HomeMy WebLinkAboutContract 50713 CITY SECRETARY
coNTRACT No. Sb
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF GRAND PRAIRIE, TEXAS
AND THE CITY OF FORT WORTH, TEXAS
THIS AGREEMENT is by and between the CITY OF GRAND PRAIRIE, a Texas home-
rule municipality with its principle office at 400 College, Grand Prairie, Dallas County, Texas
75051 (GRAND PRAIRIE), and the CITY OF FORT WORTH, a Texas home-rule municipality,
with its principal office at 200 Texas Street, Fort Worth, Tarrant County, Texas 76102 (FORT
WORTH).
WITNESSETH:
WHEREAS, the Texas Legislature has authorized the execution of Interlocal
Cooperation Agreements between and among governmental entities pursuant to the Interlocal
Cooperation Act, Chapter 791 of the Texas Government Code, as amended; and
WHEREAS, each governing body, in performing governmental functions or in funding
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 that the division
of costs fairly compensates the performing party for the services or functions under this
Agreement; and
WHEREAS GRAND PRAIRIE and FORT WORTH share a common border ("Common
Border"); and
WHEREAS, GRAND PRAIRIE and FORT WORTH have each been developing a network
of trails to serve residents and visitors to their respective communities, the Mike Lewis Trail in
Grand Prairie and the CentrePort Trail in Fort Worth as depicted on Exhibit A, incorporated
herein for all purposes; and
WHEREAS, in order to facilitate connectivity, GRAND PRAIRIE and FORT WORTH
desire to connect their respective trails at a point along the Common Border; and
WHEREAS, FORT WORTH has entered into an Advanced Funding Agreement with the
Texas Department of Transportation to share design and construction costs for a regional trail
connection between River Legacy Trail in the City of Arlington and the Mike Lewis Trail via the
CentrePort Trail
WHEREAS, to promote a seamless connection of the trails, GRAND PRAIRIE desires to
participate in FORT WORTH's efforts to prepare preliminary design for the segment of the Mike
j Lewis Trail that creates the connection to the CentrePort Trail; and
O"ICIAL RECORD
P�99�
MY SECRETARY
WORTH,
FT. WRTH,TA
`;., City of Fort Worth-City of Grand Prairie ILA Mike Lewis Trail Extension Pa e 1 of 5
WHEREAS, the cost of such design is proposed to be $180,000 which is to be shared
equally by the cities; and
WHEREAS, GRAND PRAIRIE has plans to complete design and construction of the Mike
Lewis Trail extension to the Common Border after completion of the design study and upon
approval of funding by City Council;
NOW THEREFORE, in consideration of the above recitals, and the premises and
agreements, covenants and promises herein set forth, it is agreed as follows:
Section 1. OBLIGATIONS OF GRAND PRAIRIE
A. GRAND PRAIRIE will compensate FORT WORTH the amount of $90,000 (up-
front payment) for the preliminary design and technical specifications to
approximately 60% completion for the Mike Lewis Trail from the Common Border
point between the cities to its connection with existing trail as shown on Exhibit
A, incorporated herein for all purposes, which preliminary design will be provided
to GRAND PRAIRIE for its exclusive use;
B. GRAND PRAIRIE shall have all rights to consult directly with FORT WORTH's
design engineer as the engineer prepares the preliminary design for the Mike
Lewis Trail connection and GRAND PRAIRIE may conduct a final review of the
Mike Lewis Trail preliminary design for conformance with GRAND PRAIRIE's
design standards;
C. GRAND PRAIRIE will be responsible for procuring a design engineer to perform
any additional design for constructability of the Mike Lewis Trail connection;
D. GRAND PRAIRIE will be responsible for easement acquisition and construction
of the extension of the Mike Lewis Trail to its connection with the CentrePort Trail
at the Common Border;
Section 2. OBLIGATIONS OF FORT WORTH
A. FORT WORTH will ensure that its design engineer designs the segment of the
Mike Lewis Trail to at least 60% as contemplated above and that the Mike Lewis
Trail preliminary design documents are severable from the CentrePort Trail
design documents;
B. FORT WORTH shall refund to GRAND PRAIRIE any amount of the contribution
for the preliminary work not billed;
C. FORT WORTH may conduct a final review of the design for the connection of the
CentrePort Trail and the Mike Lewis Trail for formatting and eventual construction
compatibility.
City of Fort Worth-City of Grand Prairie ILA Mike Lewis Trail Extension Page 2 of 5
Section 3. TERMS OF AGREEMENT
A. TERM This AGREEMENT shall be effective upon full execution hereof, as
indicated by the dates subscribed by the signatories, and shall continue in force
and effect until the preliminary design documents for the Mike Lewis Trail are
provided to GRAND PRAIRIE;
B. Each party shall be responsible for any additions to scope and/or cost overages
for its respective trail segment design.
C. NOTICES. All notices or communications provided for herein shall be delivered
to GRAND PRAIRIE and FORT WORTH or, if mailed, shall be sent to GRAND
PRAIRIE and FORT WORTH at their respective addresses. For the purposes of
notice, the addresses of the parties, until changed by written notice, shall be as
follows:
CITY OF GRAND PRAIRIE,
400 College
Grand Prairie, Texas 75051
Attention: Tim Shinogle
Park Planning and Development Mgr
Tel: 972.237.8104
Email: tshinogl@gptx.org
FORT WORTH:
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Attention: Naoto Kumazawa
(Landscape Architect, Park and Recreation Department
Tel: 817-392-5742
Email: Naoto.Kumazawa@fortworthtexas.gov
C. IMMUNITY. It is expressly understood and agreed that, in the execution of this
AGREEMENT, no 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.
D. SEVERABILITY. If any of the terms, sections, subsections, sentences, clauses,
phrases, provisions, covenants or conditions of this AGREEMENT are for any reason held to be
invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences,
clauses, phrases, provisions, covenants, or conditions in this AGREEMENT shall remain in full
force and effect and shall in no way be affected, impaired or invalidated.
City of Fort Worth-City of Grand Prairie ILA Mike Lewis Trail Extension Page 3 of 5
E. GOVERNING LAW. The validity of the AGREEMENT and of any of its terms or
provisions, as well as the rights and duties hereunder, shall be governed by the laws of the
State of Texas.
F. PLACE OF PERFORMANCE. All amounts due under this AGREEMENT shall
be paid in Tarrant County, Texas, said Tarrant County, Texas, being the place of performance
as agreed to by the parties to this AGREEMENT. In the event that any legal proceeding is
brought to enforce this AGREEMENT or any provision hereof, the same shall be brought in
Tarrant County, Texas.
G. ENTIRE AGREEMENT. This AGREEMENT contains all the terms,
commitments and covenants of the parties pursuant to this AGREEMENT. Any verbal or written
commitment not contained in this AGREEMENT or expressly referred to in this AGREEMENT
and incorporated by reference shall have no force or effect.
H. CURRENT REVENUES. The parties hereto shall make payments called for
hereunder only from current revenues legally available to each party.
REMAINDER OF THIS PAGE INTENTIONALLY BLANK
SIGNATURE PAGE AND EXHIBITS TO FOLLOW
City of Fort Worth-City of Grand Prairie ILA Mike Lewis Trail Extension Page 4 of 5
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 original, effective as of the date subscribed by the party whose
signature makes this document fully executed.
CITY OF FORT/WORTH CITY OF GRAND PRAIRIE
By: By-
Fel-mindo CoSto�% Tom Cox
Assistant City Manager Deputy City Manager
Date: 4L2641 Date: _ 03'01) Zo►$
ATTE T: ATTE T:
By:
ary . Kayser O y athy DiMaggio
City Secretary �.; �J1 City Secretary :.r—. y=
(CITY'S SEAL) U * (CITY'S SEAL)
Recom n Recommended by:
iEXnRNiw►
PS
Rich rd Zavala, Dire arks and Recreation Rick Herold, Director Parks and 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. �^
Name: Naoto KumazaYva
Title: Landscape Architect
APPROVED AS TO FORM and Legality APPROVED AS TO FORM and Legality
Douglas W Black Megan' Ma6jn
Sr. Assistant City Attorney City Attorney, GRAND PRAIRIE
k/o w4c k6f�'f toTX
ORD
ARY
City of Fort Worth-City of Grand Prairie ILA Mike Lewis Trail Extension a of 5
NO M C aVH ._
�' SiT 3 L
L
C
m a a y
X Y
ly O Q RIE
O I
'- = Roy Orr BlvdL-�
.}r m
�~ ROY O R ���aaau]S1t3,�blltWtl
W Trinity Dallas Co.
•00 juenel
L Trinity
O W
a
CU
_ .O
L
U a m
V +r L ULL 1S3MH Lnos
O O 1V3 Is
• LL
j
m
• z
O • �
r
U- •
• e
• F- z O
Cfl
� p M
W
� N
O ~�
Z
VW
�� m
n
w
o �, �a� /Ny
U C N I..L
S i O C Ul
L �� C Q
U o rn w W
` 2 CLdnd O
Lu
r_
5 ca U,^
Mm E
m a m
O m
o o a d
N
O 3 3 °'
e '6 U
/1\ •• 0 0 10 r
Y/ • w LL C7 o N
�/ •f .0 c c c ? 40) O
if iri _ m ami Q 3 c
p LL LL LL Q ip X�X C N •X 7 N
J c c c NO I.LJ LL d w LL d C
m o 0 0
Y U U U N N d N N N y w
47 N N
7F4to to tn_ 0 0 �i lA 55 �i i0 J •c
Y N (6 f0 j 4L C C C N N O
H N 0 0 0 0 0 0 a' IX U