HomeMy WebLinkAboutContract 43398 (2)CITY SECRETARY o '
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INTERLOCAL AGREEMENT BETWEEN THE
CITY OF KELLER AND THE CITY OF FORT WORTH
STATE OF TEXAS
COUNTY OF TARRANT
This Agreement is entered into by and between the City of Keller ("Keller"), acting by
and through Dan O'Leary, its duly authorized City Manager, and the City of Fort Worth,
("Fort Worth") acting by and through Fernando Costa, its duly authorized Assistant City
Manager, both of Tarrant County, State of Texas. Keller and Fort Worth may be referred to
individually as a "Party" or collectively as the "Parties."
I. RECITALS
WHEREAS, Chapter 791, Texas Government Code authorizes Interlocal Agreements
between governmental entities to perform services either could undertake individually; and
WHEREAS, Keller wants to install a sanitary sewer line under the pavement in the
eastern quarter point of Katy Road just south of Caylor Road to Golden Triangle Boulevard
within the City of Fort Worth limits; and
WHEREAS, Keller will be responsible for the design, construction, and inspection
of the sewer line and the design, reconstruction, and inspection of Katy Road and bear the
responsibility and cost of this project under the terms and conditions set forth herein. There
will be no cost participation or financial responsibility by Fort Worth for this project; and
WHEREAS, Keller will manage the contracts for the Project, Fort Worth will review
the design and have the right to inspect the sewer line and road construction at any time
during the construction and after completion of the project; and
WHEREAS, each governing body, in performing governmental functions or in
paying for 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, each governing body agrees to share the responsibilities and costs of the
services, and functions under the terms and conditions set forth herein.
sS
OFFICIAL tCORD
CITY SEC E '' ,,
01-16-12 P03:35 IN
NOW THEREFORE, Keller and Fort Worth agree as follows:
II. TERMS AND CONDITIONS
A. Project. Keller will bare the cost and responsibilities associated with the design
and construction of the sanitary sewei line and reconstruction of Katy Road (the
"Project") as set forth herein
B. Keller.
1. Keller will provide final construction plans to Fort Worth for final approval.
2. Keller will be responsible for easement acquisition for this project from the
property owner(s).
3. Once Fort Worth has approved the final construction plans and specifications
in writing, Keller will start the Project.
4. Keller inspectors will monitor and inspect the construction of the Project and
provide material testing and compaction documents to Fort Worth.
5. Once the reconstruction work of Katy Road is completed and officially
accepted by Fort Worth, the road will be warranted for two (2) years by Keller
for material and workmanship. The sewer line will be maintained by Keller.
Any damage to the load aftei the 2 years warranty as a result of sewer line
repair shall be repaired by Keller.
C. Fort Worth.
1. Fort Worth will review the final construction plans and specifications and,
when warranted, submit its written approval to Keller to start the work.
2. Once the construction work is completed, Fort Worth will inspect and accept
the work within the city limits of Fort Worth.
D Effective Date and Term. This Agreement becomes effective when signed by the
last Party who's signing makes the Agreement fully executed and remains in force
and effect until the completion and acceptance of the Project unless otherwise
terminated.
E. Amendment. This Agreement may only be amended, altered, or revoked by
written instrument signed by Parties.
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
Keller, 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 Keller.
G. No Third Party Beneficiaries. It is understood by the Parties that this
Agreement is entered into for the mutual convenience and purposes of Keller and
Fort Worth and it is the Parties intent that no 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. Severability. In the event any section, subsection, paragraph, subparagraph,
sentence, phrase, or word herein is held invalid, illegal, or unenforceable, 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.
J. 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.
EXECUTED this
day of
ffkzrcth
, 2012.
CITY OF FELLER CITY OF FORT WORTH
Dan O'Leary /
City Manager
4,74444••••4
Fernando Costa
Assistant City Manager
Reconnmended By:
By:
Gregory W. Dicken's, P.E.
irector of Public Works
A' 11'T 111,ST :
Sheila Stephens
City Secretary
L. Atanitt Lovi;y,/
City Attorney
Contract AuthOtln ttio*
pate
*I I
•
KELLER & FORT WORTH INTERLOCAL AGREEMENT
Page 4 of 4
ecommended
(2 0
Dougla . Wiersig, P.E., '‘tor
Transportation & Public rks
AT ICES'
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Mary J. Kayser
City Secretary
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A' ®0o000od
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Approves' as to Form and i,egality:
Douglas Black
Assistant City Attorney
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RESOLUTION NO. 3186
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KELLER,
TEXAS, AMENDING THE CITY OF KELLER COMPREHENSIVE
THOROUGHFARE PLAN.
WHEREAS, the City of Keller adopted the original
Comprehensive Thoroughfare Plan in May 1988;
and
WHEREAS, the last amendment to the Comprehensive
8 Thoroughfare Plan was by Resolution No. 2251
adopted by the City Council of the City of
9 Keller, Texas on November 16, 2004, and
10 WHEREAS, the City of Keller periodically reviews and
11 amends the Comprehensive Thoroughfare Plan
of the City in conjunction with the growth
12 of the community; and
13 WHEREAS, the transportation engineering firm of
14 Kimley-Horn and Associates, Inc., has
prepared a U.S. Highway 377 Couplet Study,
15 dated March 2012; and
16 WHEREAS, the City Council had Staff conduct a public
meeting to receive public comments relating
17 to the U.S. Highway 377 Couplet Study; and
18 WHEREAS, based on public input, the City Council has
19 determined to amend the City of Keller
Comprehensive Thoroughfare Plan by removing
20 the U.S. Highway 377 Couplet concept from
the plan, attached hereto as Exhibit "A".
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KELLER, TEXAS:
23 Section 1: THAT, the above findings are hereby found to
24 be true and correct and are incorporated
herein in their entirety.
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Section 2: THAT, the City Council of the City of
Keller, Texas hereby approves amending the
City of Keller Comprehensive Thoroughfare
Plan, adopted November 16, 2004, by
Resolution No. 2251, by removing the U.S.
Highway 377 Couplet concept from the plan,
attached hereto as Exhibit "A".
AND IT IS SO RESOLVED.
Passed by a vote of 5 to 0 on this the 20th day of March,
2012.
ATTEST:
Approve
CITY QF KELLER, TEXAS
BY:
City Secretary
�/'
.H. McGrail,
and Legality:
ntoIf r ; C, y Attorney
Mayor
2
CET coil Gnort Werth, llexas
Mayor and Counci Communication
COUNCIL ACTION: Approved on 7/10/2012
DAT
LOG NAM
SUBJECT:
Authorize Execution of an Interlocal Agreement with the City of Keller to Install a Sanitary Sewer Line on
Katy Road at No Cost to the City of Fort Worth (COUNCIL DISTRICT 2)
Tuesday, July 10, 2012 REFERENCE NO.: **C-25687
20ILA-KELLER
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Interlocal Agreement with the City of
Keller to install a sanitary sewer line on Katy Road at No Cost to the City of Fort Worth.
DISCUSSION:
At the request of the City of Keller, the City of Fort Worth has agreed to enter into an Interlocal Agreement
to install a sanitary sewer line on Katy Road just south of Caylor Road to Golden Traingle Boulevard within
the City of Fort Worth limits.
Under the Agreement, the City of Keller will be responsible for the design, construction, and inspection of
the sewer line and the design, reconstruction and inspection of Katy Road. The City of Keller will be
responsible for the cost of this project. The City of Fort Worth will incur no cost resulting from this
Agreement.
Additionally, the City of Keller will manage the contracts and the City of Fort Worth will review the design
and have the right to inspect the project during construction.
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on city
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Douglas W. Wiersig (7801)
George Behmanesh (7914)
ATTACHMENTS
1. ILA KELLER MAP.pdf (Public)
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