HomeMy WebLinkAboutContract 58273-R1CSC No. 58273-R1
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF HASLET AND THE CITY OF FORT WO TH
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 Exhibit "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. Desian 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
OFFICIAL RECORD
CITY SECRETARY
Interlocal - CFW-Haslet Keller -Haslet Road Extension FT. WORTH, TX Page I
by the City 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. Serving 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.
e. Preparation of Project contract documents.
f. Inspection of Project construction.
g. All cost overruns should they occur.
h. Providing monthly email updates to Fort Worth on project status until its
completion.
i. Considering a boundary adjustment with the Fort Worth for new Keller Haslet
Road extension right-of-way after project completion.
j. Completing the project by June 30, 2025.
2. Fort Worth shall be responsible for:
a. Contributing up to $800,000 to the City of Haslet upon execution of this
Interlocal Agreement, prior to construction, to be used to support design and
construction costs.
b. Considering a boundary adjustment with Haslet for the new Keller 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 $3,535,000. The Parties
acknowledge and agree that, as time is of the essence, upon execution of this ILA, Fort Worth
shall provide the sum of $800,000 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
be deemed to waive any immunity or defense or constitute a waiver of governmental immunity
by Fort Worth or Haslet.
Interlocal - CFW-Haslet Keller -Haslet Road Extension Page 2
G. No Third Partv 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 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 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
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
Re: Keller Haslet Road Extension
200 Texas Street
Fort Worth, Texas 76102
With copy to:
Douglas W. Black, Sr. Assistant City Attorney
100 Fort Worth Trail
Fort Worth, Texas 76102
Interlocal - CFW-Haslet Keller -Haslet Road Extension Page 3
Citv of Haslet
Attn: Gary Hulsey, Mayor
101 Main Street
Haslet, Texas 76052
With copy to:
City Attorney
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. Aivlicable 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
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
By: C�4�
Jesica McEachern, Assistant City Manager
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ATTEST:
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Jannette S. Goodall, City Secretary
Approved as to Form and Legality:
Douglas Black (Nov 15, 202411:30 CST)
Douglas W. Black
Sr. Assistant City Attorney
M&C No. 24-0944
Date _10/29/24
RECOMMENDED FOR APPROVAL:
By: Lauren Prieur (Nov 12, 202416:23 CST)
Lauren Prieur, P.E., Director
Transportation and Public Works
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: Bradley Radovich
Title: Project Manager
CITY OF HASLET
By: Gary Hulsey (Nov 12, 20 12:09 CST)
Gary Hulsey, Mayor
ATTEST:
4-4�
Katrina White, Acting City Secretary
Approved as to Form and Legality:
Je�oy R. Pa (Nov , 2> 2412:31 CST)
Jeremy Page
City Attorney -Haslet
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Interlocal - CFW-Haslet Keller -Haslet Road Extension Page 5
EXHIBIT A
Interlocal - CFW-Haslet Keller -Haslet Road Extension Page 6
11/5/24, 4:33 PM M&C Review
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA F(lR H
Create New From This M&C
DATE: 10/29/2024 REFERENCE **M&C 24- LOG NAME: 2024 KELLER HASLET
NO.: 0944 ROAD EXTENSION
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 10) Authorize Execution of an Interlocal Agreement with the City of Haslet for the
Construction of the Keller Haslet Road Extension to Blue Mound Road Project in an
Amount Not to Exceed $800,000.00
RECOMMENDATION:
It is recommended that the City Council 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.
DISCUSSION:
Keller Haslet Road is designated 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 Blue Mound
Road (FM 156). Most of the proposed roadway is within the city limits of Fort Worth. However, the
proposed connection to Blue Mound Road (FM 156) is within the city limits of Haslet due to a
proposed curve in the roadway that will provide better alignment of this intersection with the 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). The City of Haslet submitted this project to Tarrant County for consideration in the
Tarrant County 2021 Transportation Bond Program and Tarrant County selected this project to receive
funding.
The City of Haslet has negotiated 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). The City of Haslet also has coordinated intersection
improvements with TxDOT. TXDOT will not require traffic signals at the Keller Haslet Road and Blue
Mound Road (FM 156) intersection at this time and has agreed to install the signals in the future at its
discretion and at its own cost. The City of Fort Worth's contribution to the Keller Haslet extension
project would be in the form of supportive funding to the City of Haslet. Once the project is completed,
apps.cfwnet.org/cou nci I_packet/mc_review.asp? ID=32650&cou ncildate=10/29/2024 1 /3
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M&C Review
the City of Haslet has agreed to perform a joint boundary adjustment to dedicate the entire roadway to
the City of Fort Worth.
Council approved an Interlocal Agreement (ILA) and the appropriation of $800,000.00 for this
project on October 11, 2022 (M&C 22-0841/Ordinance No. 25797-10-2022). During a review period
and negotiations with TXDOT, that ILA has expired by its terms. Until recently, Haslet was unable to
start construction of the project due to delays in Right -of -Way acquisition. These issues are now
resolved and the project is anticipated to start early in December.
The breakdown of responsibilities associated with the proposed ILA 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 ILA
before construction, to be used to support design and construction costs; and
2. Consider a boundary adjustment with the 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; and
4. Coordination with Tarrant County and TxDOT for construction of the project:????
o Preparation of project contract documents,
o Inspection of project construction,
o All cost overruns, should they occur,
o Providing monthly updates to the City of Fort Worth on project status until completion,
o After project completion, initiate a boundary adjustment request to fully include the new
Keller Haslet Road extension right-of-way within City of Fort Worth limits, and
o Complete project by June 30, 2025.
The table below summarizes the funding for this project:
Fund
34012- 2007 Critical
Capital Project Fund -
0O2013 A
Project Total
Existing Additional Total
Funding Funding
'P:11 M I-
$800,000.00
$0.00 $800,000.00
$0.00 $800,000.00
Funding is budgeted in the 2007 CritCapProj - CO2013A Fund for the Transportation and Public Works
Department for the purpose of funding the Keller Haslet Road project, as appropriated.
A business equity goal is not assigned when purchasing from an approved purchasing cooperative or
public entity.
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11/5/24, 4:33 PM
This project is located in COUNCIL DISTRICT 10.
M&C Review
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the 2007 CritCapProj - CO2013A Fund for the Keller Haslet Road Extension project
to support the approval of the above recommendation and execution of the agreement. Prior to any
expenditure being incurred, the Transportation and Public Works Department has the responsibility to
validate the availability of funds.
TO
Fund I Department Account Project
ID ID
FROM
Fund I Department Account Project
ID ID
Submitted for Citv Manaqer's Office by_
Originating Department Head:
Additional Information Contact:
Program IActivity IBudget Reference # Amount
Year (Chartfield 2)
Program Activity Budget Reference # Amount
Year (Chartfield 2)
Jesica McEachern (5804)
Lauren Prieur (6035)
Monty Hall (8662)
ATTACHMENTS
2024 KELLER HASLET ROAD EXTENSION.docx (CFW Internal)
M&C FID Attachment 104391.xlsx (CFW Internal)
M&C Man KellerHasletRoad Extension ILA (1).odf (Public)
apps.cfwnet.org/counciI_packet/mc_review.asp?ID=32650&councildate=10/29/2024 3/3
FORT WORTH,
Routing and Transmittal Slip
Transportation & Public Works
Department
DOCUMENT TITLE: Interlocal Agreement- Haslet (Keller Haslet Project)
M&C: 24-0944
Date:
CPN: 104391 CSO: NA DOC#:
To: Name
Department
Initials
Date Out
1. Gary Hulsey (ghulsey@haslet.org)
City of Haslet
GH ,
Nov 12, 2024
2. Katrina White (kwhite@haslet.org)
City of Haslet
KW KW
Nov 12, 2024
3, Jeremy Page Opage@bhlaw.net)
Haslet City Atty
,RR
Nov 12, 2024
4. Bradley Radovich
CCM
BS7
Nov 12, 2024
5. Lauren Prieur
TPW-Director
Nov 12, 2024
6. Doug Black
ACM
DB DB
Nov 15, 2024
7. Jesica McEachern
Legal
,a`
Nov 20, 2024
8. Jannette Goodall
CSO
�6
Nov 20, 2024
9.
10.
11.
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
Updated 03.29.2023 mdhm
Return To: TPWContracts(d)FortWorthTexas.2ov at ext. 7233 or 8363, for pick up when
completed.
Note to Signers
Interlocal Agreement for transfer of $800K to City of Haslet to be used by Haslet in
administration/construction of Keller Haslet roadway extension project. This funding
was approved by Fort Worth Council on Oct 29, M&C 24-0944.
Fort Worth CPN 104391