Loading...
HomeMy WebLinkAboutContract 61261CSC No. 61261 INTERLOCAL AGREEMENT BETWEEN HALTOM CITY AND CITY OF FORT WORTH FOR INTERSECTION IMPROVEMENTS AT NORTH BEACH STREET AND WESTERN CENTER BOULEVARD THIS INTERLOCAL Agreement ("Agreement") is for intersection improvements at North Beach Street and Western Center Boulevard 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 its duly authorized Assistant City Manager, and the City of Haltom City, a home rule municipality in the State of Texas ("Haltom City"), acting by and through 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 North Beach Street and Western Center ("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, the intersection spans the city limits of each city and for consistency, the Parties desire to — rebuild the eastbound signal, add a separate right -turn -lane for westbound, ADA ramps, sidewalk, refresh/modify pavement marking in Haltom City, and rebuild the westbound signal, refresh/modify pavement marking, ADA ramps in the Fort Worth; 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, IN CONSIDERATION of the promises and agreements recited above and contained herein below, the parties do hereby agree as follows: II. TERMS AND CONDITIONS OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. 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 the concept stage, 30%, 60%, and 90% intervals. Major project components within Haltom City limits include a new sidewalk, ADA ramps, concrete curb, gutter, traffic signal improvements at the southeast corner, a separate right turn lane for the westbound, pavement markings, and signage. All facilities (ADA ramps, signage, etc.), within Haltom City's city limits shall conform to Haltom City's standards. Fort Worth shall provide Haltom City with final as -built construction plan documents upon completion of the Project. C. Proiect Obliaations. Fort Worth shall pay for the Project's engineering design, environmental, right-of-way (ROW) acquisition, easement acquisition, and construction costs, including all necessary utility adjustments to install the facilities properly. Other than Haltom City staffs review of the plans and specifications, Haltom City shall not be responsible for any of the Project's costs. 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 easements for the Project, if needed; and 5. Acquiring Right -of -Way, if required. 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 Immunitv 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 Riahts. 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: Iskal Shrestha, P.E., PMP, CCM Sr. 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 City Attn: Rex L. Phelps 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. 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: HALTOM CITY e' Rex Phelps, City Manager Date:AWW DO )IL4 ATTEST: A- 4w,4 Art Camacho City Secretary APPR VAL RE OM ENDED • ByAGr Xe "0CV1 e rVan Ni wenhuize Director, Public Works Department BY: CITY OF FORT WORTH C)P� Jesica McEachern, Assistant City Manager Date: Apr 11, 2024 ATTEST: Jannette Goodall City Secretary �,d4vontln , FART as d�•o °° o o c ~� °°s�-��o PV% 8=d O�Q� nEXAsaa4 APPROVAL RECOMMENDED: By. Lauren Prieur (Apr 9, 2074 1 R 1 A MT1 Lauren Prieur Director, Transportation and Public Works APPROVED AS TO FORM AND LEGALITY �SEL I By.Douglas Black(4 IC-02CDTI Douglas W Black �"'•••••••'''•• Sr. Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. Iskal Shrestha, RE, PMP, CCM Sr. Professional Engineer EXHIBIT A Proiect Scope The Project's scope includes traffic signals rebuilt for eastbound and westbound Western Center Boulevard, adding a separate right turn lane for westbound traffic, pedestrian improvements to comply with ADA regulations, dual left turn lanes on both legs of Western Center Blvd, pavement marking, and signage on all legs of the intersection. This Project intends to create a cost-effective solution to improve efficiency while increasing visibility, safety, and traffic flow. 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 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. City of Fort Worth Utilities 2. City of Fort Worth Environmental Assessment and Mitigation 3. City of Fort Worth Architectural and Engineering Services 4. City of Fort Worth Review Engineering Plans and Specifications (PS&E) Review concept design, 30%,60%, 90% and Final PS&E Right of Way, Easement, and Real Property Construction Responsibilities/Project Completion 5. Haltom City 6. City of Fort Worth 7. Texas Department of Transportation 6 nvr 1 Aur PROJECT 9 LOCATION �r I a halff FORTWO6,i ?61lVJ FORE WORTH. T IK ll $TIO '■■ (wi)wrl• ir■+�s inWvuWva,Wu nu EXHIBIT B CITY OF _ �' CITY OF FORT WORTH t FORT WORTHol y 3 ` .. II 't III r—' v : ..■ v 3.1 pr I� r NOW ar- _ 70 _ t t CITY OF CITY OF ER FORT WORTH HALTOM CITY )r 1 • - N ;• '� •jaiR N • .. TRANSPORTATION & PUBLIC WORKS FORT WORTH CAPITAL DELIVERY DEVISION WESTERN CENTER BLVD. at NORTH BEACH STREET CITY PROJ NO. 104038 Co HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) PROJECT COUNCIL DISTRICT 36W 4 FORT WORTH Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: INTERLOCAL AGREEMENT BETWEEN HALTOM CITY AND CITY OF FORT WORTH FOR INTERSECTION IMPROVEMENTS AT N. BEACH STREET AND WESTERN CENTER BLVD. M&C: N/A Date: 03/21/2024 To: Name 1. Iskal Shrestha 2. Alex Ripley 3. Chad Allen 4. Lissette Acevedo 5. Patrica Wadsack 6. Lauren Prieur CPN: 104038 CSO: DOC#: 1 Date Out Mar 30, 2024 Apr 1, 2024 Apr 1, 2024 Apr 5, 2024 Apr 9, 2024 Apr 9, 2024 7. Doug Black Legal - signature De DB Apr 11, 2024 8. Jesica McEachern CMO — signature ,a` Apr 11, 2024 9. Jannette Goodall CSO - signature ,,76 Apr 12, 2024 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. Department Initials TPW - signatures TPW- review AR TPW - review TPW - review CA TPW - review p� TPW - signature ?� NEEDS TO BE NOTARIZED: []YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Return To: TPWContracts(a,FortWorthTexas.2ov at ext. 7254 for pick up when completed.