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Home My WebLink AboutContract 51996 RECEIVED C!TY SECRETARY `�� MAR 4 2019 aX)INTRACT NO. CITY OF FORT WORTH INTERLOCAL AGREEMENT CITY SECRETARY This INTERLOCAL COOPERATION AGREEMENT ("Agreement") is entered into by and between the CITY OF FORT WORTH a Texas home rule municipal corporation, acting by and through its duly authorized City Manager, hereinafter referred to as "City" and the Tarrant Regional Water District, a local government entity organized under the laws of the State of Texas, hereinafter referred to as the "District". RECITALS The City and District hereby agree that the following statements are true and correct and constitute the basis upon which the City and District have entered into this Agreement: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; WHEREAS, each party, in performing government functions or in paying for the performance of governmental functions hereunder,shall make the performance that performance or those payments from current revenues legally available to that party; WHEREAS, each p a r t y finds that the subject of this Agreement is necessary for the benefit of the public and that each has the legal authority to perform and to provide the government functions or services which are the subject matter of this Agreement; WHEREAS, each party finds that the performance of this Agreement is in the common interest of both parties and that the division of costs fairly compensates the performing party for the services or functions under this agreement; WHEREAS, each p a r t y agrees to share in the cost or p r o v i s i o n o f services described below; WHEREAS, the Lake Worth Trail project is approximately 5.6 miles of paved trail extending from the Trinity Trail near Anahuac Street in Fort Worth,passing through YMCA Camp Carter land,certain streets and ways within the City of River Oaks, Fort Worth's Marion Sansom Park, along Lake Worth, through Windswept Circle Park and Plover Circle Park and terminating at Arrow S. Park; WHEREAS,the District has jurisdiction over land and watercourses within the trail alignment and desires to assist City with this regional trail extension; WHEREAS, and the District has agreed to (i) design, provide materials and labor, fabricate and deliver two(2)bridges for which the City will install abutments/piers necessary to span various creeks or tributaries to the Trinity River; and WHEREAS,City has engaged a contractor to construct the Lake Worth Trail and City is responsible for all installation of the bridges. NOW, THERFORE, in consideration of the above recitals and the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. The District and the City identified two creeks which must be crossed as per the trail alignment and which CFW-TRWD—LAKE WORTH TRAIL TWO BRIDGES ILA Page 1 of 4 I� FT WOUDC7, Y X F A would be best served by bridges. Attachment"A"identifies the location of the creek crossings. 2. The District will design, fabricate and deliver, and will provide all materials and labor, for two 8-foot wide, approximately 40-foot long,pedestrian bridges to facilitate the creek crossings and trail connectivity. 3. The City, by and through its contractor, will unload and install the bridges. 4. All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing,by certified mail, postage prepaid, or by hand delivery: City: District: Attn: Director Attn: General Manager Park and Recreation Department 800 East Northside Drive 4200 South Freeway, Suite 2200 Fort Worth, Texas 76102 Fort Worth, Texas 76115-1499 Attn: City Attorney City Attorney's Office 200 Texas Street Fort Worth,TX 76102 5. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties and any implication to the contrary is hereby expressly disavowed.It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. 6. This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances,as amended. 7. Each party in paying for performance hereunder shall make any required payments from current revenues available to the paying party. 8. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. This Agreement does not waive District's rights under a legal theory of sovereign or governmental immunity. This Agreement does not waive City's rights under a legal theory of sovereign or governmental immunity CFW-TRWD—LAKE WORTH TRAIL TWO BRIDGES ILA Page 2 of 4 9. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. 10. The provisions and conditions of this Agreement are solely for the benefit of the City and District and are not intended to create any rights, contractual or otherwise, to any other person or entity. 11. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, governmental restrictions, regulations, or interferences, or delays caused by unforeseen construction or site issues, fire or other casualty, court injunction, necessary condemnation proceedings, acts of the other party, its affiliates/related entities and/or their contractors, or any actions or inactions of third parties or other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not("Force Majeure"), the party so obligated or permitted shall be excused from doing or performing the same during such period of Force Majeure, so that the time period applicable to such performance shall be extended for a period of time equal to the period such party was delayed due to the event of Force Majeure. 12. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. 13. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 14. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and District 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. 15. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. IN WITNESS WHEREOF, the parties acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which is deemed to be an CFW-TRWD—LAKE WORTH TRAIL TWO BRIDGES ILA Page 3 of 4 original, effective as of the date subscribed by the party whose signature makes this document fully executed. CITY OF FORT WORTH TARRA A WATER DISTRICT By: �� By: Fernando Costa Jim Oliver Assistant City Manager General Manager Date: 31111-9 -Y, Date: • y} P. ATTEST: By: MaryJ.Kay City Secretary (CITY'S SEAL) Recommended By: Ri and Zavala, Director Park&Recreation 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. P", 4�� Name: Carlos GorUalez Title: Park Planner APPROVED AS TO FORM and Legality a5�_ Douglas W Black Sr. Assistant City Attorney 0,0 rFFIRdWONK CIAL.REC v SECRETARY F CFW-TRWD—LAKE WORTH TRAIL TWO BRIDGES ILA T � y i• � W � { f Cc ' * O - LL 4 , • M1 °r _5 2 i = v 1� s F— O '# Y •Rr LL ' - O * o � F- t w r. LL W NA V-d1 } C _G i m - 2 - - H ir o LL st — A 4 z� k 4 I M-vi _ * a •ars.< - r LU co w ,A-*" # `' it " rAW .{ Y�r • `�+ ` uj Q # In ' ML 14 Q f 5 I f f t W or Cl) dr ui I ,�y