HomeMy WebLinkAbout065114 - Construction-Related - Contract - City of EvermanCSC No. 65114
INTERLOCAL AGREEMENT
This Interlocal Agreement (the "Agreement") is entered into by and between the City of Fort
Worth, Texas, ("Fort Worth"), acting by and through its duly authorized assistant city manager,
and the City of Everman, Texas, ("Everman") acting by and through its duly authorized city
manager. Fort Worth and Everman may collectively be referred to herein as the "Parties" or
individually as a "Party."
WHEREAS, Everman is requesting Fort Worth's assistance to design, construct, and
install:
various pedestrian, bicycle, and roadway multimodal safety improvements within Fort
Worth and Everman on the following facility limits:
a. Oak Grove Road from Forum Way to Everman Parkway
b. Everman Parkway from Oak Grove Road to Dan Meyer Road
c. Everman Parkway / Shelby Road from Dan Meyer Road to Forest Hill Drive
d. Everman Parkway / Shelby Rd from just west of Dollar General to Forest Hill Dr
e. Dan Meyer Road from Everman Parkway to Townley Drive
f. Townley Drive from Dan Meyer Road to Race Street
g. Race Street from Everman Parkway / Shelby Road from Townley Dr to Noble Dr (all
collectively referred to herein as the "Project"); and
WHEREAS, Fort Worth, in furtherance of delivery of the Project, has partnered with
Tarrant County for funding and with the Texas Department of Transportation ("TXDOT") for
additional funding and oversight of the Project as a whole; and
WHEREAS, pursuant to Chapter 791 of the Texas Government Code, the Texas Interlocal
Cooperation Act, the Parties are authorized and agree to enter into this interlocal cooperation
agreement for design, construction, and installation of the Project; and
WHEREAS, during the performance of the governmental functions and the payment for
the performance of those governmental functions under this Agreement, the Parties will make the
performance and payment from current revenues legally available to that Party; and
WHEREAS, the City Council of Fort Worth and the City Council of Everman each make
the following findings:
1. This Agreement serves the common interests of both Parties;
2. This Agreement will benefit the public;
3. The division of costs set forth in the Agreement fairly compensates both Parties to this
Agreement;
4. The Parties have authorized their representatives to sign this Agreement; and
5. The Parties acknowledge that they are each a "governmental entity" and not a "business
entity" as those terms are defined in Tex. Gov't Code section 2252.908, and therefore,
no disclosure of interested parties pursuant to section 2252.908 is required.
NOW, THEREFORE, in consideration of the above -stated recitals, incorporated herein, and
the obligations recited below, the City of Fort Worth and the City of Everman agree as
follows:
OFFICIAL RECORD
Interlocal Agreement I
CITY SECRETARY Page 1
FT. WORTH, TX
Section 1: RESPONSIBILITIES OF FORT WORTH
1.1 Fort Worth agrees to provide all labor, materials, and equipment necessary for the design,
construction, and installation of all elements of the Project, including actual costs for
materials, including any delivery or freight costs, fuel costs, and costs of traffic control
necessary for safe construction of the Project.
1.2 Fort Worth will commence construction and installation of the Project within ninety (90)
calendar days of receipt of Notice to Proceed from the City of Everman.
1.3 Fort Worth agrees to be responsible for all traffic control necessary to safely construct the
Project, including, but not necessarily limited to, all notices, signage, barricades, portable
message boards, pilot vehicles, and flagmen necessary to control traffic in and around the
construction site.
1.4 Fort Worth agrees to be responsible for and will remove any existing surfaces required for
the Project and make all necessary roadway repairs (including but not limited to provision
of backfill materials) in accordance with Fort Worth's ordinances, rules, and regulations.
1.5 Fort Worth agrees to be responsible for and will adjust all utilities, manholes, and valve
boxes for this Project.
1.6 Fort Worth agrees to be responsible for and will provide any engineering, survey, and
laboratory testing required for the Project.
1.7 Fort Worth will be responsible for and will provide a site for dumping all spoils and waste
materials generated during the construction and/or installation of the Project.
1.8 Fort Worth will provide design, construct and install the Project in accordance with federal,
state, county, and Fort Worth's laws, rules, and regulations and agrees that Everman shall
retain the right to provide input on the design and inspect all materials provided for and
installation thereof for this Project.
Section 2: RESPONSIBILITIES OF EVERMAN
2.1 Everman agrees to provide transportation development credits to Fort Worth, valued at an
amount up to $450,000.00, as follows: 225,000 transportation development credits at
commencement of construction and the remaining transportation development credits at
completion of construction.
2.2 Everman agrees to provide payment for that portion of Everman's local participation
amount up to $263,655.00 as follows: half at commencement of construction and the
remainder at completion of construction of the Project upon final inspection and acceptance
of the Work by City of Fort Worth. Everman agrees to pay any construction cost increases
for project areas within Everman, which are discovered during design, and which shall be
pre -approved in writing by Everman. Everman agrees to bear any construction cost
increases incurred during Fort Worth's delivery of the construction phase. Fort Worth will
provide an accounting of said increases and Everman shall have thirty days to review. Fort
Interlocal Agreement Page 2
Worth and Everman shall strive to mutually resolve any discrepancies with regard to
construction cost overruns.
2.3 Everman will provide Fort Worth with notice to proceed at the appropriate time.
Section 3: TERM AND TERMINATION
3.1 This Agreement may be extended upon mutual consent of the Parties if the Project has not
been completed before December 31St 2028.
3.2 This Agreement shall not be interpreted to inure to the benefit of a third party not a party
to this Agreement. This Agreement may not be interpreted to waive any statutory or
common law defense, immunity, including governmental and sovereign immunity, or any
limited liability, responsibility, or damage of any Party to this Agreement, Party's agent,
Party's employee, otherwise provided by law.
3.3 The relationship between the Parties to this Agreement does not create a partnership or
joint venture between the Parties. This Agreement does not appoint any Party as an agent
of the other Party.
3.4 This Agreement shall become effective when signed by the last Party whose signature
makes the Agreement fully executed.
3.5 Either Party may terminate this Agreement based on a default by the other Party, after
having provided sixty (60) days written notice to the other Party of default and on the
condition that the default remains uncured sixty (60) days thereafter. In the event of
termination by either Party, neither Party shall have any further obligations to the other
Party under this Agreement
3.6 In providing the services required by this Agreement, Fort Worth and Everman must
observe and comply with all applicable federal, state, and local statutes, ordinances, rules
and regulations, including without limitation, workers' compensation laws, minimum and
maximum salary and wage statutes and regulations, and non-discrimination laws and
regulations. Fort Worth and Everman shall be responsible for securing its compliance with
any laws and regulations applicable to its business, including maintaining any necessary
licenses and permits.
3.7 This Agreement may be executed in one or more counterparts and each counterpart will,
for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
3.8 Each Party agrees to be solely liable for the actions, omissions, and negligent acts of its
own employees, agents, and representatives engaged in the provision of services under this
Agreement.
3.9 Everman assumes no responsibility or liability for payments, wages, income, and
employment tax payments, pensions, benefits, or other payments accrued by or owed to
Fort Worth employees who provide services pursuant to this Agreement.
Interlocal Agreement Page 3
3.10 This Agreement shall be construed in accordance with the laws of the State of Texas. If
any action, whether real or asserted, at law or in equity, is brought on the basis of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas
or the United States District Court for the Northern District of Texas, Fort Worth Division.
3.11 Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, or (2) received by the other party by United States
Mail, registered, return receipt requested, addressed as follows:
TO FORT WORTH:
City of Fort Worth
Attn: Assistant City Manager
100 Fort Worth Trail
Fort Worth TX 76102
TO EVERMAN
City of Everman
Attn: City Manager
212 N. Race Street
Everman, TX 76140
Any notices given pursuant to this section shall be confirmed by email and sent to the following
addresses:
IF TO FORT WORTH:
Kelly Porter
City of Fort Worth
100 Fort Worth Trail
Fort Worth, TX 76102
IF TO EVERMAN
Victoria Thomas
Nichols I Jackson LLP
500 North Akard St., Ste. 1800
Dallas, TX 75201
3.12 The Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors and permitted assigns. No party may assign or transfer any of its
rights or obligations under this Agreement without prior written consent of the other
Party.
3.13 This Agreement, including any exhibits attached hereto and any documents incorporated
herein by reference, contains the entire understanding and agreement between the Parties,
their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent
in conflict with any provision of this Agreement.
(signature page follows)
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiples.
Interlocal Agreement Page 4
City of Fort Worth:
By:
Name: Jesica McEachern
Title: Assistant City Manager
Date: 04/28/2026
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By: Lauren Prieur (Apr 23, 2026 10:26:22 CDT)
Name: Lauren Prieur
Title: Director, Transportation and Public Works
Approved as to Form and Legality:
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.
By:'..
Name: Kevin Isu
Title: Sr Professional Engineer
By: Douglas Blank (Apr 24, 2026 08:1804 CDT)
Name: Douglas Black City Secretary
Title: Assistant City Attorney
Contract Authorization:
M&C: 26-0103
2/10/2026
By:
Name: Jannette Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Interlocal Agreement Page 5
City of Everman:
By:
Name: Craig Spencer
Title: City Manager
Date: 04/27/2026
Attest
By:
Name: Mindi Parks
Title: City Secretary
Date: 27/04/2026
Interlocal Agreement Page 6
M&C Review
Page 1 of 3
CITY COUNCIL AGENDA
Create New From This M&C
Official site of the City of Fort Worth, Texas
FORT WORTH
REFERENCE **M&C 26- 20EVERMAN PARKWAY
DATE: 2/10/2026 NO.: 0103 LOG NAME: SAFE STREETS
INTERLOCAL AGREEMENTS
CODE: C TYPE: CONSENT PUBLIC G: NO
HEARIN
SUBJECT: (CD 8) Authorize Execution of an Interlocal Agreement with Tarrant County for
Reimbursements of City Design and Construction Costs in an Amount Up to
$1,000,000.00; Authorize Execution of an Interlocal Agreement with the City of
Everman for the Everman Parkway Safe Streets Project in the Amount of $263,655.00
Plus an Additional Contribution of Transportation Development Credits Equated to
$450,000, subject to State Approval of Reallocation of the Credits; Adopt Appropriation
Ordinances, and Amend the Fiscal Years 2026-2030 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Interlocal Agreement with Tarrant County for reimbursement of
eligible City design and construction costs in an amount up to $1,000,000.00 for the
Everman Parkway Safe Streets project (City Project No. 106479);
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Intergovernmental Contribution Fund in the amount of $1,000,000.00, from future
reimbursements from Tarrant County, for the purpose of funding the Everman Parkway Safe
Streets project (City Project No. 106479);
3. Authorize execution of an Interlocal Agreement with the City of Everman for reimbursement
of City Design and Construction Costs in the Amount up to $263,655.00, plus any
construction cost overruns within the City of Everman for the Everman Safe Streets project
(City Project No. 106479);
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Intergovernmental Contribution Fund in the amount up to $263,655.00, plus any
construction cost overruns within the City of Everman, from future reimbursements from the
City of Everman, for the purpose of funding the Everman Safe Streets project (City Project
No. 106479);
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Capital Project Other Fund in the amount up to 450,000 in the form of
Transportation Development Credits for the purpose of funding the Everman Safe Streets
project (City Project No.106479); and
6. Amend the Fiscal Years 2026-2030 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an
Interlocal Agreement (ILA) with Tarrant County in the amount up to $1,000,000.00 and an interlocal
agreement with the City of Everman in the amount up to $263,655.00 to receive reimbursement
funding from Tarrant County and from the City of Everman for the Everman Parkway Safe Streets
project (City Project No. 106479). Everman Parkway generally is a border between the cities of Fort
Worth and Everman.
The project aims to provide pedestrian and bicycle amenities to connect four Everman ISD schools
located in Fort Worth and Everman and requires complex design elements. Construction will include
http://apps.cfwnet.org/council packet/mc review.asp?ID=34146&councildate=2/10/2026 4/22/2026
M&C Review
Page 2 of 3
pavement, box culverts, shared -use paths, streetlights, and other transportation elements. The project
will install bike lanes and shared -use paths along the routes to the four schools and include
intersection treatments such as enhanced crosswalks.
The schools do not currently have a safe path for students to bike to school. The inconsistent
sidewalks and ditches throughout the corridor make it potentially unsafe for young pedestrians and
bicyclists.
Tarrant County will reimburse the City up to $500,000.00 in design costs and up to $500,000.00 in
construction costs, with soft costs coming from other funding sources. The rest of the project will be
funded through an Advanced Funding Agreement from Texas Department of Transportation. Fort
Worth's only funding obligation thus far will be for soft costs associated with the design and inspection
of the project.
The City of Everman will reimburse the City in the amount of $263,655.00 in construction costs, plus
any construction cost overruns within the City of Everman. The rest of the project will be funded
through an Advanced Funding Agreement from the Texas Department of Transportation. Fort Worth's
only funding obligation thus far will be for $232,500.00 for design and environmental clearance, plus
any construction cost overruns within the City of Fort Worth.
The City of Everman will, in addition, provide transportation development credits to the City of Fort
Worth valued at an amount up to $450,000.00 as follows: 225,000 in transportation development
credits at the commencement of installation and construction, and the remaining transportation
development credits at completion of installation and construction.
Interlocal Agreement with Tarrant County:
Existing Authorized
Fund Funding Funding (M&C) Total
30106 -
Intergovernmental $0.00 $1,000,000.00 $1,000,000.00
Contribution Fund
Interlocal Agreement with the City of Everman:
Existing Authorized
Fund Funding Funding Total
(M&C)
$263,655.00
plus $263,655.00
30106 - construction plus
Intergovernmental $0.00 cost construction
Contribution Fund overruns cost overruns
within the within the City of
City of Everman
Everman
Grants Capital Project
Other Fund
(Transportation 0 450,000 450,000
Development Credits -
TDC)
Funding for this project was not included in the Fiscal Years (FY) 2026-2030 Capital Improvement
Program as the project and funding sources were not known at the time of the development of the
Capital Improvement Program. The action in this M&C will amend the FY2026-2030 Capital
Improvement Program as approved in connection with Ordinance 27979-09-2025.
Funding will be available in the Intergovernmental Contribution Fund and in the Grants Capital Project
Other Fund for the Transportation and Public Works Department for the Everman Safe Streets
project.
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M&C Review Page 3 of 3
This project is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, execution of the
Interlocal Agreement and adoption of the attached appropriation ordinance, funds will be deposited
into the Intergovernmental Contribution Fund and the Grants Capital Project Other Fund for the
Everman Safe Streets Project. The Transportation and Public Works Department will be responsible
for the collection and deposit of funds due to the City. Prior to expenditure being incurred, the
Transportation and Public Works Department has the responsibility to validate the availability of
funds.
Fund I Department Account Project I Program Activity Budget I Reference # Amount
ID ID Year (Chartfield 21
Fund Department Account I Project
ID ID
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Program I Activity Budget Reference # ' Amount
Year (Chartfield 2)
Jesica McEachern (5804)
Lauren Prieur (6035)
Monty Hall (8662)
ATTACHMENTS
EVER Agre City of Everman Interlocal Agreement ILA Everman Safe Streets Program DRAFT
6 FINAL.pdf (CFW Internal)
FID Table Everman Safe Streets ILA.xIsx (CFW Internal)
M&C Map EvermanParkwaySafeStreetsProject CSJ090290334.pdf (Public)
ORD.APP 20EVERMAN PARKWAY SAFE STREETS INTERLOCAL
AGREEMENTS 30106 AO26(R4).docx (Public)
ORD.APP 20EVERMAN PARKWAY SAFE STREETS INTERLOCAL
AGREEMENTS Grant 31003 AO26(R5).docx (Public)
ORD.APP 20EVERMAN SAFE STREETS ILA WITH TARRANT COUNTY 30106 AO26
(R2).docx (Public)
TBP-2021-COFW-Everman Safe Streets -ILA Tarrant County DateUpdated.pdf (CFW Internal)
http://apps.cfwnet.org/council packet/me review.asp?ID=34146&councildate=2/10/2026 4/22/2026
CFW Safe Streets Agreement
Final Audit Report 2026-04-27
Created: 2026-04-27
By: Craig Spencer (cspencer@evermantx.net)
Status: Signed
Transaction ID: CBJCHBCAABAAAW9NFw1_7QoOtgYMJXbnrYT887FI6v1d
"CFW Safe Streets Agreement" History
Document created by Craig Spencer (cspencer@evermantx.net)
2026-04-27 - 4:59:17 PM GMT
LI Document emailed to Mindi Parks (mparks@evermantx.net) for signature
2026-04-27 - 4:59:36 PM GMT
'a! Email viewed by Mindi Parks (mparks@evermantx.net)
2026-04-27 - 10:08:39 PM GMT
Document e -signed by Mindi Parks (mparks@evermantx.net)
Signature Date: 2026-04-27 - 10:10:06 PM GMT - Time Source: server
O Agreement completed.
2026-04-27 - 10:10:06 PM GMT
a Adobe Acrobat Sign
FORT WORTH(.:
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: City of Everman, Texas
Subject of the Agreement
Interlocal Agreement for the design, construct, and installation of various
pedestrian, bicycle, and roadway multimodal safety improvements within Fort Worth and Everman on the
facility limits listed on the first page of the agreement.
M&C Approved by the Council? * Yes 8 No ❑
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes 0 No 8
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes 8 No ❑
If unsure, see back page for 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:
If different from the approval date.
Expiration Date:
If applicable.
Is a 1295 Form required? * Yes ❑ No 8
* If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable. 106479
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 8 No 0
Contracts need to be routed for CSO processing in the following order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.