HomeMy WebLinkAboutContract 50083 CIN SECRETARY
CONTRACT NO._'50023
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KELLER, TEXAS
AND THE CITY OF FORT WORTH, TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is by and between the CITY OF KELLER, a Texas home-rule
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 govemmental 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 has procured and provided design plans for the addition of a right
turn lane and 16-inch, 12-inch and 8-inch water line relocations on Mt. Gilead Road at U.S. Hwy
377, within the KELLER city limits as shown on the attached Location Map, ("Mt. Gilead
Improvements")to be included with Fort Worth's design plans for its Timberland Boulevard Phase
3 project(Timberland Phase 3"); and
WHEREAS, KELLER has agreed to pay for 100 percent of the cost for the construction of
the Mt. Gilead Improvements, estimated to be $506,702.00, plus $20,268.00 for inspection and
material testing,for a total of$526,970.00, by providing said funds to FORT WORTH; and
WHEREAS, FORT WORTH has agreed to incorporate the Mt. Gilead Improvements into its
construction plans for the Timberland Phase 3 project;
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 a ina `esT
technical specifications for the Mt. Gilead Improvements; OFFICIAL RECORD
CITY EECRET'ARY
City of Fort Worth-City of Keller ILA Timberland Blvd/Mt Gilead Improvements � FT. Woo^M
B. KELLER, and KELLER'S City Engineer, Chad Bartee, will conduct a final review
of the Mt. Gilead Improvements for conformance with the design and general
compliance with construction practices;
C. Upon request for payment KELLER will provide to FORT WORTH a lump sum
amount of$526,970.00. KELLER agrees and understands that 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;
D. Upon completion and acceptance of the Mt. Gilead Improvements by KELLER,
KELLER shall be responsible for maintenance and operation of the Mt. Gilead
Improvements.
Section 2. OBLIGATIONS OF FORT WORTH
A. FORT WORTH will ensure that the City's contractor constructs the Mt. Gilead
Improvements according to the plans and specifications;
B. FORT WORTH shall obtain or cause to be obtained, all material, labor and
equipment necessary for the construction of the Mt. Gilead Improvements;
C. FORT WORTH shall arrange for all materials testing and inspection for the Mt.
Gilead Improvements. Nothing herein shall prohibit or prevent KELLER from
performing its own inspection or review of materials testing.
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 Mt. Gilead Improvements are accepted by KELLER;
B. NOTICES. All notices or communications provided for herein shall be delivered to
KELLER and FORT WORTH or, if mailed, shall be sent to KELLER and FORT
WORTH at their respective addresses. For the purposes of notice, the addresses
of the parties, until changed by written notice, are as set forth in the recitals, with
Notice to be directed to:
CITY OF KELLER,
Attention: Chad Bartee, P.E.
City Engineer
FORT WORTH:
Attention: Leon Wilson, Jr., P.E.
Senior Professional Engineer, Transportation and Public Works
Department
City of Fort Worth-City of Keller ILA Timberland Blvd/Mt Gilead Improvements Page 2 of 4
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 privilege, 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 heid 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 actions to be taken or amounts due under this
AGREEMENT shall be performed in Tarrant County, Texas. In the event that any legal
proceeding is brought 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. 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.
City of Fort Worth-City of Keller ILA Timberland Blvd/Mt Gilead Improvements Page 3 of 4
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 CITY OF KELLER
By: By: _
Jesus J. Chapa Mark Hafner
Assistant City Manager City Manager
Date: M` '` Date: -U-2J "
ATTEST: ATTEST:
By: A T 11
By:
Ma J. Kayser Gy 'r Kelly Ba rd
City Secretary 4� City Secretary
(CITY'S SEAL.) .(AUTHORITY S SEAL)
* OF
Contract Compliance Manager: !
By signing, I acknowledge that I am the v,
person responsible for the monitoring and A
administration of this contract, including
ensuring all performance and reporting SlgTE O�
requirements.
Name: Leon Wilson
Title: Senior Professional Engineer
APPROVED AS TO FORM and Legality Approved s toFor nd Legality
21 qY
Douglas W Black LOIKton ow
Sr. Assistant City Attorney CityAttorn WO
OFFICIAL„RECORD �
CITY SL
H
City of Fort.Worth-City of Keller ILA Timberland Blvd/Mt Gilead Improvements �� Page 4 of 4
N
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTIQt ;,;Approved on 12/5/2017 - Ordinance No. 23019-12-2017
DATE: Tuesday, December 5, 2017 REFERENCE NO.: **C-28491
LOG NAME: 20TIMBERLAND BLVD - CITY OF KELLER ILA
SUBJECT:
Authorize Execution of Interlocal Agreement with the City of Keller in the Amount of$526,970.00 for the
Addition of a Right Turn Lane and Water Line Relocations on Mt. Gilead Road at U.S. Hwy 377 to Serve
the City of Keller as Part of the Timberland Boulevard Phase Three Improvements and Adopt Appropriation
Ordinance (2014 BOND PROGRAM) (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 $526,970.00 for the
addition of a right turn lane and water line relocations on Mt. Gilead Road at U.S. Hwy 377 to serve the
City of Keller as part of the Timberland Boulevard Phase Three Improvements; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Timberland Boulevard Project of the Intergovernmental Contribution Fund in the amount of$526,970.00.
DISCUSSION:
The 2014 Bond Program included Timberland Boulevard as an improvement project from Excelsior Lane
to U.S. Hwy 377 and Park Vista Boulevard from West Caylor Road to Timberland Boulevard. The project
is being delivered in three separate phases.
Timberland Boulevard Phase Three will include roadway and railroad quiet zone improvements from Park
Vista Boulevard to U.S. Hwy 377. Improvements at U.S. Hwy 377 are also included to improve the
functionality of the intersection which include a turn lane on Mt. Gilead Road and water line improvements
in the City of Keller.
The City of Keller requested the addition of and a right turn lane from Mt. Gilead Road to north bound U.S.
Hwy 377 along with several waterline relocations on Mt. Gilead Road at U.S. Hwy 377 be added to
Timberland Boulevard Phase Three Project.
The City of Keller has procured and provided design plans for these additions and will be responsible for
the cost of improvements on Mt. Gilead Road.
The City of Keller has agreed to pay for 100 percent of the cost of the construction of the Mt. Gilead Road
improvements, estimated to be $506,702.00, plus $20,268.00 for inspections and material testing for a
total of$526,970.00. The reimbursement of the construction cost, excluding inspection and material
testing fees, is not a lump-sum amount and may be less or more than the stated amount depending upon
the actual quantities and bid prices of the project. The City anticipates advertising Timberland Boulevard
Logname: 20TIMBERLAND BLVD - CITY OF KELLER ILA Page 1 of 2
Phase Three for construction in March 2018.
Phase One of Timberland Boulevard, (M&C C-27438 approved August 25, 2015) was for the construction
of Timberland Boulevard from North Caylor Road to Park Vista Boulevard and Park Vista Boulevard from
West Caylor Road to Timberland Boulevard. Phase One was completed in April 2017.
Phase Two of Timberland Boulevard, (M&C C-28339 approved August 15, 2017) includes roadway
improvements from Excelsior Lane to North Caylor Road, started in October 2017 and is anticipated to be
completed in August 2018.
This project is located in COUNCIL DISTRICT 7.
This contract will be with a governmental entity, state agency or public institution of higher education: City
of Keller.
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. The
Transportation and Public Works Department in conjunction with the Department of Financial
Management Services has the responsibility to collect the funds due from the City of Keller.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Account! Project lProgram'Activityl Budget Reference # moun
ID ID ( Year (Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Douglas Wiersig (7801)
Additional Information Contact: Leon Wilson (8883)
ATTACHMENTS
1. AO 20TIMBERLAND BLVD - CITY OF KELLER ILA.docx (Public)
2. FID Timberland ILA.pdf (CFW Internal)
3. Location Map Timberland.pdf (Public)
Logname: 20TIMBERLAND BLVD - CITY OF KELLER ILA Page 2 of 2