HomeMy WebLinkAbout065881 - Construction-Related - Contract - City of Haltom CityCSC No. 65881
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
HALTOM CITY AND THE CITY OF FORT WORTH FOR INSTALLING A
SANITARY SEWER MAIN IN MIDWAY ROAD
This Interlocal Agreement ("Agreement") for installing a sanitary sewer main in
Midway Road in Haltom City 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; including those in the area of public health, sanitation, and
utility services; 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, Fort Worth has determined the need to install a sanitary sewer main
in accordance with the Little Fossil (M-292) Emergency Sewer Replacement construction
plans prepared by Freese and Nichols, Inc. which traverses through a portion of Haltom
City, with a segment of the sanitary sewer main being located within the right of way of
Midway Road within Haltom City ("Project") in order to preserve and protect the public
health, safety, and welfare; and
WHEREAS, this Interlocal Agreement supplements, but does not replace, any
term or condition, and is specifically not intended to limit either Party's rights or
responsibilities under that certain Agreement for Wastewater Service effective May 17,
2018, between the Parties; and
WHEREAS, Haltom City agrees to allow Fort Worth to use a portion of the right of
way for Midway Road for the purpose of installing the sanitary sewer main for the Project
provided such installation and use of the right of way is performed in a manner that does
not interfere with Haltom City's rights and uses within such right of way; and
WHEREAS, each Party, in performing governmental functions or in funding the
performance of governmental functions pursuant to this Agreement, shall make that
performance or those payments from current revenues legally available to that Party; and
WHEREAS, each Party finds that the performance of this Agreement is in the
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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:
TERMS AND CONDITIONS
A. Project. Fort Worth shall pay all design and construction costs associated with the
Project, including but not limited to engineering design, environmental, easement
acquisition, construction costs, all necessary utility adjustments, and related street
repairs to properly install the sewer main. Other than Haltom City staffs review of
the plans and specifications for the Project, Haltom City shall not be responsible
for any of the Project's costs. The costs of the Project are "System Costs" as that
term is defined and implemented in the Agreement for Wastewater Services
between the City of Fort Worth and Haltom City (Fort Worth CSC #50638).
B. Design of the Project. Fort Worth will prepare the Project engineering design and
Fort Worth shall be solely responsible for the Project engineering design. The
design plans shall be submitted to Haltom City for review prior to the
commencement of construction. Fort Worth shall assume all responsibility for the
adequacy and accuracy of the design, plans and specifications. Haltom City's
approval of the plans and specifications for the purpose of authorizing construction
to proceed shall not relieve Fort Worth of responsibility for design, construction and
maintenance of the sanitary sewer improvements as set out in this Agreement.
C. Procurement, Pre -construction. Fort Worth shall be responsible for:
Preparation of Project contract documents;
2. Acquiring all government approvals for the Project (including any permits
such as TxDOT permits and a Floodplain Development Permit);
3. Completing utility coordination for the Project;
4. Acquiring easements for the Project, if needed; and
5. Acquiring Right -of -Way, if required.
D. Compliance. Authorization to occupy the Midway Road right of way is contingent
upon Fort Worth's compliance with Haltom City's Right of Way Management
Ordinance, as well as all applicable requirements of Haltom City Public Works
staff.
E. Grant of License. This Agreement constitutes the granting of a license by Haltom
City to Fort Worth 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 A, which is attached hereto and incorporated into this
Agreement. It is understood and agreed that this license is granted to the extent of
Haltom City's ownership interest in the Midway Road right of way and no rights
beyond the legal interest that Haltom City has are being granted to Fort Worth.
F. Maintenance Obligations. Fort Worth shall be responsible for proper maintenance,
replacement or repair of the sewer main. Fort Worth shall further be responsible
for all damages caused by the existence or operation of the sewer main and shall
be responsible for all repairs to the street or Haltom City utilities, or other work
necessitated by the construction, installation, repair, replacement or operation of
the sewer main.
G. 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.
H. No Waiver of Immunity 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.
No Third -Party Beneficiaries. It is understood by the Parties that this Agreement is
entered into for the mutual convenience 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.
J. 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.
K. 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 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.
L. 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.
M. Amendment. This Agreement may only be amended, altered, or revoked by written
instrument duly authorized and signed by the Parties to such amendment.
N. 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. If
notice is deposited in the mail pursuant to (ii) 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:
City of Fort Worth
Water Department
Attn: Christopher Harder, P.E.
Director
100 Fort Worth Trail
Fort Worth, Texas 76102
With copy to:
Douglas W. Black
Sr. Assistant City Attorney
200 Texas St
Fort Worth, Texas 76012
City of Haltom City
Attn: Rex L. Phelps
City Manager
4801 Haltom Road
Haltom City, TX 76117
With copy to:
Gregory Van Nieuwenhuize
Director of Public Works
4200 Hollis Street
Haltom City, Texas 76111
Any notice sent to Fort Worth by the above methods will be confirmed by email
sent to: Christopher.Harder@fortworthtexas.gov. Any notice sent to Haltom City
by the above methods will be confirmed by email sent to:
rphelps(a)-haltomcitytx.com and avann(c�haltomcit ty x.com.
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.
O. 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.
P. 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.
Q. 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 whose
signing makes this document fully executed, below.
BY: BY:
CITY OF HALTOM CITY
CITY OF FORT WORT
Rex Phelps, City Manager Jesica McEachern, Assistant City Manager
Date: f 1G 'ZG Date: c, ,
AT ST:
Imelda Rodrigu
City Secretary
APPRQVAL RE OMMENDED:
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Cr gory a Nieuwe uize
Director, Public Works Department
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By:
Jannette S. Goodall
City Secretary
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ATTEST:
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
By: (Q
Chris Harder, P.E.
Director, Water Department
APP VED AS TO ORM
By:
Douglas W Black
Sr. Assistant City Attorney
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.
Walter Norwood, P.E,
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
Project Scope
The Project's scope includes building and installing a new sanitary sewer main from north
of Belknap Street (US 377) to and along Midway Road.
This Project intends to provide Fort Worth with a new location, further from Little Fossil
Creek, for their sanitary sewer main.
FORT WORTH®
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: City of Haltom City
Subject of the Agreement: Interlocal Agreement with Haltom City allowing sewer construction
within Midway Road.
M&C Approved by the Council? * Yes ❑ No II
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 0
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes 0 No ❑
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: 9/14/26
If different from the approval date.
Expiration Date: N/A
If applicable.
Is a 1295 Form required? * Yes ❑ No 21
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable. N/A
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 0 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.