HomeMy WebLinkAboutContract 45927 CITY SECRETARY
CONTRACT NO..,�-
INTERLOCAL AGREEMENT BETWEEN THE
FORT WORTH INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT
WORTH
This Agreement is entered into by and between the Fort Worth Independent School
District ("Fort Worth ISD") and the City of Fort Worth ("City")both of Tarrant County, State
of Texas, acting herein by and through their duly authorized representatives. Fort Worth ISD
and the City may be referenced to individually as a"Party" or collectively as the"Parties".
L RECITALS
WHEREAS, Chapter 791, Texas Government Code authorizes Interlocal Agreements
between governmental entities to perform services either could undertake individually; and
WHEREAS, each governing body, in performing governmental 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 party; and
WHEREAS, each governing body 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 governmental function or service which is the subject matter of this Agreement;
and
WHEREAS, each governing body finds that the 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, the Fort Worth ISD is the owner of certain real property described as an
approximately 6 acre tract located in the S. Isaac Survey, Abstract Number A-1397 Tarrant
County, Texas and being all of that certain tract of land conveyed to Fort Worth ISD in
Tarrant County, Texas, and being Block C, Ridglea West an addition to the City of Fort
Worth according to the plat recorded in Volume 388-E, Page 63, Plat Records of Tarrant
County, Texas (the"Property"); and
WHEREAS, the City is proceeding to build on and develop the Property according to
the Schematic Plan which is expressly made a part hereof in the attached Exhibit "A",
("Schematic Plan"), as approved or to be approved by the City and the Fort Worth ISD which
provides for the management of storm water within the confines of the Property and includes
an approximately 3.02 acre-feet detention basin and multiuse practice field, any Best
Management Practice ("BMP") structure(s), drainage channel and related storm water
features; and
WHEREAS, the City and the Fort Worth ISD agree that the health, safety and welfare
of the residents of the City of Fort Worth, Texas is best addressed with on-site Storm Water
ILA—CFW-FWISD Re:Luella Merret Property OFFICIAL RECORD Page 1 of 7
CITY SECRETARY
FT.WORTH,TX
RECEIVED SEP 112014
Management Facilities including an approximately 3.02 acre-feet detention basin and
multiuse practice field, drainage channel and related storm water features be constructed and
maintained on a portion of the Property; and
WHEREAS, the City wishes to construct on-site Storm Water Management Facilities
("Facility") as shown on the Schematic Plan which shall be mutually maintained by the Fort
Worth ISD and the City.
NOW, THEREFORE, in consideration of the following terms, conditions, and above
recitations, the parties hereto agree as follows:
II. TERMS AND CONDITIONS
A. The Parties will share the cost and responsibilities associated with the maintenance
of the Facility as set forth herein.
B. Fort Worth ISD.
I. The Fort Worth ISD will provide drainage easements within the Property to
the City at no cost. The drainage easements shall be of sufficient size to
construct and maintain the Facility and shall include the City's standard
terms and conditions for drainage easements.
2. Once the construction work of the Facility is completed and accepted by
the City and accepted by Fort Worth ISD (whose acceptance shall not be
unreasonably withheld), the responsibility and obligation to perform
maintenance of the Facility shall belong to Fort Worth ISD as outlined
below.
3. Required Maintenance shall include but is not limited to, the following
maintenance items for the Facility:
I. Turf(watering, fertilizing, mowing).
2. Sprinkler system (if present).
3. Fencing and security and associated lighting.
4. Practice field appurtenances (goals, bleachers, etc., if present).
5. Removal of litter after sporting events, practices, and other
functions.
6. Removal of debris and trash from the basin floor and outlet
structure during wet weather events.
7. Underdrain system(if present).
ILA—CFW-FWISD Re:Luella Merret Property Page 2 of 7
C. city
1. The City shall administer contracts for the design and construction of the
Facility pursuant to the City's policies and procedures.
2. The City shall pay for all costs associated with the design and construction
of the Facility, with the exception of any cost to acquire any and all
necessary easements.
3. The City shall perform routine maintenance on the following Facility
components:
1. Stormwater outfalls into the Facility.
2. Best Management Practice structure(s) (if present).
3. Basin outlet structure(s).
4. Maintenance of access drive (if present).
4. The City shall periodically remove silt when standing water conditions
occur, or when the detention basin's storage volume is reduced by more
than an estimated ten percent(10%).
5. The City shall provide corrective measures due to slope stabilization and/or
failure of the basin bank. However, the City shall not be responsible for
any corrective measures or the costs for its performance of necessary
corrective measures which result from an act or omission of the Fort Worth
ISD's Required Maintenance described in Section B.3.
6. The City will perform visual inspections of the Facility components (storm
water outfall, BMP structure(s), basin bank, outlet structure) every six (6)
months. A log shall be kept of maintenance actions and inspections.
D. Access/Inspection
The Fort Worth ISD hereby grants permission to the City, its authorized agents
and employees, to enter upon the Property and to inspect the Facility Property
whenever the City deems necessary and to follow-up on reported deficiencies
and/or to respond to citizen complaints. The City shall provide the Fort Worth
ISD copies of the inspection findings.
ILA-CFW-FW ISD Re:Luella Merret Property Page 3 of 7
E. No Habitability
Fort Worth ISD covenants and agrees that no habitable building shall be erected
within the drainage easement but this paragraph shall not preclude construction of
other improvements within the drainage easement, which do not impede drainage
and which has received prior consent from the City. Fort Worth ISD covenants
and agrees that no habitable building shall be erected on the above property
abutting such easement which shall have a finished floor at an elevation less than
two feet above the maximum depth of water in the detention basin or drainage
channel which would occur during a 100 year frequency flood.
F. Effective Date and Term. This Agreement becomes effective when signed by the
last Party whose signing makes the Agreement fully executed and remains in force
until terminated.
G. Amendment. This Agreement may only be amended, altered, or revoked by
written instrument signed by Parties.
H. No Waiver of Immunity or Defenses. Nothing in the performance of this
Agreement shall impose any liability for claims against either Fort Worth ISD or
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 ISD or City.
1. No Third Party Beneficiaries. It is understood by the Parties that this Agreement is
entered into for the mutual convenience and purposes of Fort Worth ISD and City
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. 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.
L. 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
ILA-CFW-FWISD Re:Luella Merret Property Page 4 of 7
contemporaneous understandings or representations, whether oral or written,
respecting the subject matter herein.
M. Recordation. This Agreement shall be recorded among the land records of Tarrant
County, Texas, and shall constitute a covenant running with the land, and shall be
binding on the Fort Worth ISD.
Fort Worth IS City
Fort Worth Independent School District City of Fort Worth
Name: V V Fernando Costa
Assistant City Manager
Title : Superintendent of Schools
Date: 4/16/2014 Date: ,9 /¢
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Approved as to Form and Legality
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Assistant City Attorney
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Ndy J. Kayser
City Secretary
ILA-CFW-FWISD Re:Luella Mem OFFICIAL RECORD ?age Property 5 of 7
CITY SECRETARY
FT.WORTH,TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by
Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day of
20_, personally appeared
, known to me to
be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that the same is the act of and that he
executed the same as its and as the act of such and for
the purposes and consideration expressed in the foregoing instrument.
Notary Public, State of Texas
ILA-CFW-FWISD Re:Luella Merret Property Page 6 of 7
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 711512014
DATE: Tuesday, July 15, 2014 REFERENCE NO.: **C-26844
LOG NAME: 20INTERLOCAL LUELLA MERRETT
SUBJECT:
Authorize Interlocal Agreement with the Fort Worth Independent School District for Maintenance of the
Luella Merrett Stormwater Management Facility (COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement
with the Fort Worth Independent School District for maintenance of the Luella Merrett stormwater
management facility.
DISCUSSION:
The Luella Merrett Drainage Improvement Project includes the design and construction of a stormwater
management facility (Facility) on Fort Worth Independent School District(FWISD) property at Luella
Merrett Elementary School. The Facility's primary use will be as a recreational sports practice field.
However, during periods of heavy rain, the Facility will detain stormwater runoff and prevent downstream
flooding of homes.
The Facility's design and construction is incorporated into the Miscellaneous Storm Drain Improvements
Contract 2013, as authorized under Mayor and Council Communication (M&C C-26760), and procured
under contracts City Secretary No. 45557 and City Secretary No. 45498 at an estimated total cost of
$1,500,000.00. Stormwater Management will provide major maintenance as needed to correct conditions
that significantly degrade the facility's performance for stormwater detention purposes.
Fort Worth Independent School District will provide routine maintenance of the facility at no cost to the
City.
The Interlocal Agreement was approved by the FWISD School Board on April 16, 2014.
This project is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Logname:20INTERLOCAL LUELLA MERRETT Page 1 of 2
Originating_Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Ranjan S. Muttiah (7919)
ATTACHMENTS
1. LuellaMerretM CExhibit.pdf (Public)
Logname: 20INTERLOCAL LUELLA MERRETT Page 2 of 2