HomeMy WebLinkAboutContract 37503CITY SECRETAR I
CONTRACT NO. �15Q
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND
THE TARRANT REGIONAL WATER DISTRICT FOR
CONSTRUCTION ON THE TRINITY TRAIL SYSTEM
S� This INERLOCAL AGREEMENT ("Agreement") is made and entered into this
02 day of VS4' , 2008, by and between the TARRANT REGIONAL WATER.
DISTRICT, a poli ' al subdivision of the State of Texas, (hereinafter referred to as the "TRWD")
and the CITY OF FORT WORTH, a home -rule municipal corporation, located in Tarrant,
Denton, Parker, and Wise Counties (hereinafter referred to as the "City"):
RECITALS
WHEREAS, this Agreement is made under the authority granted by and pursuant to
Chapter 791 of the Texas Government Code; and
WHEREAS, each governing body, in performing government functions or in paying for
the performance of governmental functions hereunder, shall make that performance or those
payments from current revenues legally available to that parry; and
WHEREAS, each governing body finds that performance of this Agreement is in the
common interest of both parties, that the undertaking will benefit the public and that the division
of costs fairly compensates the performing party for the services or functions under this
Agreement; and
WHEREAS, each governing body 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; and
WHEREAS, on March 1, 2005, the Fort Worth City Council approved M&C C-20550
authorizing execution of an interlocal agreement with the Tarrant Regional Water District for the
Construction of Trinity Park Loop Trail; and
WHEREAS, the performance of this Agreement will provide for more versatile use of a
portion of the Trinity Trail System, which will be in the common interest of both parties and will
benefit the general public.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
City, acting by and through its duly authorized Assistant City Manager, and TRWD, acting by
and through its duly authorized General Manager, do hereby covenant and agree as follows:
AGREEMENT
1. Scope of Services. TRWD shall provide the construction and installation of three (3)
bridges for the Trinity Looped Trail System. The material used to construct the bridges
and the size of the bridges shall be mutually agreed upon by the parties prior to
construction.
Go ensation. City shall pay TRWD an amount not to exceed $30,000.00 toward
OFFICIAL REC ruction costs for bridges for the Trinity Looped Trail System. The City shall pay the
CITY SECRETARY
FT WORTH, TX
TRWD within thirty (30) days of receipt of the final accounting. Pursuant to 791.011 of
the Interlocal Cooperation Act, each party paying for performance of governmental
functions or services must make those payments from current revenues available to the
paying party.
3. City's Obli atg ions.
A. The City shall provide payment toward materials and installation costs associated
with the construction of the trail bridges at locations mutually agreed upon by the
parties.
B. The City shall notify TRWD within thirty days of the completion and delivery of
the trail bridges of any complaint the City has with the bridges.
C. On completion of the project, the City shall maintain the trail bridges to ensure
good repair and condition.
4. Notice of Claims. TRWD and CITY agree to notify the other promptly on receipt of any
claim or lawsuit brought in connection with any injury, death or damages related to this
Agreement. TRWD and CITY agree to make their respective officers, agents, servants,
and employees available at all reasonable times or any statements and case preparation
necessary for the defense of any claims or litigation for which the other party may be
responsible hereunder.
5. Liability of Claims. Nothing in the performance of this Agreement shall impose any
liability for claims against the TRWD other than claims for which liability may be
imposed by the Texas Tort Claims Act. Nothing in the performance of this Agreement
shall impose any liability for claims against the City other than claims for which liability
may be imposed by the Texas Tort Claims Act.
6. Effect on Third Parties. Nothing herein shall be deemed to constitute a waiver by either
party of any affirmative defense or immunity from liability or suit that either party "awl
could assert as to any claim of any third party.
Nothing herein shall be construed in any manner, to create a cause of action for the
benefit of any person not a party to this Agreement, or to create any rights for the benefit
of any person not a party to this Agreement not otherwise existing at law.
7. Insurance. TRWD agrees to require its contractors to furnish the CITY with certificates
of insurance, acceptable to the CITY, as proof that they secured and paid for a policy of
commercial liability insurance covering all public risks related to work performed under
this Agreement.
8. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other
party by hand -delivery or via U.S. Postal Service certified mail, postage prepaid, to the
address of the other party shown below.
OFFICL41. RECORD
CITY SECRET,gRY
FT. WORTH, TX
If to City: If to TRWD:
Charles W. Daniels
Assistant City Manager
1000 Throckmorton
Fort Worth, Texas 76102
With copies to:
John Dial
Superintendent
Parks and Community Services
4200 S. Freeway, Suite 2200
Fort Worth, Texas 76115
Denis McElroy
Assistant City Attorney
1000 Throckmorton Street
Fort Worth, Texas 76102
Jim Oliver
TRWD General Manager
800 East Northside Drive
Fort Worth, Texas 76102
Ken Brummett
Staff Attorney
800 East Northside Drive
Fort Worth, Texas 76102
9. Nondiscrimination. Neither the City and TRWD, nor any of its officers, members,
agents, employees, program participants, or subcontractors, while engaged in performing
this contract, 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.
The City and TRWD, 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 TRWD permit its
agents, employees, subcontractors or program participants to engage in such
discrimination.
10. Independent Contractor. TRWD shall operate hereunder as an independent contractor
and not as an officer, agent, servant or employee of the CITY. TRWD shall have
exclusive control of and the exclusive right to control the work designated to the TRWD
to be performed hereunder, and all persons performing the same, and shall be solely
responsible for the acts and omissions of its officers, members, agents, servants, and
employees. Neither CITY nor .TRWD shall be responsible under the Doctrine of
Respondeat Superior for the acts or omissions of officers, members, agents, servants, or
employees of the other. Nothing herein shall be construed as creating a partnership
or joint enterprise between CITY and TRWD.
11. Force Majeure. If performing any other covenant or term is delayed by reason of war,
civil commotion, act of God, governmental restrictions, regulations, or interference, fire
or other casualty, or any other circumstances beyond the City or TRWD's control or that
of the party obligated or permitted under this Agreement to do or perform the term or
covenant, regardless of whether the circumstance is similar to any of those enumerated or
not, each party so delayed is excused from performance during the delay period.
OFFIDIAL RECORD
CITY SECRETARY
FT. WORTH, TX
12. Severability. If any of the Provisions contained in this Agreement shall be held, for any
reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability, shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained herein and shall in no way affect any other covenant, condition
or provision herein contained.
13. Applicable Laws. This contract 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, arises on the
basis of any provision 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,
14. Funding Out Clause. If for any reason, at any time during any term of this Agreement, the
Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its
obligations under this Agreement or withdraws previously appropriated funds so that the
City is no longer able to fulfill its obligations under this Agreement, the City may terminate
this Agreement effective thirty (30) days following delivery of written notice of City's
intent to terminate. However, the City shall remain liable for any expense the TRWD
incurs prior to the notice of termination.
15. Waiver of Default. No waiver by the parties hereto of any default or breach or the failure
to insist upon the performance of any term, condition, provision, or covenant of this
Agreement shall be deemed to be a waiver or relinquishment to any extent of any other
breach of the same or any other term, condition, provision, or covenant contained herein
or the right of the parties to assert or rely upon any such term.
16. Entire Agreement. This written instrument constitutes the sole and entire agreement of
the parties concerning the work and services to be performed and any prior or
contemporaneous oral or written agreement that purports to vary from the terms hereof
shall be void.
17. Headings. Headings and titles used in this Agreement are for reference purposes only
and shall not be deemed a part of this Agreement.
SIGNED AND EXECUTED this � 5}
day of A 1�.5�' , 2008.
kJ
TARRANT REGIONAL WATER DISTRICT CITY OF FORT WORTH, TEXAS
Jim Oliver
TRWD General Manager
0��1�6AL �t�GORD
CITY SECRETARY
FT WORTH, TX
Assistant City Manager
From the desk of
John Dial
Parks and Community Services Department
ROUTING AND
TRANSMITTAL SLIP
DATE IN
INITIALS
DATE OUT
TO
1, Denis McElroy
a7lo
2. Charles W. Daniels
AUG 2 7 RL
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8 ZB/b8
3. Marty Hendrix
City Secretary
❑ As Requested
❑ For Your Information
x Signature and Recording
❑ Comment
❑ File
Attached is one original copy of an Interlocal Agreement between The City of Fort
Worth and The Tarrant Regional Water District for Construction on the Trinity Trail
System for your review and signature.
Please send a copy to John Dial in the PACSD and a copy to Denis McElroy in Legal
upon completion.
Thank you
Staff Attorney -Tarrant Regional Water District
A1=�ICIAL RECORD
CITY SECRETARY
Denis. McE
Assistant City
M&C C-20550
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rvizu-�y ncuurix
City Secretary
C- CIOrm
Contract Autnorizat ox
to
FT. WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, March 01, 2005
LOG NAME: 80LOOP TRAIL
REFERENCE NO.: �`�C-20550
SUBJECT:
Authorize Execution of Interlocal Agreement with the Tarrant Regional Water District for the
Construction of Trinity Park Loop Trail and Adoption of Associated Appropriation Ordinances
RECOMMENDATION:
It is recommended that the City Council authorize:
1. The City Manager to enter into an Interlocal Agreement with the Tarrant Regional Water District, not to
exceed $30,000.00, for the construction of the Trinity Park Looped Trail ;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$10,000.00 in the Special Trust Fund;
3. Approve the transfer of $10,000.00 from the Special Trust Fund to Park Improvements Fund; and
4. Adopt the attached appropriation ordinance increasing by $10,000.00 estimated receipts in the
Parks Improvements Fund.
DISCUSSION:
The Tarrant Regional Water District (TRWD) in cooperation with Streams and Valleys, Inc. and the Parks
and Community Services Department (PACSD) is proposing the construction of a looped trail through
Trinity Park (see attached). The proposed three (3) mile crushed limestone trail bisects the existing Mayfest
area to the east, parallels University Drive to the west, travels a short distance along the park road and has
a northern portion that extends to the Duck Pond before looping back to connect to the Mayfest segment. It
is anticipated to be very popular among casual users looking for a defined distance for recreational walking,
running and biking, similar to the looped trail in Memorial Park in Houston.
Besides providing recreational uses, the trail will also provide an additional high traffic route through the
Mayfest area that is expected to appeal to vendors. Currently, the majority of vendors line the park drive
causing congestion during the event. This portion of the looped trail will provide additional opportunities for
vendor set up and could result in an increase in vendor participation leading to greater revenue for the
event. The new trail can also serve as a bypass during the annual Mayfest event allowing regular users of
the trail to navigate around the Mayfest area. Currently, the trail is closed during the Mayfest event including
set-up and take down. Having to close this portion of the trail for this month long period has not been
popular with the regular users of the trail.
PACSD has committed $30,000 ($20,000 from the 2004 Capital Improvement Program for the Trinity River
Vision and $10,000 from the PACSD proceeds from Mayfest) to partially fund the construction of the looped
trail. Construction consists of leveling and grading the chat and installation of several bridges along the
portion of trail adjacent to University Drive. Streams and Valleys, Inc. has committed $75,000 to the project
and the TRWD will be providing in -kind labor and materials from their general operating budget in the
Logname: 80LOOP TRAIL Page 1 of 2
amount of $26,367.
A public meeting was held on October 28, 2004 at the Botanic Garden and was attended by several trail
user groups. The consensus of the group was in support of the project. The Parks and Community
Services Advisory Board, at their November 16, 2004 meeting, approved this project unanimously. Annual
maintenance costs for the Loop Trail will be $1,500.00
This project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of th
attached appropriation ordinances, funds will be available,
capital budget, as appropriated.
TO Fund/Account/Centers
FE72 488100 080502110030 $10,000.00
FE72 538070 080502110030 $10,000.00
C280
472072
801580017280
$10,000.00
C280
541600
801580017280
$10,000.00
e above recommendations and adoption of the
as appropriated, in the Park Improvements Fund
FROM Fund/Account/Centers
C280 541600 8015800017280 $30,000.00
FE72 538070 080502110030 $10,000.00
Submitted for City Manager's Office b� Libby Watson (6183)
Originating Department Head: Randle Harwood (Acting) (5704)
Additional Information Contact: Harold Pitchford (Acting) (5728)
Logname: 80LOOP TRAIL Page 2 of 2