HomeMy WebLinkAboutContract 58273 CSC No. 58273
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF HASLET AND THE CITY OF FORT WORTH
This Interlocal Agreement ("Agreement") is entered into by and between the City of
Haslet, a Texas General Law municipality, acting by and through its duly authorized
representative, ("Haslet"), and the City of Fort Worth, a Texas home rule municipality, acting by
and through its duly authorized representative, ("Fort Worth"). Fort Worth and Haslet may be
referred to from time to time 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,Haslet and Fort Worth desire to facilitate the extension of Keller-Haslet Road
by sharing in costs and tasks as described below; and
WHEREAS, Haslet and Fort Worth desire to engage with Tarrant County and the Texas
Department of Transportation for additional funding or construction support to provide a complete
project; and
WHEREAS, Tarrant County has the ready ability to perform the additional repaving work
requested by Haslet.
NOW THEREFORE, Haslet and Fort Worth agree as follows:
II. TERMS AND CONDITIONS
A. Project. Fort Worth and Haslet agree that Keller Haslet Road Extension, as
indicated in Exhibits "A", shall be constructed as a two-lane collector street connecting Keller
Haslet Road directly to FM 156, a distance of approximately 2,300 linear feet under with the City
of Haslet serving as Project Manager(the "Project").
B. Design of the Project. The City of Haslet shall have the plans prepared as necessary
to facilitate the additional asphalt surface overlay, such plans subject to cursory review by the City
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
of Fort Worth. The southbound FM 156 turn lane and signal, if warranted, at the intersection of
the Keller Haslet Road Extension and FM 156 are subject to TxDOT approval.
C. Responsibilities
1. Haslet shall be responsible for:
a. Serve As grantee and grant manager for Tarrant County transportation bond
funds.
b. Advancing design and construction documents until project costs can be
reimbursed by Tarrant County
C. Design of the project
d. Coordination with Tarrant County and TxDOT for Construction of the
Project;
b. Preparation of Project contract documents,
C. Inspection of Project construction
d. All cost overruns should they occur
e. Providing monthly email updates to Fort Worth on project status until its
completion
f. Consider boundary adjustment with the city of Fort Worth for new Keller
Haslet Road extension right-of-way after project completion
g. Complete the project by June 30, 2023.
2. Fort Worth shall be responsible for:
a. Contributing up to $800,000 to the City of Haslet upon execution of this
Interlocal Agreement (ILA), prior to construction, to be used to support
design and construction costs.
b. Consider a boundary adjustment with Haslet for the new Keller Haslet Road
extension right-of-way after project completion.
D. Cost and Payment Schedule. Fort Worth and Haslet reasonably believe that the
total cost of the additional overlay will not exceed the sum of$2,830,000. The Parties acknowledge
and agree that, as time is of the essence, upon execution of this ILA, Fort Worth shall provide the
sum of$500,000 (or $800,0000 if a signal is warranted at FM 156) and Haslet shall coordinate
with Tarrant County and TxDOT regarding reimbursements and work schedules. In the event the
Project cost increases, including installation, and alteration, Haslet shall be responsible for all cost
overruns.
E. Current Revenue. No debt is created by this Agreement. Haslet and Fort Worth
each hereby warrant that all payments, contributions, fees and disbursements, if any, required
under this Agreement shall be made from 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 Haslet, other than
claims for which the Texas Tort Claims Act may impose liability. Nothing contained herein shall
Interlocal-CFW-Haslet Keller-Haslet Road Extension Page 2 of 7
be deemed to waive any immunity or defense or constitute a waiver of governmental immunity by
Fort Worth or Haslet.
G. No Third Party Beneficiaries. It is understood by the Parties that this Agreement is
entered into for the mutual convenience and purposes of Haslet 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 Ri hg_ts. 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 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 (1) 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
Re: Keller Haslet Road Extension
200 Texas Street
Fort Worth, Texas 76102
Interlocal-CFW-Haslet Keller-Haslet Road Extension Page 3 of 7
With copy to:
Douglas W. Black, Sr. Assistant City Attorney
200 Texas Street
Fort Worth, Texas 76102
City of Haslet
Attn: Gary Hulsey, Mayor
101 Main Street
Haslet, Texas 76052
With copy to:
Brown & Hofineister, LLP
Attn: Jeremy Page
740 East Campbell Road, Suite 800
Richardson, Texas 75081
Telephone: (214) 747-6100
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 first. This Agreement may be renewed annually as necessary.
O. Non-Discrimination, Neither Fort Worth nor Haslet, nor any of their officers,
members, agents, employees, program participants, or subcontractors, while engaged in
performing this contract, 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 Haslet 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.
P. Applicable Laws. If any action, whether real or asserted, at law or in equity, arises
on the basis of any provision of this Agreement, venue for such action shall lie in state courts
located in Tarrant County, Texas.
Interlocal-CFW-Haslet Keller-Haslet Road Extension Page 4 of 7
ACCORDINGLY, the parties acting under authority of their respective governing bodies
have caused this AGREEMENT to be duly executed,to be effective upon the date subscribed by
the last party to make this AGREEMENT fully executed.
CITY OF FORT WORTH CITY OF HASLET
By: Wi Ilia m Johnson(Oct 8,202218:35CDT) By:
William Johnson,Assistant City Manager Gary F Isey, ayotof tHas/�
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Approved as to Form and Legality: Approve as to Fo and Legality:
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Douglas W.Black Jeremy P�ge
Sr.Assistant City Attorney City Att ey
M&C No. 22-0841
Date 10/11/2022
RECOMMENDED FOR APPROVAL:
By:
Lauren Prieur,P.E.,Interim Director
Transportation and Public Works
i
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.
Name:Martin A Phillips OFFICIAL RECORD
Title:Interim Assistant Director
CITY SECRETARY
FT. WORTH, TX
Interlocal-CFW-Haslet Keller-Haslet Road Extension Fage J o
EXHIBIT A
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10/12/22,8:37 AM M&C Review
Official site of the Cr',,of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTW ORT111
Create New From This M&C
DATE: 10/11/2022 REFERENCE **M&C 22- LOG NAME: 20KELLER HASLET ROAD
NO.: 0841 ILA
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (CD 7)Authorize Execution of an Interlocal Agreement with the City of Haslet for
Construction of the Keller-Haslet Road Extension to Blue Mound Road Project in an
Amount Not to Exceed $800,000.00, Adopt Appropriation Ordinance and Amend the
Fiscal Years 2023-2027 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Interlocal Agreement with the City of Haslet for construction of the
Keller-Haslet Road Extension to Blue Mound Road project (City Project No. 104391), in an
amount up to $800,000.00;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the 2007 CritCapProj - CO2013A Fund in the amount of $800,000.00 from available funds
for the Keller-Haslet Road Extension project (City Project No. 104391); and
3. Amend the Fiscal Years 2023 - 2027 Capital Improvement Program.
DISCUSSION:
Keller-Haslet Road is listed in the City of Fort Worth Master Thoroughfare Plan (MTP) as a
Neighborhood Connector and the MTP calls for the extension of Keller Haslet road to connect to Blue
Mound Road. Most of the proposed roadway is within the City of Fort Worth City Limits. However,
the proposed connection to Blue Mound Road (FM 156) is within the City of Haslet City Limits due to
a proposed curve in the roadway to provide better alignment of this intersection with existing
development on the east side. This project benefits the City of Haslet by providing an alternative
route for traffic to avoid congestion in Old Town Haslet from North Fort Worth and the Burlington
Northern Santa Fe (BNSF)facility to the northwest. This project benefits the City of Fort Worth by
providing a direct connection to Blue Mound Road (FM 156) to our citizens and business
developments on the north side. The City of Haslet submitted this project to Tarrant County for
consideration in the Tarrant County 2021 Transportation Bond Program and the Tarrant County
selected this project to receive funding.
The City of Haslet proposes to provide the design, including a signal warrant study at Blue Mound
Road (FM156), and to provide all materials necessary for this construction. Haslet is negotiating an
agreement with Tarrant County to perform the construction of Keller-Haslet Road and a southbound
turn lane on Blue Mound Road (FM 156) as required by the Texas Department of Transportation
(TxDOT). Haslet also has negotiated an agreement with TxDOT to install traffic signals at the Keller-
Haslet Road and Blue Mound Road (FM 156) intersection should they be warranted. The City of Fort
Worth contribution would be in the form of supportive funding to the City of Haslet. Once the project is
completed, the City of Haslet has agreed to perform a joint a boundary adjustment with the City of Fort
Worth resulting in the entire roadway being within the City of Fort Worth.
The breakdown of responsibilities associated with the proposed Interlocal Agreement are as follows:
Fort Worth shall be responsible for:
1. Contributing up to $800,000.00 to the City of Haslet upon execution of this proposed
Interlocal Agreement (ILA) prior to construction, to be used to support design and
construction costs;
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2. Consider a boundary adjustment with City of Haslet for the new Keller Haslet Road extension
right-of-way after project completion.
Haslet shall be responsible for:
1. Serve as grantee and grant manager for Tarrant County transportation bond funds;
2. Advancing design and construction documents until project costs can be reimbursed by
Tarrant County;
3. Design of the project;
4. Coordination with Tarrant County and TxDOT for construction of the project;
a. Preparation of project contract documents,
b. Inspection of project construction,
c. All cost overruns should they occur,
d. Providing monthly updates to City of Fort Worth on project status until completion,
e. Consider boundary adjustment with the City of Fort Worth for the new Keller Haslet Road
extension right-of-way after project completion,
f. Complete the project by June 30, 2023.
The table below summarizes funding for this project:
Fund Existing Funding Additional Funding Project Total
34012 - 2007 CritCapProj - $ - $800,000.00 $800,000.00
CO2013A
Project Total $ - $800,000.00 $800,000.00
Funding for this project was not included in the Fiscal Years 2023 - 2027 Capital Improvement
Program (CIP) because negations on this ILA were completed after the development of the CIP plan.
Funding is available for appropriation in the Unspecified-All Funds project for the purpose of funding
the Keller Haslet Road Extension project..
This project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified-All Funds within
the 2007 CritCapProj - CO2013A Fund and upon approval of the above recommendations and
adoption of the attached appropriation ordinance, funds will be available in the 2007 CritCapProj -
0O2013A Fund for the Keller Haslet Road Extension project. Prior to an expenditure being incurred,
the Transportation & Public Works Department has the responsibility of verifying the availability of
funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I ID Year (Chartfield 2
Submitted for City Manager's Office by_ William Johnson (7801)
Originating Department Head: Lauren Prieur(6035)
Additional Information Contact: Monty Hall (8662)
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