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HomeMy WebLinkAboutContract 29983 CITY SECRETARY 8 CONTRACT NO . INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT is made and entered into this the _ � day of 2004, by and between the CITY OF FORT WORTH, a home rule municipal 6brporation of the State of Texas, located within Tarrant, Denton and Wise Counties, Texas (hereinafter referred to as the "CITY") and the TA.RRANT REGIONAL WATER DISTRICT, a conservation and reclamation district operated by and functioning under Chapter 25, Acts of the 391h Legislature of the State of Texas, Regular Session, 1925, as amended, pursuant to Article XVI, Section 59 of the Texas Constitution (hereinafter referred to as "DISTRICT"). WHEREAS, on April 20, 2004, (M&C C— 20036), the Fort Worth City Council authorized the City Manager to execute an interlocal agreement with the DISTRICT to provide additional funding, not to exceed $ 75,000, for the purchase of materials necessary for the repair of the Cross Timber bridge levee at the Fort Worth Nature Center; and WHEREAS, this Agreement between the CITY and the DISTRICT is made under the authority granted to the CITY and the DISTRICT by and pursuant to the Texas Government Code, Chapter 791, known as the INTERLOCAL COOPERATION ACT; 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 performance of this Agreement is in the common interest of both parties, that the undertaking will benefit the public; and NOW THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: 1. TRWD agrees to construct Cross Timber Bridge levee as designed and approved by the City. 2. CITY agrees to provide funding for the purchase of material up to but not to exceed $ 75,000 to the TRWD towards construction of the Nature Center Cross Timber Bridge Levee repair. 3. Nothing in the performance of this Agreement shall impose any liability for claims against the CITY other than claims for liability that may be imposed by the Texas Torts Claims Act. v 4. Nothing in the performance of this Agreement shall impose any liability for claims against the DISTRICT other than claims for liability that may be imposed by the Texas Tort Claims Act. 5. By entering into this Agreement, the parties do not intend to create any obligations expressed or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 6. The governing bodies of the CITY and the DISTRICT have duly authorized this Agreement. CITY OF FORT WORTH TARRANT REGIONAL WATER DISTRICT 1000 Throckmorton Street PO Box 4508 Fort Worth, Texas 76102 Fort Worth, Texas 76164-0508 By: By: _ / Assistan City Manager General Manager ATTEST: _C - � C3 � Contract Authorizatiom AS rlvia Glover rate Acting City Secretary APPROVED AS TO FORM AND LEGALITY: David ett, City Attorney Assist City Attorney City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/20/2004 DATE: Tuesday, April 20, 2004 LOG NAME: 80LEVEE REFERENCE NO.: **C-20036 SUBJECT: Authorization to Enter Into an Interlocal Agreement with the Tarrant Regional Water District to Replace the Cross Timbers Bridge Levee at the Nature Center RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with the Tarrant Regional Water District (TRWD) to replace the Cross Timbers bridge levee structure located at the Nature Center. DISCUSSION: The 1998 Capital Improvements Program allocated $100,000 for the replacement of the Cross Timbers bridge levee located at the Nature Center. The bridge was the levee which separated the West Fork of the Trinity River from wetland areas within the Nature Center. This levee serves as access to a large portion of the Nature Center. Due to recurrent storm events over the years, the levee was breached, rendering the levee bridge impassable and eliminated access to this area of the Nature Center. In February 2002 (City Secretary No. 27437), the Parks and Community Services Department (PALS) entered into agreement with Alan Plummer Associates, Inc. in the amount of $17,672 to analyze levee degradation, provide recommendation of specific levee breach repair and develop design concepts for the levee renovation with structural reinforcement. Final design concepts and cost estimates were received in June 2002. Upon review, PACSD determined that the allocated funding was insufficient to cover the projected reconstruction budget of $134,640. PACS subsequently placed the project on hold due to lack of project funding. In the Fall of 2003, PACSD held discussions with the TRWD regarding the opportunity for the City and TRWD to enter into an Interlocal Agreement by which TRWD would generate a specific design and construct levee repair and ancillary structural reinforcement which would again open access to the Nature Center area. This agreement will allow the City of Fort Worth to provide funding up to, but not to exceed $75,000 for the purchase of materials necessary to complete this project. Construction is anticipated to start in June 2004, with completion by August 2004, contingent upon weather conditions. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Parks and Community Services Fund. Lop-name: 80LEVEE Pace 1 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers C181 541200 080181048370 $75,000.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Randle Harwood (Acting) (5704) Additional Information Contact: Mike Ficke (5746) Logname: 80LEVEE Pase 2 of 2