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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: Bye 4Lt1? Cr gory a Nieuwe uize Director, Public Works Department q vongq 'oF°Rr°a O% ATTEST: " aann nezp54�' By: Jannette S. Goodall City Secretary Kc d AT 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.