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HomeMy WebLinkAboutContract 59863CSC No. 59863 INTERLOCAL AGREEMENT BETWEEN HALTOM CITY AND THE CITY OF FORT WORTH FOR INTERSECTION IMPROVEMENTS AT SH183 AND NORTH BEACH STREET THIS INTERLOCAL Agreement for intersection improvements at SH183 and North Beach Street ("Agreement") is entered into by and between the City of Fort Worth, a home rule municipality in the State of Texas ("Fort Worth"), acting by and through William Johnson, its duly authorized Assistant City Manager, and Haltom City, a home rule municipality in the State of Texas ("Haltom City"), acting by and through Rex Phelps, its duly authorized City Manager. Fort Worth and Haltom City may be referred to individually as the "Party", "Responding Party" or "Requesting Party" and collectively as the "Parties" throughout this Agreement. I. RECITALS WHEREAS, the Texas Government Code, Chapter 791, the "Interlocal Cooperation Act," authorizes local government entities to enter into Interlocal contracts for governmental purposes; and WHEREAS, the Interlocal Cooperation Act specifically authorizes Interlocal agreements for streets, roads, drainage, engineering, and other governmental functions in which the parties are mutually interested; and WHEREAS, the governmental entities that are Parties to this Agreement desire to enter into an agreement concerning intersection improvements at the intersection of SH183 and North Beach Street ("Project") in the exercise of their governmental functions for the public health, safety, and welfare, and in the interest of the general public and their respective citizens; and WHEREAS, each Party, in performing governmental functions or in funding the performance of governmental functions, shall make that performance or those payments from current revenues legally available to that Party; and WHEREAS, each Party finds that the performance of this Agreement is in the common interest of both Parties, that the undertaking will benefit the public interest and that the division of costs fairly compensates the performing Party for the services or governmental functions under this Agreement. NOW, THEREFORE, for the mutual promises and consideration set forth herein, the Parties agree as follows: II. TERMS AND CONDITIONS A. Proiect. Fort Worth and Haltom City agree to perform their respective obligations, as described in the recitals hereto, which are incorporated herein, and as stated in more detail herein below, within Fort Worth and Haltom City, as indicated on Exhibit A, which is attached hereto and incorporated into this Agreement. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX B. Desian of the Proiect. The Parties acknowledge and agree that Fort Worth will prepare the Project engineering design and that Fort Worth shall be solely responsible for the Project engineering design. Haltom City shall have review authority of the plans and specifications at 60% and 90% intervals. Major components of the Project within Haltom City limits include new sidewalk and ramps, concrete curb and gutter, and traffic signal improvements at SH183 and North Beach Street, and Fort Worth shall provide Haltom City with final as -built construction plan documents upon final completion of the Project. C. Proiect Obliaations. Fort Worth shall pay for the Project's engineering design, environmental, temporary construction easements, and construction costs, including all necessary utility adjustments so the facilities can be properly installed. D. Procurement. Pre -construction. Fort Worth shall be responsible for: 1. Preparation of Project contract documents; 2_ Acquiring all TxDOT approvals for the Project; 3. Completing utility coordination for the Project; 4. Acquiring temporary construction easements for the Project; and 5. Acquiring any necessary Right -of -Way for the Project. E. Grant of License. Haltom City hereby grants to Fort Worth a license to perform or have performed engineering, preliminary construction activities and construction activities within the city limits of Haltom City within the Project limits described in this Agreement, and as further shown and described on Exhibit B, which is attached hereto and incorporated into this Agreement. F. 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 available to the paying party. G. 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. H. No Third Partv 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. 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. J. Force Maieure. 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 overcome such inability. K. 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. L. Amendment. This Agreement may only be amended, altered, or revoked by written instrument duly authorized and signed by the parties to such amendment. M. 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 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: Citv of Fort Worth Transportation and Public Works Department Attn: Shweta Rao, P.E. Project Manager, 200 Texas St, Fort Worth, Texas 76102 With copy to. - Douglas W. Black Sr. Assistant City Attorney 200 Texas St Fort Worth, Texas 76012 Citv of Haltom Citv Attn: Rex Phelps Assistant City Manager 5024 Broadway Ave, Haltom City, TX 76117 With copy to: Gregory Van Nieuwenhuize Director of Public Works 4200 Hollis Street Haltom City, Texas 76111 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 (10) days written notice to the other party. N. Entire Aareement. 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. O. Effective Date and Term. This Agreement shall become effective immediately upon its execution by both parties and shall be for a term of one (1) year or until completion of the Project, whichever occurs last. P. 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 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. [Signature Page to Follow] ACCORDINGLY, Fort Worth and Haltom City have each caused this instrument to be executed on each city's respective behalf by its duly authorized representative. EXECUTED and EFFECTIVE as of the date last written by the signatory who's signing makes this document fully executed, below. BY: MALTOM C IrY Rex Phelps, City Manager Date:_,T i 1 Q,,).v-13_ ATTEST: , D — ,4*w O Art Camacho City Secretary APPROVAL R By.1&yOM ENDED:I . 71 1 . --- I --- - - - 6— Gr&go* Van Nikwenhuize Director, Public Works Department zat;�az���;ot fr BY: CITY OF FORT WORTH William Johnson O 7S, 702310J6 CDT) William Johnson, Assistant City Manager Date: J u 128, 2023 as 'FORT nod 00 �Y A ATTEST: �° �.nbxc, d°nn¢neX4nsaa Jannette Goodall City Secretary APPROVAL RECOMMENDED: By. (Ju[ 24, 202316:23 CDT) Lauren Prieur Director, Transportation and Public Works APPROVED AS TO FORM AND LEGALITY By: PAW- I Douglas W Black Sr. Assistant City Attorney M&C 23-0377 Date: 5/9/2023 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. s /6Z& Shweta Rao, P.E, PMP Sr. Professional Engineer OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A Proiect Scope The Project's scope includes traffic signal modification, sidewalk & ADA ramps, pavement marking, and signage installation. The major improvements include signal improvements including APS, refresh pavement markings, Flashing Yellow Arrow for all approaches, new raised median, advance signal warning signs for all approaches. Responsible Parties For the Project covered by this Agreement, the parties shall be responsible for the following work as stated in this attachment referenced in the table below. The City of Fort Worth shall be responsible for 100% of the costs related to the Project through final completion of construction, including any cost overruns. If federal or state funding is involved in the Project, the parties shall comply with the terms of the grant or funding agreement, as applicable. Haltom City shall be named as an obligee on all performance and payment bonds related to the Project in compliance with Texas Gov't Code Ch. 2253. 1 1. City of Fort Worth 12. City of Fort Worth 3. City of Fort Worth 4. City of Fort Worth 5. City of Fort Worth 6. Texas Department of Transportation Utilities Environmental Assessment and Mitigation Architectural and Engineering Services Review Engineering Plans and Specifications Right of Way, Easement, and Real Property Construction Responsibilities/Project Completion EXHIBIT B LOCATION MAP AND PROPOSED IMPROVEMENTS N Beach St & NE 28th St (SK183) [� scope: • FfAfm E8L7fWELTIN817e5BLT ^ Cortstnxt raised mer an ror E8 asaroach Mr access morn 6cmerrtwKIN of Ses station ow 9a1 ImFavemmts ^ Pecie^fien,mProwcmentr ntlutlir�,:PS 8entm rnstira mamia6s �y ' Instal! aonrKe alinel rarnin6 signs fira8 4 Li e�roed�cs ML 'p►h p 4 e% :•a 6/14/23, 3:08 PM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 5/9/2023 REFERENCE NO.. CODE: G TYPE Official site of the City of Fort Worth, Texas FoR H **M&C 23- LOG NAME: 2023 STATE HIGHWAY 183 AT 0377 NORTH BEACH STREET ILA CONSENT PUBLIC NO HEARING: SUBJECT. (CD 4 / Future CD 11) Authorize Execution of an Interlocal Agreement with Haltom City for Construction of the Highway Safety Improvement Project at State Highway 183 and North Beach Street RECOMMENDATION: It is recommended that the City Council authorize execution of an Interlocal Agreement with Haltom City for construction of the Highway Safety Improvement project at State Highway 183 and North Beach Street (City Project No. 103642). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to execute an Interlocal Agreement (ILA) between City of Fort Worth and Haltom City for construction of Highway Safety Improvement project at State Highway 183 at North Beach Street (City Project No. 103642). On September 27, 2002 on M&C 22-0768, the City authorized an execution of an Advanced Funding Agreement with Texas Department of Transportation (TXDOT) for the State Highway 183 at North Beach Street Highway Safety Improvement project (City Project No. 103642). The scope of this project includes signal rebuild including signal improvements including Audible Pedestrian System (APS), refresh pavement markings, flashing yellow arrow for all approaches, new raised median, and advance signal warning signs for all approaches signal improvements. The Southwest corner of the intersection is within Haltom City limits. The improvements on this corner include the improvements to traffic signal and sidewalk and Americans with Disabilities Act (ADA) ramps. City of Fort Worth shall pay for the project's engineering design, environmental, temporary construction easements, and construction costs, including all necessary utility adjustments so the facilities can be properly installed. Funding and/or reimbursements will not be collected from Haltom City as a part of this agreement. Construction for this project will be let by TXDOT in June 2023. The State will be responsible for securing the federal and state share of the funding required for the development and construction of the project. The City bears the responsibility to pay for cost overruns. The breakdown of responsibilities associated with the Interlocal Agreement are as follows: Fort Worth shall be responsible for: project engineering design, environmental, temporary construction easements, and construction costs, including all necessary utility adjustments so the facilities can be properly installed. Haltom City shall be responsible for: design review of the project. This project is located in COUNCIL DISTRICT 4/FUTURE COUNCIL DISTRICT 11. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that approval of this recommendation will have no material effect on City funds. apps.cfwnet.org/council_packet/mc_review.asp?ID=31004&councildate=5/9/2023 1 /2 6/14/23, 3:08 PM M&C Review TO Fund Department Account Project Program Activity Budget Reference # I Amount ID I ID I I Year (Chartfield 2) FROM Fund Department Account Project Program ' Activity Budget Reference # Amount ID ID I Year (Chartfield 2) Submitted for City Manaqer's Office bv: William Johnson (5806) Originating Department Head: Lauren Prieur (6035) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 2023-01-19 CPN103642 ILA DRAFT for SH183 at N Beach St.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=31004&counciIdate=5/9/2023 2/2 103642-EPIA-SH183 at N Beach St Interlocal Agreement Final Audit Report 2023-07-26 Created: 2023-07-11 By: Andrea Munoz (Andrea. M unoz@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAA9fJ-8GoJuDHyVkZ_pzlsUf5vxLvQmuC6 "103642-EPIA-SH183 at N Beach St Interlocal Agreement" Histo ry Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2023-07-11 - 8:22:48 PM GMT- IP address: 204.10.90.100 Document emailed to michelle.mccullough@fortworthtexas.gov for filling 2023-07-11 - 8:31:19 PM GMT Document emailed to Shweta.Rao@fortworthtexas.gov for signature 2023-07-11 - 8:31:19 PM GMT Email viewed by Shweta.Rao@fortworthtexas.gov 2023-07-11 - 8:50:07 PM GMT- IP address: 35.150.42.133 Signer Shweta.Rao@fortworthtexas.gov entered name at signing as Shweta Rao 2023-07-11 - 8:50:44 PM GMT- IP address: 35.150.42.133 Document e-signed by Shweta Rao (Shweta.Rao@fortworthtexas.gov) Signature Date: 2023-07-11 - 8:50:46 PM GMT - Time Source: server- IP address: 35.150.42.133 Email viewed by michelle.mccullough@fortworthtexas.gov 2023-07-11 - 9:13:40 PM GMT- IP address: 204.10.90.100 o Signer michelle.mccullough@fortworthtexas.gov entered name at signing as Michelle McCullough 2023-07-11 - 9:13:57 PM GMT- IP address: 204.10.90.100 Form filled by Michelle McCullough (michelle.mccullough@fortworthtexas.gov) Form filling Date: 2023-07-11 - 9:13:59 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Chad.Allen@fortworthtexas.gov for filling 2023-07-11 - 9:14:01 PM GMT FORTW❑RTHg I Paw m"Y Adobe Acrobat Sign - Signer Chad.Allen@fortworthtexas.gov entered name at signing as Chad Allen 2023-07-21 - 6:08:01 PM GMT- IP address: 204.10.90.100 Form filled by Chad Allen (Chad.Allen@fortworthtexas.gov) Form filling Date: 2023-07-21 - 6:08:03 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Lissette.Acevedo@fortworthtexas.gov for filling 2023-07-21 - 6:08:04 PM GMT Email viewed by Lissette.Acevedo@fortworthtexas.gov 2023-07-22 - 1:55:54 AM GMT- IP address: 204.10.90.100 Signer Lissette.Acevedo@fortworthtexas.gov entered name at signing as Lissette Acevedo, P.E 2023-07-22 - 1:56:08 AM GMT- IP address: 204.10.90.100 6© Form filled by Lissette Acevedo, P.E (Lissette.Acevedo@fortworthtexas.gov) Form filling Date: 2023-07-22 - 1:56:10 AM GMT - Time Source: server- IP address: 204.10.90.100 12y Document emailed to patricia.wadsack@fortworthtexas.gov for filling 2023-07-22 - 1:56:12 AM GMT Email viewed by patricia.wadsack@fortworthtexas.gov 2023-07-24 - 9:08:18 PM GMT- IP address: 204.10.90.100 4 Signer patricia.wadsack@fortworthtexas.gov entered name at signing as Patricia L. Wadsack 2023-07-24 - 9:13:56 PM GMT- IP address: 204.10.90.100 GS© Form filled by Patricia L. Wadsack (patricia.wadsack@fortworthtexas.gov) Form filling Date: 2023-07-24 - 9:13:58 PM GMT - Time Source: server- IP address: 204.10.90.100 P+ Document emailed to Lauren.Prieur@fortworthtexas.gov for signature 2023-07-24 - 9:14:00 PM GMT Email viewed by Lauren.Prieur@fortworthtexas.gov 2023-07-24 - 9:22:51 PM GMT- IP address: 108.209.194.42 6© Signer Lauren.Prieur@fortworthtexas.gov entered name at signing as Lauren Prieur 2023-07-24 - 9:23:16 PM GMT- IP address: 108.209.194.42 40- Document e-signed by Lauren Prieur (Lauren.Prieur@fortworthtexas.gov) Signature Date: 2023-07-24 - 9:23:18 PM GMT - Time Source: server- IP address: 108.209.194.42 ' Document emailed to Priscilla.Ramirez@fortworthtexas.gov for approval 2023-07-24 - 9:23:20 PM GMT Email viewed by Priscilla.Ramirez@fortworthtexas.gov 2023-07-25 - 12:39:30 PM GMT- IP address: 204.10.90.100 FORTW❑RTHg I Paweredbv Adobe Acrobat Sign - Signer Priscilla.Ramirez@fortworthtexas.gov entered name at signing as Priscilla Ramirez 2023-07-25 - 2:07:34 PM GMT- IP address: 204.10.90.100 Document approved by Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov) Approval Date: 2023-07-25 - 2:07:36 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Douglas.Black@fortworthtexas.gov for signature 2023-07-25 - 2:07:38 PM GMT Email viewed by Douglas.Black@fortworthtexas.gov 2023-07-26 - 11:02:49 PM GMT- IP address: 204.10.90.100 Document declined by Douglas.Black@fortworthtexas.gov Decline reason: Please insert the M&C number and Date near Legal's signature area. Thx. 2023-07-26 - 11:05:46 PM GMT- IP address: 204.10.90.100 FORTW❑RTHg I Paw m"Y Adobe Acrobat Sign FORTWORTU.. r Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: SH183 at N Beach St Interlocal Agreement M&C: 23-0377 CPN: 103642 CSO: N/A DOC#: 1 Date: 07/11/2023 To: Name Department Initials Date Out 1. Michelle McCullough TPW - initial J u 111, 2023 Mtn 2. Shweta Rao, PM TPW - Signature a#-- J u 111, 2023 3. Chad Allen, PgM TPW -initial � Jul 21, 2023 4. Lissette Acevedo, Sr. CPO TPW -initial C�v J u 121, 2023 5. Patricia Wadsack, AD TPW - initial PL PLW Jul 24, 2023 6. Lauren Prieur, Director TPW - signatures Jul 24, 2023 7. Doug Black Legal - signature ,Wbdwb Jul 27, 2023 8. William Johnson CMO - signature N Jul 28, 2023 9. Jannette Goodall CSO - signature 5�7 J u 131, 2023 10. TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContracts(a,FortWorthTexas.2ov at ext. 7233 or 8363, for pick up when comaleted. Thank you! Updated 12.07.2022, mdhm