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HomeMy WebLinkAboutContract 50754 CITY SECRETARYe� �� CONTRACT NO. INTERLOCAL AGREEMENT FOR USE, CONSTRUCTION, AND MAINTENANCE OF EMERGENCY ACCESS BRIDGE STATE OF TEXAS ' COUNTY OF TARRANT The parties to this agreement (the "Agreement") are the City of Benbrook, Texas ("Benbrook") and the City of Fort Worth ("Fort Worth). Benbrook is a home rule Texas municipality, acting pursuant to its charter and State law by and through its City Council, and Fort Worth is a home rule Texas municipality. acting pursuant to its charter and State law by and through its City Council. WHEREAS, Chapter 791, Government Code authorizes municipalities in the State of Texas to contract with one another for the providing of various governmental functions and services; and WHEREAS, a section of the Benbrook corporate limits generally located north of Interstate 20 along Bellaire Drive South and frequently called Northeast Benbrook (more accurately shown on exhibit "A") currently experiences below acceptable response times for emergency calls from the Benbrook Fire Department, Benbrook Emergency Medical Services Department and Benbrook Police Department (Benbrook emergency service providers); and WHEREAS, the current roadway network configuration providing access to Northeast Benbrook combined with increased traffic congestion cause below acceptable response times for emergency calls from Benbrook emergency service providers; and WHEREAS. Benbrook wishes to improve response times for emergency calls from Benbrook emergency service providers; and WHEREAS" in order to improve response times for emergency calls from Benbrook emergency service providers, both Benbrook and Fort Worth believe the construction of a one lane, emergency access bridge in Texas Department of Transportation (TXDOT) Right-Of-Way north of Interstate 20 and connecting to Bellaire Drive South (more accurately shown on exhibit "B") will improve response times for emergency calls from Benbrook emergency service providers; and WHEREAS" TXDOT owns the right-of-way area in which the one lane. emergency access bridge will be constructed, and WHEREAS, Benbrook and Fort Worth desire to forever prohibit public access to the one lane, emergency access bridge; and WHEREAS, Fort Worth will obtain an access permit from TXDOT in order for a one °;bane,:emergency access bridge to be constructed; and ,lyG , OFFICIAL RECORD CITYANC A' �W:ABenbrook\Emergency Access Bridge\ Bridge Interlocal-3.28.18 JD clean.docx(JD 3/28/2018)WORTH, WHEREAS, Benbrook will obtain from Fort Worth a license to construct, access, and maintain such a one lane, emergency access bridge in order to improve response times for emergency calls from Benbrook emergency service providers, and WHEREAS, the City Council of Benbrook and the City Council of Fort Worth desire to enter into this agreement establishing the responsibilities for construction, access and maintenance of a one lane, emergency access bridge. WITNESSETH Now, therefore" for and in consideration of the mutual benefits to be derived from this undertaking, the parties hereto agree as follows: 1. Access Permit. Fort Worth agrees to obtain from TXDOT an access permit that will allow the construction, maintenance, and operation of a one lane, emergency access bridge (the "Bridge") in TXDOT Right-Of-Way north of Interstate 20 and connecting to Bellaire Drive South (more accurately shown on exhibit "B"'). Fort Worth will make all reasonable efforts to obtain the access permit. So long as Fort Worth is providing Benbrook with a license to access the Bridge in accordance with the terms of this Agreement, Benbrook agrees that there shall be no requests for any future access in TXDOT Right-of-Way south of Interstate 20. No other terms within this agreement will be binding upon either party until such an access permit is obtained. 2. NCTCOG Bridge Application. Benbrook submitted an application to the North Central Texas Council of Governments ("NCTCOG") on February 21, 2017 requesting funding for a "Clear Fork Bridge Project". for the purpose of obtaining funding to construct bicycle and pedestrian facilities for a bridge in a similar location to the Bridge in this Agreement. Benbrook hereby agrees to withdraw its application to the NCTCOG for the "Clear Fork Bridge Project" upon the execution of this Agreement. 3. Emergency Access Bridge. The construction, access and maintenance of an emergency access bridge in TXDOT Right-Of-Way north of Interstate 20 and connecting to Bellaire Drive South (more accurately shown on exhibit "B") will be governed by the following terms: a. Construction. Fort Worth hereby authorizes Benbrook to construct the Bridge in TXDOT Right-Of-Way north of Interstate 20 and connecting to Bellaire Drive South (more accurately shown on exhibit "B"). The Bridge will be gated at both entrances, have one approximately 15' wide vehicular travel lane. will not be designed to accommodate bicycle or pedestrian traffic, and will not be designed to be expanded or altered. Benbrook will be responsible for the design of the Bridge, and Fort Worth reserves the right to reject the Bridge design if the design does not conform to the terms and conditions of this agreement. Benbrook will be responsible for the entire cost of constructing the Bridge. Once the construction of the Bridge is completed, the Bridge shall be signed at each entrance as "Emergency Access Only" and secured with a gate which shall be kept closed and locked as described in subsection c, below. Page 2 of 7 NA':ABenbrook\Ftnergenc} Access BridgcA Bridge Interlocal-328.18 JD clean.docx(JD 3/28/2018) b. Maintenance. Benbrook will be responsible for all maintenance activities and costs associated with the Bridge while this Agreement is in effect. c. Access. Fort Worth hereby grants Benbrook a license to access the Bridge for the sole use by emergency vehicles. At no time shall Benbrook or Fort Worth allow pedestrian, bicycle, or civilian vehicle traffic access to the Bridge. Access will be controlled through a Knox box system or other secured system which will permit only emergency vehicles to utilize the bridge. d. Fees. Parties recognize that the Bridge is being constructed wholly within the corporate limits of the City of Benbrook. Fort Worth agrees that at no point in the construction or use of the Bridge shall Fort Worth charge Benbrook any permit or other fees for the construction or use of the Bridge, provided however, any fees assessed by TXDOT will be paid by Benbrook. 4. Timetable. Once the access permit is obtained, Benbrook will coordinate with Fort Worth regarding the construction timetable for the Bridge. 5. Repair of Damage. Routine maintenance or structural issues related to the design or construction of the Bridge will be the responsibility of Benbrook. Damage to the Bridge as a result of unauthorized access by pedestrian, bicycle or civilian vehicle traffic will be the responsibility of Benbrook. 6. Revocation of Access License - Benbrook. Fort Worth shall revoke Benbrook"s access license to the Bridge in the event that Benbrook allows repeated pedestrian, bicycle, non- emergency city vehicles or civilian vehicle traffic access to the Bridge, provided Benbrook is allowed a reasonable opportunity to cure said violation. Should Fort Worth become aware of pedestrian, bicycle, or civilian vehicle traffic accessing the Bridge. Fort Worth will notify Benbrook of the unpermitted access and allow Benbrook 10 days to remedy the unpermitted access prior to revoking Benbrook's access license to the Bridge. Upon revocation of access. Fort Worth will maintain full control of the Bridge and may construct permanent barriers to prohibit access to the Bridge. 7. No joint enterprise. No provision of this Agreement shall be construed to create any type of joint ownership of any property, nor shall same be deemed to create a partnership, joint venture or other agreement which would be construed as granting partial control, ownership of or equity in the facilities described herein. It is understood and agreed that the Bridge will be owned and operated by Benbrook. Furthermore, the parties hereto acknowledge and agree that the doctrine of respondeat superior shall not apply between them. 8. Notice. Any notice, communication or request provided or permitted to be given by either party to the other party must be in writing and addressed as follows: If to Benbrook: Page 3 of 7 W:Menbrook\Emergence Access BridgeA Bridge Interlocal-3.28.18 JD clean.docx(JD 3/28/2018) City of Benbrook Attention: City Manager P.O. Box 26569 Benbrook, Texas 76126 If to Fort Worth: City of Fort Worth Attention: Assistant City Manager 200 Texas Street Fort Worth. TX 76102 Copy to: City Attorney's Office 200 Texas Street Fort Worth, TX 76102 or to such other addresses as may be provided for in writing from time to time. 9. No prior agreements. The parties agree that this Agreement supersedes and replaces any other agreements between the parties relating to the subject matter of this Agreement. 10. No waiver of immunity or defenses. This agreement is made pursuant to Chapter 791 of the Texas Government Code. It is expressly understood and agreed that in the execution of this agreement, neither party waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. This section shall be liberally construed to carry out the intent hereof and the parties do hereby invoke said governmental immunity to the maximum extent possible under the law. 11. No third party beneficiaries. It is understood by the parties that this Agreement is entered into for the mutual convenience and purposes of the parties which are parties hereto, and it is the parties' intent that no other parties shall be construed as beneficiaries of this Agreement. 12. 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. 13. Venue. This Agreement shall be construed under the substantive laws of the State of Texas, without reference to its choice of law provisions, and venue for any action arising under state law under this Agreement shall be the District Courts of Tarrant County, Texas. If any action relating to this Agreement is not properly brought in state court, venue shall be the United States District Court for the Northern District of Texas. Page 4 of 7 W-TenbrookTmergency Access BridgeA Bridge Interlocal-3.28.18 JD clean.docx(JD 3/28/2018) 14. Severability. In the event any section, subsection, paragraph, subparagraph, sentence, phrase, or word herein is held invalid, illegal, or unenforceable, 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. 15. Authority. This Agreement was authorized by Resolution of the Fort Worth City Council at its regular meeting on the day of , 2018, authorizing , the City Manager of Fort Worth to execute this Agreement on behalf of the City of Fort Worth, and by the Benbrook City Council at its regular meeting on the 5th day of April, 2018, authorizing Jerry B. Dittrich. the Mayor of Benbrook to execute this Agreement on behalf of the City of Benbrook. 16. Section or other headings. Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 17. Amendment. This Agreement may only be amended, altered, or revoked by written instrument signed by the parties to such amendment. 18. Interpretation. Regardless of the actual drafter of this Agreement, this Agreement shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for nor against any party. 19. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. 20. 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 or 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 for no longer period. and any such party will in good faith exercise its best efforts to remove and overcome such inability. 21. Mutual assistance. The parties hereto agree to take all reasonable measures which are necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out such terms and provisions. 22. Recitals. The recitals to this Agreement are incorporated herein, and are intended to aid in the interpretation of this Agreement. Page 5 of 7 �1':ABenbrook\Fniergenc� Access BridgeA Bridge Interlocal-3.28 18 JD clean.docx OD 3/28/2018) 23. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 6 of 7 W:ABenbrook\Emergence Access BridgeA Bridge Interlocal-3.28.18 JD clean.doex(JD 3/28/2018) EXECUTED this day of_ . 2018. City of Fort Worth By: Assistant City Manager A ST: -1 OF ...... APPROVED AS TO FORM AND LEGALITY: '4S Fort WorthCi Attorney EXECUTED this 5th day of April. 2018. City of Benbrook By: Je B. Dittric , Mayor ATTEST: IC1 Jo na ing, Benbrook Cit Secretary APPROVED AS TO FORM AND LEGALITY: Elizabeth Elam.Venbrook City Attor ey OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Page 7 of 7 "':,Benbrook\Emergenc�Access BridgeA Bridge Interlocal-3 28,18 JD clean.docc(JD 3/28/20181