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