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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 C�7 � � [�I,1�:� Xd�7:��'. 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 B v�1�4.._?J�\� i� Approved as to Forcn and Legality: � -. ��—� � CITY OF FORT WORTH gy; �—\���� � Jesica McEacl�ern Assistant City Manager Date: 02/26/2026 ATTEST: � � �� � Jannette S. Goodall City Secretary M&C No. 26-0074 Date 1-27-2026 City Attorney ��`��,F KENN ��' i � O .....,,.F �ii ���V��y' 0,9��` : r •- T � = n .�r _ . ; _ = —+ ; � v� : �� 'Q� :�'9q'• : ��c''`; ���/i�T COUN�� ��°'* C�7 �� Cy 1,1 �:� X�%]:��7 Cy � i'�'� Xy:� � ��1:�'1 FT. WORTH, TX Roadway Use and Improvemenks on Dick Price Road Improvements 4o�vvop .� F�RT��d p OF�°° �� �L d v �'° � ��9dd v�o _ �•�o Ov� �=d pPp'� °�o �° �`d aa�� nEXA5o4p RECOMMENDED FOR APPROVAL: �°�....�..:.�„_ BV� Lauren Prieur(Feb 15, 202610:42:31 CST) Lauren Prieur, Director Transportation and Public Works Department Approved as to Form and Legality: ��� 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 �xl��bit A� D��k ��i�� R��d � Int�rl���� A�f�em��t b��w+fe�� �ity c�� ���T �'��RTH- hC�nn�dal� �n� �ity �� ���t V��rt� C� #8 �'� _ _ _' . ' �. t� �r .�� la� . ��.'��� 4 - . f ky' • w . . �� . . . _ -- - - - � �ro,�ect Exter�ts t � ' .. � ariweway Apran r�� � � �I �I ' �9 �' �iT1�f01+�fE1�37[ �� FOREST� HLLl FREE�I AN D� '. I#�' �$�4 41� �+. ���� �� O�If}CI� �1S#Ti�:LS � ' � - ��1f1� ki�ET.�L'� ,� '— � Fxtra-��rrixaria] J�risd�ian ��TJj � Adja�er�# �i#ies Ri�+ers kCENF�fE��l F .� _� _ � �� ' � � . r.'i``�: . ,. ,,- .. •� .� ...� ` k". � � k '� � �. � --, �� e , . r . � _ AVERE�TE �2C� 1+"'�.••-�� _ �� . 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Tfi� aGaurG f ,�t .i4� i.'• b� .'8rf"�vL'32C� aL ��Fd F��L eroe�ce7 ur : , . a .. . ,. _ses s; �}� a �z�.'.,��7�r�ss:��a.� �o.i'�56Y42}+Gf �° G:}'.'fi F01i�i�}r:l"�aSS.11?It�.i� rti��3,t'.�k�."r��� � rfieaccW�cJ cFsa � �a?a 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 � Ado6e 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.