HomeMy WebLinkAbout064793 - Construction-Related - Contract - City of KennedaleCSC No. 64793
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF KENNEDALE AND THE CITY OF FORT WORTH
Roadway Use and Improvements on Dick Price Road
STATE OF TEXAS
COUNTY OF TARRANT
This Interlocal Agreement ("Agreement") is entered into by and between the City of
Kennedale, a Texas home rule municipality, acting by and through its City Manager
("Kennedale"), and the City of Fort Worth, a Texas home rule municipality, acting by and through
its duly authorized Assistant City Manager ("Fort Worth"). Kennedale and Fort Worth are also
known collectively as the "Parties".
L RECITALS
WHEREAS, Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act,
autharizes 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, Fort Worth desires to perform roadway improvements to Salt Road
("Project") which is located within the territorial limits of Fort Worth; and
WHEREAS, Salt Road serves the Southeast Landfill for ingress and egress and cannot be
improved without re-routing the egress traffic pattern to use Dick Price Road; and
WHEREAS, Article IV of Kennedale City Code imposes a permit requirement and fee up
to $600/year per vehicle on certain oversize and overweight vehicles driving on Dick Price Road;
and
WHEREAS, Kennedale has agreed to waive the fee during the reconstruction of Salt Road
such that truck traffic may use Dick Price Road as the exit route from the landiill provided that
Fort Worth perform certain tasks and make certain improvements to Dick Price Road; and
WHEREAS, Fort Worth make improvements to the Southeast Landfill's driveway and its
intersection with Dick Price Road, maintain and ultimately reconstruct Dick Price Road from the
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CITY SECRETARY
Roadway Use and Improvements on Dick Price Road Improvements Page 1 of 6
FT. WORTH, TX
transition point between asphalt and concrete south to Averett Road, and remove trash and debris
from Dick Price Road from the landfill's temporary main exit to approximately the railroad
crossing.
NOW THEREFORE, Kennedale and Fort Worth agree as follows:
II. TERMS AND CONDITIONS
A. Project. Fort Worth and Kennedale agree to perform their respective obligations,
as described in the recitals hereto, which are incorporated herein, and as stated in more detail
hereinbelow, as indicated on Exhibit A.
B. Maintenance of Dick Price Road. The Parties acknowledge and agree that Fort
Worth will be responsible for maintenance of Dick Price Road from Shady Lane to the transition
point between the asphalt and concrete during the reconstruction of Salt Road. Trash and debris
shall be collected on a regular schedule by Fort Worth from the Southeast Landfill's eastern gate
to the railroad crossing on Dick Price Road.
C. Reconstruction of Dick Price Road. Fort Worth will procure construction services
and pay for the reconstruction of Dick Price Road after reconstruction of Salt Road is complete.
The full depth reclamation of Dick Price Road, within the limit of the change of pavement to
Averett Road, will consist of at least six (6") inches of hot-mix asphalt cement (4" of Type B and
2" of Type D). The estimated cost for this work is $900,000. Exhibit A details the repaving proj ect.
D. Driveway Improvements. Fort Worth shall install a concrete driveway apron at the
east exit of the Southeast Landfill as detailed on Exhibit A.
E. Waiver of Fees. Kennedale hereby suspends its permit requirement and waives
fees and bonding requirements recited in Section 22-70 and specifically for those certain vehicles
driving on Dick Price Road as described in Section 22-86 of Kennedale City Code.
F. Current Revenue. No debt is created by this Agreement. Kennedale 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.
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 Kennedale, 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 Kennedale.
H. No Third-Partv Beneficiaries. It is understood by the Parties that this Agreement is
entered into for the mutual convenience and purposes of Kennedale 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.
Roadway Use and Improvements on Dick Price Road Improvements Page 2 of 6
L No Creation of Ri�hts. 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. Farce 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 ar
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 far no longer period, and any such party will in good faith
exercise its best efforts to remove and overcome such inability.
K. Severabilitv. 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) ar(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: Mary Hanna, PE
Sr. Capital Projects Officer
100 Fort Worth Trail
Fort Worth, Texas 76102
With copy to:
Douglas W. Black,
Sr. Assistant City Attorney
100 Fort Worth Trai1
Fort Worth, Texas 76102
Roadway Use and Improvements on Dick Price Road Improvements Page 3 of 6
Citv of Kennedale
Attn: Darrell Haul
City Manager
405 Municipal Dr. Kennedale, TX 76060
With copy to:
Carvan E. Adkins
City Attorney
6000 Western Place, Suite 200, Fort Worth, TX 76060
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.
N. Entire A�reement. 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 subj ect
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 year or until completion of the
Project, whichever occurs 1ast.
P. Non-Discrimination. Neither Fort Worth nor Kennedale, nor any of their officers,
members, agents, employees, program participants, ar 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 p1an, or statutory requirement.
Fort Worth and Kennedale 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 Kennedale have each caused this instrument to be
executed on each city's respective behaLf by its duly authorized representative.
Roadway Use and Improvements on Dick Price Road Improvements Page 4 of 6
EXECUTED and EFFECTIVE as of the date last written by tl�e signatory who's si�iing
makes t1�is document fully executed, belo�v.
CITY OF KENNEDALE
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Approved as to Forcn and Legality:
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CITY OF FORT WORTH
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Jesica McEacl�ern
Assistant City Manager
Date: 02/26/2026
ATTEST:
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Jannette S. Goodall
City Secretary
M&C No. 26-0074
Date 1-27-2026
City Attorney
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FT. WORTH, TX
Roadway Use and Improvemenks on Dick Price Road Improvements
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RECOMMENDED FOR APPROVAL:
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BV� Lauren Prieur(Feb 15, 202610:42:31 CST)
Lauren Prieur, Director
Transportation and Public Works
Department
Approved as to Form and Legality:
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Douglas Black (Feb 18, 2026 23:46:41 CST)
Douglas W. Black
Sr. Assistant City Attoi�ney
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the
person responsible for tl�e monitoring and
administration of this contract, including
ensuring all perforinance and reporting
requirements.
M.,,,�v,^..^`
Mary Hanna (F�6 11, 2026 1534�.49 CST)
Mary Hanna, PE
Sr. Capital Projects Officer
Page 5 oF6
City Manager
Date: �- �p i:Z1L
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Roadway Use and Improvements on Dick Price Road Improvements Page 6 of 6
M&C Review
CITY COUNCIL AGENDA
Page 1 of 2
Official site of the City of Fort Worth, Texas
F��RT�'�ORT�I
_�v
Create New From This M&C
DATE: 1 /27/2026 REFERENCE **M&C 26-
NO.: 0074
CODE: C TYPE: CONSENT
LOG NAME: 201NTERLOCAL AGREEMENT
WITH CITY OF KENNEDALE
PUBLIC NO
HEARING:
SUBJECT: (CD 8) Authorize Execution of an Interlocal Agreement with the City of Kennedale for
Roadway Use and Improvements on Dick Price Road
RECOMMENDATION:
It is recommended that the City Council authorize execution of an Interlocal Agreement with the City
of Kennedale for roadway use and improvements on Dick Price Road.
DISCUSSION:
The City of Fort Worth desires to perform roadway improvements to Salt Road, which provides critical
ingress and egress to the Southeast Landfill. These improvements cannot be made without re-routing
landfill egress traffic to Dick Price Road. Article IV of the Kennedale City Code imposes a permit and
bond requirement and fee up to $600/year per vehicle on certain oversize and overweight vehicles
operating on Dick Price Road. City of Kennedale has agreed to enter into an Interlocal Agreement
(ILA) with the City of Fort Worth. Under the terms of the agreement, Kennedale will suspend its
permit requirements and waive all applicable fees and bonding requirements for truck traffic using
Dick Price Road during the repair of Salt Road, allowing trucks to use Dick Price Road as the landfill
exit route. The breakdown of responsibilities associated with the proposed ILA is as follows:
City of Fort Worth will be responsible for the maintenance of Dick Price Road from Shady Lane to
the transition point between the asphalt and concrete during the reconstruction of Salt Road.
Trash and debris shall be collected on a regular schedule by Fort Worth from the Southeast
Landfill's eastern gate to the railroad crossing on Dick Price Road.
City of Fort Worth will procure construction services and pay for the reconstruction of Dick Price
Road in an estimated cost of $900,000.00 from the railroad tracks to Averett Road as a part of the
Fiscal Year 2027 Paygo program.
Most of the proposed roadway improvements of Dick Price Road are within the city limits of Fort
Worth.
This project is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and adoption of
the Fiscal Year 2027 Budget by the City Council, funds will be available in the Fiscal Year 2027
operating budget, as appropriated, in the General Fund. Prior to an expenditure being incurred,
the Transportation and Public Works Department has the responsibility to validate 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 ID Year �(Chartfield 2)
http://apps.cfwnet.org/council packet/mc review.asp?ID=34117&councildate=l/27/2026 1/27/2026
M&C Review
Submitted for Citv Manaaer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
ILA M&C Map.pdf (Public)
ILA- Dick Price Road.docx (CFW Internal)
Kennedale ILA FID table.xlsx (CFw Internal)
Jesica McEachern (5804)
Lauren Prieur (6035)
Monty Hall (8662)
Page 2 of 2
http://apps.cfwnet.org/council packet/mc review.asp?ID=34117&councildate=l/27/2026 1/27/2026
EPIA-Interlocal Agreement with City of
Kennedale
Interim Agreement Report
Created: 2026-02-09
By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov)
Status: Out for Signature
Transaction ID: CBJCHBCAABAAFtmN2W-UeHRUJW51Cgeown6-omTU8Zqd
Agreement History
2026-02-11
Agreement history is the list of the events that have impacted the status of the agreement prior to the final signature. A final audit report will
be generated when the agreement is complete.
"EPIA-Interlocal Agreement with City of Kennedale" History
Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov)
2026-02-09 - 2:21:08 PM GMT- IP address: 204.10.90.100
Document emailed to Seidi Tovar (Seidi.Tovar@fortworthtexas.gov) for filling
2026-02-09 - 2:34:41 PM GMT
Email viewed by Seidi Tovar (Seidi.Tovar@fortworthtexas.gov)
2026-02-10 - 3:02:53 PM GMT- IP address: 104.47.65.254
�%� Form filled by Seidi Tovar (Seidi.Tovar@fortworthtexas.gov)
Form filling Date: 2026-02-10 - 3:05:52 PM GMT - Time Source: server- IP address: 208.184.124.181
` Document emailed to Zelalem Arega (Zelalem.Arega@fortworthtexas.gov) for filling
2026-02-10 - 3:05:54 PM GMT
Email viewed by Zelalem Arega (Zelalem.Arega@fortworthtexas.gov)
2026-02-10 - 6:41:46 PM GMT- IP address: 104.47.65.254
�%� Form filled by Zelalem Arega (Zelalem.Arega@fortworthtexas.gov)
Form filling Date: 2026-02-10 - 8:08:42 PM GMT - Time Source: server- IP address: 208.184.124.181
Document emailed to Mary Hanna (Mary.Hanna@fortworthtexas.gov) for signature
2026-02-10 - 8:08:45 PM GMT
Email viewed by Mary Hanna (Mary.Hanna@fortworthtexas.gov)
2026-02-10 - 8:14:55 PM GMT- IP address: 104.47.65.254
F�RTWaRTHg P°"'�"�bv
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AcrobatSign
F�RT��RTH�
DOCUMENT TITLE:
M&C 26-0074 CPN#
Date:
TO� 1. Seidi Tovar
2. Zelalem Arega
3. Mary Hanna
4. Patricia Wadsack
5. Lauren Prieur
�. Doug Black
'7. Jesica McEachern
8. Katherine Cenicola
9. Jannette Goodall
10. Allison Tidwell
11. TPW Contracts
Routing and Transmittal Slip
Transportation and Public Works
Department
Interlocal A�reement with City of Kennedale
CSO#
Department
TPW- Review s7
ST
TPW- Review �
ZA
TPW- Signer ��,
DOC#
Initials Date Out
02/10/2026
02/10/2026
02/11 /2026
TPW- Approver 7►��1,� �
C' Y V
TPW - Signer ���
I aiiren Prieur
Legal - Signer �
Dnualas Black
ACM - Signer ��
CSCO - Approver �
rr
CSCO - Signer �
i�F.,o�ro r .,.a�u
CSCO—FormFiller�
AT
TPW
02/13/2026
02/15/2026
02/18/2026
02/26/2026
02/26/2026
02/27/2026
02/27/2026
DOCUMENTS FOR CITY MA VAGER'S SIGNTURE: 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, Jay will review
and take the next steps.
NEEDS TO BE NOTARIZED: U Ye�✓ No
RUSH: ❑ Yes❑✓ No SAME DAY: ❑ Yes❑✓ No NEXT DAY: ❑ Yes❑✓ No
ROUTING TO CSO: ❑✓ Yes ❑►vo
Action Re�uired:
❑ As Requested ❑ Attach Signature, Initial and Notary Ta
Signature/Routing and or Recording
❑ Comment
❑ File
Return to: Please call
at ext. for pick up when completed. Thank you.
F�RT` ��RTH�
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: City of Kennedale
Sub�eCt Of tile Agreement: Interlocal Agreement with City of Kennedale for roadway use and
improvements on Dick Price Road
M&C Approved by the Council? * Yes 0 No ❑
If so, the M&C must be attached to the cont�act.
Is this an Amendment to an Existing contract? Yes ❑ No 8
If so, provide the o�iginal contract nuinber and the amendment number.
Is the Contract "Permanent"? *Yes 0 No ❑
If unsure, see back page fo� permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: Expiration Date:
If �different, fi�o�n the approval date. If �applicable.
Is a 1295 Form required? * Yes ❑ No 0
�`If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: Ifapplicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 8 No ❑
Contracts need to be routed for CSO processin� in the followin� order:
L Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the infor�nation is not provided, the contract will be
returned to the departn�ent.