and equipment necessary for the construction of the casing pipe. FORT WORTH will conduct a final review of the casing pipe for conformance with the design compliance with the construction practices. City of Fort Worth-City of Keller ILA Park Vista 48" Casing Pipe Page 2 of 5 Section 3. TERMS OF AGREEMENT A. TERM. This AGREEMENT shall be effective upon full execution hereof, as indicated by the dates subscribed by the signatories, and shall continue in force and effect until the casing pipe is accepted by KELLER; B. NOTICES. All notices or communications provided for herein shall be delivered to KELLER and CITY or, if mailed, shall be sent to KELLER and CITY at their respective addresses. For the purposes of notice, the addresses of the parties, until changed by written notice, shall be as follows: CITY OF KELLER: CITY OF KELLER P.O. Box 770 Keller, Texas 76244 Attention: Dennis Fritz, P.E., Senior Engineer FORT WORTH: City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Attention: Mr. Patrick Buckley � Senior Professional Engineer, Transportation and Public Works Department C. IMMUNITY. It is expressly understood and agreed that, in the execution of this AGREEMENT, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. D. SEVERABILITY. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants or conditions of this AGREEMENT are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions in this AGREEMENT shall remain in full force and effect and shall in no way be affected, impaired or invalidated. E. GOVERNING LAW. The validity of the AGREEMENT and of any of its terms or provisions, as well as the rights and duties hereunder, shall be governed by the laws of the State of Texas. F. PLACE OF PERFORMANCE. All amounts due under this AGREEMENT shall be paid in Tarrant County, Texas, said Tarrant County, Texas, being the place of perFormance as agreed to by the parties to this AGREEMENT. In the event that any legal proceeding is brought City of Fort Worth-City of Keller ILA Park Vista 48" Casing Pipe Page 3 of 5 to enforce this AGREEMENT or any provision hereof, the same shall be brought in Tarrant County, Texas. G. ENTIRE AGREEMENT. This AGREEMENT contains all the terms, commitments and covenants of the parties pursuant to this AGREEMENT. Any verbal or written commitment not contained in this AGREEMENT or expressly referred to in this AGREEMENT and incorporated by reference shall have no force or effect. H. CURRENT REVENUES. The parties hereto shall make payments called for hereunder only from current revenues legally available to each party. IN WITNESS WHEREOF, the parties acting under authority of their respective governing bodies have caused this AGREEMENT to be duly executed in several counterparts, each of which is deemed to be an original, as of the date first written above. CITY OF FORT WORTH By: �" Jesus J. Chapa � Assistant City Manager Date: � �� ATTEST: By. Ma y J. City Se re (CITY'S SEAL) CITY OF KELLER % � By: �' Mark Hafner City Manager Date: v��- ATTEST: ! BY Ke ly B r Interim City Secretary �►FFICIAL RECORD CITY SECRETARY �T. WORTH� TX City of Fort Worth-City of Keller ILA Park Vista 48" Casing Pipe Page 4 of 5 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 requ�ren'�ents. � Name: J�,�� Q ✓ , � J�l� Title: � �u �ss�6� ��1'�{�(, Sen�� P APPROVED AS TO FORM and Legality Douglas W Black Sr. Assistant City Attorney INl �-C G - ?� d Z � IL-l3-f6 Approved as to Form and Legality ; � � G^� �r: :_ + rj�_ res L. Startton Lowry: City 6�ttorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth-City of Keller ILA Park Vista 48" Casing Pipe Page 5 of 5 �, 3N1� NOISSIWSNd2�1 „0� d1Sl� b'l�'d S�Y.�i 'd3ll3N �0 A11� �� _-- - __ , \ � AVM-j0'1H`J2! .ol l _ (a3nxo .�e) , 'OAlB H15U� Nayd"' .� � _ -- i- - � �� ` ~� . _ _ _ � . _ - ,,. i-- _ --- - ;_ , ,. , _,, , _ i� � � � ; � l ' I I ' I F I J I 4 - � o�jl) � -��L� � I � ' I � - I I �'U:� � � � �Ca I`'�� Q U � - I � .� � ii � ' i � , i a � C7 � � 4�a- �� ' m 3 O � Cp � i�, �� Z� , .a � , �. � ; ,- � , �- 0 _� - I i r � '� .I a f--R- t--" _ _'� _--� i = - , � i � T I- - I _ _ - i - I ' I I ' I 1 i � �' l I� � ,I � �� _- � _ �� "�� LL�n�, I ' ��Y� � �, ,� � , 'I � -` I I I 1 i � I� I �I Ii ' >, � I � ,�� .� , �� - I , �, � . 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I '-` C/t,�/ Of F�OI"f WO/#l�, TeXa$ Mayor and Council Communication DATE: Tuesday, December 13, 2016 REFERENCE NO.: **C-28029 LOG NAME: 06PARK VISTA - ILA AND CFA WITH CITY PARTICIPATION SUBJECT: Authorize Execution of an Interlocal Agreement with the City of Keller in the Amount of $163,700.00, Authorize Execution of a Community Facilities Agreement with Wal-Mart Real Estate Business Trust in the Amount of $16,112,388.00 for the Construction of Park Vista Boulevard from Keller Hicks Road to Ray White Road, with City Participation in the Amount of $294,600.00 for Increasing the Height of the Park Vista Boulevard Bridge and the Installation of a 48-Inch Casing for a Water Line to Serve the City of Keller and Adopt Appropriation Ordinances (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an Interlocal Agreement with the City of Keller to accept $163,700.00 for a 48- Inch water line casing for a future water line to serve the City of Keller; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Park Vista Boulevard Project of the Intergovernmental Contribution Fund in the amount of $163,700.00; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Park Vista Boulevard Project of the Transportation Impact Fee Legacy Fund in the amount of $130,900.00 and reduce the fund balance in the Unspecified Center of Service Area D by the same amount; and 4. Authorize the execution of a Community Facilities Agreement with Wal-Mart Real Estate Business Trust in the amount of $16,112,388.00 for the construction of Park Vista Boulevard from Keller Hicks Road to Ray White Road, with City participation in the amount of $294,600.00 for increasing the height of the Park Vista Road bridge and installations of a 48-inch water casing. DISCUSSION: Wal-Mart Real Estate Business Trust is executing a Community Facilities Agreement (CFA) to construct Park Vista Road from Keller Hicks Road to Ray White Road for its commercial development in north Fort Worth. The project includes a bridge over Big Bear Creek to the south of Golden Triangle Boulevard. The City is cost participating in the construction costs to increase the height of the bridge to provide adequate clearance under the bridge for future park trails. Additionally, the City of Keller will be executing an Interlocal Agreement with the City of Fort Worth to have 330 linear feet of a 48-inch water main casing included in this project to serve future development in Keller. The City's cost participation for the bridge and the installation of the water main casing is estimated to be $294,600.00, as shown on the table below. --. _�: _ � � � — _.. __ T_ �� Itemv_ __ PT E DeveloperCost � Ci Cost TotalCost N`_� , _� �__ �— Logname: 06PARK VISTA - ILA AND CFA WITH CITY PARTICIPATION Page 1 of 2 ;WaterConstruction � $ 1,171,759.00 j$157,404.00 �$ 1,329,163.00 _ _ _ _ _ _ ___ -- -- - - ;Roadwa Construction - y � $13,765,382.00 ( $130,900.00 � $13,896,282.00 _ _ -- - --- -- _ -i ;Material Testing and Inspection - t _ _ - , _ -- ---__._ . ;Fees ,$ 880,647.00 �$ 6,296 00 ;$ 886 943.00 ___ ---- - _ _-- ' Total ProjectCost ;� $15,817,788.00 � $294,600.00 i $16,112,388.00 The reimbursement of the participation, excluding inspection and material testing fees, is not a lump-sum amount and may be less than the stated amount depending upon the actual quantities and unit prices from the Notice of Final Completion Package, commonly referred to as the Green Sheet Package. This development is located COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, funds will be available in the current capital budgets, as appropriated, of the Intergovernmental Contribution Fund and the Transportation Impact Fee Legacy Fund. FUND IDENTIFIERS (FIDs1: TO ��Fund Department ccoun Project Program�ct�ivity �Budget � Reference # mount ID ID �� I Year I (ChartField 21 � iFund Department I ccoun Project Program� ctivity Buclget Reference # � moun L__ _ __ ID __�� ID _ � Year (Chartfield 2) _ CERTIFICATIONS: Submitted for Citv Manager's Office bv: Fernando Costa (6122) Oriqinatinq Department Head: Randle Harwood (6101) Additional Information Contact: Julie Westerman (2677) ATTACHMENTS 1. 06PARK VISTA-ILA AND CFW WITH CITY PARTICIPATION 30106 A017.docx (Public) 2. 06PARK VISTA-ILA AND CFW WITH CITY PARTICIPATION 39008 A017.docx (Public) 3. Form 1295.pdf (Public) 4. M and C FID Attachment.xlsx (CFW Internal) 5. Park Vista Location Map.pdf (Public) Logname: 06PARK VISTA - ILA AND CFA WITH CITY PARTICIPATION Page 2 of 2