HomeMy WebLinkAboutContract 41639eLTY GCRETARY
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INTERLOCAL AGREEMENT BETWEEN THE
FORT WORTH DEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT
WORT
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".
Ie 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 48.86 acre tract located in the J.B. Martin Survey, Abstract Number 1133,
Tarrant County, Texas and being all of those certain tracts of land conveyed to Fort Worth
ISD in Volume 12985, Page 321, and Volume 14479, Page 483, Deed Records of Tarrant
County, Texas, and being all of Tract A, High School Addition according to the plat recorded
in Volume 388-10, Page 102, Plat Records of Tarrant County, Texas and including a portion
of Shelton Street right-of-way as abandoned by the City of Fort Worth by Ordinance Number
8104, hereinafter called 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 provides
for management of storm water within the confines of the Property and includes a 14.7 acre-
feet detention basin and multiuse practice field, trash and sediment collectors, drainage
channel and related storm water features; and
Page 1 of 6
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
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 require that on -site Storm Water
Management Facilities including a 14.7 acre-feet detention basin and multiuse practice field,
trash and sediment collectors, drainage channel and related storm water features be
constructed and maintained on a portion of the Property; and
WHEREAS, the City requires that on -site Storm Water Management Facilities
("Facility") as shown on the Schematic Plan be constructed and mutually maintained by the
Fort Worth ISD and the City, and
NOW, THEREFORE, in consideration of the following terms and conditions, 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 Eastern Hills storm water management Facility as set forth herein.
B. Fort Worth ISD.
1. The Fort Worth ISD will provide drainage easements 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 complete 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 multiuse practice field/detention basin:
1. Turf (watering, fertilizing, mowing).
2. Sprinkler system.
3. Fencing and security.
4. Practice field appurtenances (goals, bleachers, etc.).
5. Removal of litter after sporting events, practices, and other
functions.
6. Removal of debris and trash from the basin floor and outlet
structure that are not captured by the trash and sediment collectors
during wet weather events.
7. Underdrain system.
Page 2 of 6
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 outfall from Meadowbrook Drive.
2. Detention basin upstream drainage channel.
3. Trash and sediment collectors.
4. Drop structure.
5. Baszn outlet structure.
6. Maintenance access drive.
7. Security lighting.
4. The City shall periodically remove silt when standing water conditions
occur, the detention basin's storage volume is reduced by more than ten
percent (10%), or the sediment trap's collected volume is more than
twenty-five percent (25%) of the designed capacity.
5. The City shall provide corrective measures due to channel erosion, 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 shall provide and maintain security lighting in the right of way as
shown in the Schematic Plan.
7. The City will perform visual inspections of the Facility components (storm
water outfall, drainage channel, trash and sediment collectors, drop
structure, drainage swale, 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.
Page 3 of 6
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 pnor 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.
I. 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 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. Severabilitv. 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
Page 4 of 6
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.
Executed this day of rna
Fort Worth ISD
Fort Worth Indep , dent School District
/72/7
Name: Raymond Dickerson
Title
President,
City
City ofFort Worth
C-11)5
Fernando Costa
Assistant City Manager
Board of Trustees
Approved as to Form and Legality
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APPROVED AS TO LEGAL FORM AND
SUFFICIE Y.
Fort Worth ISD-Ofiice�Of Le
DATE: �J
Page 5 of 6
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Assistant City Attorney
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Marty Hendrix
City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me onMlA'KLYt.ZZ, z b by
Fernando Costa, Assistant Citvr-: ��"'he City of Fort Worth, on behalf of the City of
Fort Worth. -
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STATE OF TEXAS
COUNTY OF TARRANT
VO ADANIELS
cOMM1SStON EXCIaEs
July 10, 2013
1
Notary Public, State of Texas
Before me, the undersigned authority
December
20
Ray Dickerson
on this 16
personally
be the person whose name is subscribed to the fore_oing ' �stz1,}e tan
that the same is the act of RA* WOOKTS0
executed the same as its Prthj€r,(cliwtb and as the act of such
the purposes and consideration expressed in the foregoing instrument.
AY PV °°0°i
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Page 6 of 6
FAYE DANLLS
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My GOITEASig011 'io S
Z,TOBER 4 2012
Notary Publi ,
Pt)
day of
appeared
known to me to
acknowledged to me
and that he
and for
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tate of Texas
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/8/2011
IRMO
DATE:
LOG NAME: 20INTERLOCAL_EASTERN_
SUBJECT:
Authorize an Interlocal Agreement with Fort Worth Independent School District for Maintenance of the
Eastern Hills Storm Water Management Facility at No Cost to the City (COUNCIL DISTRICT 4)
Tuesday, March 08, 2011
REFERENCE NO.: C-24781
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 the maintenance of the Eastern Hills storm water
management facility at no cost to the city.
DISCUSSION:
The Eastern Hills Drainage Improvements project (Project No. 01363) includes construction of a storm water
management facility (storm water outfall, drainage channel and multi —use detention basin) on Fort Worth
Independent School District (FWISD) property. The basin will be used as a sports practice field most of the
time During heavy periods of rain, the basin will detain storm runoff so that the existing storm system
downstream of the basin can adequately handle the flow.
The Interlocal Agreement provides that the FWISD will*
1. Provide drainage easements to the City at no cost.
2. Provide maintenance of the following items.
a. Turf (watering, fertilizing, mowing).
b. Sprinkler system.
c. Fencing and security.
d. Practice field appurtenances (goals, bleachers, etc.).
e. Removal of litter after sporting events, practices and other functions
f. Removal of debris and trash from the basin floor and outlet structure that
are not captured by the trash and sediment collectors
during wet weather events.
g. Underdrain system.
The Interlocal Agreement provides that the City will:
1. Administer contracts foi the design and construction of the storm water facility
2. Pay for all costs associated with the design and construction of the storm water facility
with the exception of easements.
3. Perform routine maintenance on the following components:
a. Stormwater outfall from Meadowbrook Drive.
b. Detention basin upstream drainage channel.
c. Trash and sediment collectors.
d. Drop structure.
e. Basin outlet structure.
f. Maintenance access drive.
g. Security lighting.
4. Periodically remove silt when standing water conditions occur, the detention basin's storage volume is
reduced by more than ten percent, or the sediment trap's collected volume is more than twenty—five
percent of the design capacity.
5. Provide corrective measures due to channel erosion, slope stabilization and/or failure of the basin bank.
6. Perform visual inspections every six months.
The Interlocal Agreement will bear no additional expenses to the City of Fort Worth.
The Interlocal Agreement was approved by the FWISD School Board on December 14, 2010.
This project is located in COUNCIL DISTRICT 4, Mapsco 79C.
FISCAL INFORMATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating Denartment Head:
Additional Information Contact:
ATTACHMENTS
1. M AND C 01363 revised.ndf
FROM Fund/Account/Centers
Fernando Costa (6122)
William Verkest (7801)
Chad Simmons (8178701129)
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