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HomeMy WebLinkAboutContract 45744 (2)CITY yS� yN _ #LOZ 11: lfl[ O3M33321 Inter -local Cooperation Agreement City of Burleson, Texas and City of Fort Worth, Texas This Inter -local Cooperation Agreement (Agreement) is by and between the City of Fort Worth, a Texas municipal corporation ("Fort Worth"), acting by and through its duly authorized Assistant City Manager, and the City of Burleson, a Texas municipal corporation ("Burleson"), acting by and through its duly authorized Mayor. Fort Worth and Burleson jointly may be referred to in this Agreement as the "Cities" or as "Parties." WHEREAS, Fort Worth is currently widening Alsbury Boulevard between IH3 5 W and Stone Road in Fort Worth; and WHEREAS, the south right-of-way line of Alsbury Boulevard is also the boundary between the City of Fort Worth and the City of Burleson; and WHEREAS, Burleson has a planned trail system that includes a section of trail along the south right-of-way of Alsbury Boulevard; and WHEREAS, the Cities find that cooperation between them to construct these improvements will serve the lawful purposes of the Parties; and WHEREAS, Chapter 791, Texas Government Code, authorizes cities in the state of Texas to contract with one another for the providing of various governmental functions and services; NOW, THEREFORE, for and in consideration of the covenants, conditions and undertakings hereinafter described and the benefits to accrue to the citizens of Fort Worth and Burleson, the Parties contract, covenant, and agree as follows: ARTICLE 1. Definitions "Alsbury Trail Improvements" includes construction of a ten (10) foot wide concrete trail on the south side of Alsbury Boulevard from Stone Road to IH3 5 W, including construction of necessary retaining wall(s), relocation of landscaping and other improvements as shown on the attached Exhibit A. ARTICLE 2. PERFORMANCE BY THE PARTIES Section 2.01. Funding by Burleson. In consideration of the necessary improvements resulting from Burleson's request for the Alsbury Trail Im. ro �� -..��. OIPPICtIAL I� VilletTaTiNift, li A A RD r the benefit of the general public and Burleson citizens in particular, Burleson shall pay to Fort Worth the actual amount of the additional cost to construct the Alsbury Trail Improvements, up to an amount not to exceed $80,000 (eighty -thousand dollars). The actual construction cost of the Alsbury Trail Impiovements will be established based on work performed under Fort Worth's current construction contract (M&C C-26366, July 23, 2013) for the Alsbury Boulevard project. Said payments shall be made by Burleson upon submittal of pay requests approved by Fort Worth received from Fort Worth's contractor for the work. Section 2.02. Design of Alsbury Trail Improvements Burleson has retained Freese and Nichols, Inc. for design of the Alsbury Trail Improvements. Burleson has a separate agreement with Freese and Nichols, Inc to pay for design costs in full, and design shall not be part of this agreement. Section 2.03. Construction of Alsbury Trail Improvements Fort Worth will issue a change order to its contractor for the construction of the Alsbury Trail Improvements under their cunent construction contract. Upon completion, ownership of the Alsbury Trail Improvements shall vest in Fort Worth. Section 2.04. Maintenance and Operation of Alsbury Trail Improvements After the completion of construction of the Alsbury Trail Improvements, Fort Worth shall maintain the Alsbury Trail Improvements at its sole cost after the expiration of any warranty obligation by Fort Worth's contractor. ARTICLE 3 GOVERNMENTAL FUNCTIONS Section 3.01. Governmental Functions. Notwithstanding any provision to the contrary herein, this Agreement is a contract for and with respect to the performance of governmental functions by governmental entities. Burleson shall have no obligation with respect to the construction of the Alsbury Trail Improvements, except for its agreements to: (1) Design, through its retained engineer, and in conjunction with Fort Worth, the Alsbury Trail Improvements; (2) Pay the costs of design, (3) Pay the costs to construct the Alsbury Trail Improvements, up to $80,000.00; and (4) Work with Fort Worth as needed to provide additional engineering and design input during construction. Fort Worth shall be solely responsible for the construction and maintenance of the Alsbury Trail Improvements. Section 3.02. Exclusive Liability. Fort Worth shall have no liability whatsoever for the actions of, or failure to act by, any officers, employees, subcontractors, agents or assigns of Burleson, or with respect to the use of the Alsbury Trail Improvements by Burleson. Likewise, Burleson shall have no liability whatsoever for the actions of, or failure to act by, any officers, employees, subcontractors, agents or assigns of Fort Worth, or for or with respect to the use of the Alsbury Trail Improvements by Fort Worth. ARTICLE 3 DEFAULT Section 3.01. Default Defined. As used in this Agreement, "default" shall mean the failure of either of the Parties to make any payment or perform any obligation at the time and in the manner required by this Agreement. Section 3 02. Notice of Default. Upon an event of default by either party to this Agreement, the other party shall promptly give written notice of such default to the party in default. The party in default shall have thirty days after receipt of such notice of default within which to cure such default and, if cured within such time, the default specified in such notice shall cease to exist. Section 3.03. Remedies for Default. If a properly noticed default is not cured as provided in this Agreement, the party not in default may resort to all remedies under the law, including the recovery of its expenses and seasonable attorneys' fees incurred in connection therewith. Following the expiration of sixty days after receipt of notice of default by the defaulting party and providing that the default complained of has not been cured by the defaulting party, then the non -defaulting party may, in addition to any other rights or remedies available at law or in equity, terminate this Agreement by providing written notice to the defaulting party, with the termination to be effective on such future date as specified in the notice of termination sent to the defaulting party. Section 3.04. Non -Waiver. No waive' of any one or more events of default shall operate as, or be deemed to be, a permanent waiver of any rights or obligations, an express or implied waiver of any rights or obligations, or an express or implied acceptance of any other existing or future event of default, whether of a similar or different character; nor shall such a waiver constitute either an amendment of the teens of this Agreement, or a practice or course of dealing between the parties contrary to the terms of this Agreement ARTICLE 4 MISCELLANEOUS Section 4.01. Policy Making Authority. Fort Worth shall have exclusive control, supervision and policy making authority for and with respect to the Alsbury Trail Improvements, provided that the end result is a full use trail at a minimum width of ten feet from Stone Road to the IH35W Frontage Road. Section 4.02. Other Services. Nothing in this Agreement shall be deemed to create, by implication or otherwise, any duty, responsibility or right as to either of the Parties, except as specifically set forth herein. This Agreement does not and shall not be interpreted to limit or extend any governmental authority or discretion except as specifically set forth herein. Section 4.03. Jurisdiction Nothing in this Agreement shall be deemed to extend or increase the jurisdiction or authority of either of the Parties except as necessary to give effect to this Agreement All the governmental functions and services of Burleson shall be and remain the sole responsibility of Burleson. All governmental services and functions of Fort Worth shall be and remain the sole responsibility of Fort Worth. Section 4.04. Law and Venue. This Agreement shall be subject to all federal laws and the laws of the state of Texas as applicable to the Parties and for the purposes expressed herein. Venue shall he in Tarrant County, Texas. Section 4.05. Availability of Funding Each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party Section 4.06. Governmental Immunity. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to either Party nor to create any legal rights or claim on behalf of any third party. Neither Party waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the state of Texas. Section 4.07. Amendments and Modifications. This Agreement may not be amended or modified except in writing executed by Fort Worth and Burleson as authorized by both governing bodies, including administrative authorization as provided by either Party s code of ordinances or rules. Section 4.08. Severability In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of the parties hereto shall be construed and enforced in accordance therewith. The Parties hereto acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and intention that such provision be reformed and construed on such a manner that it will, to the maximum extent practicable, be deemed to be validated and enforceable. Section 4.09. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. Section 4.10. Notices. Any notice given pursuant to this Agreement shall be given in writing and delivered or mailed by Certified or Registered United States Mail, postage prepaid, addressed as follows: If to Burleson: City of Burleson Attn: City Manager 141 W. Renfro Burleson, Texas 76028 If to Fort Worth: City of Fort Worth Attn: City Manager 1000 Throckmorton Street Fort Worth, Texas 76102 Section 4.11. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall be considered fully executed when all Parties have executed an identical counterpart, notwithstanding that all signatures may not appear on the same counterpart. The Parties have executed and attested this Agreement by their respective officers' signatures in the spaces below. This Agreement shall be effective as of the later date subscribed by a signatory. City of Burle on Ken Shetter Mayor Attest: Amanda McCrory, C(ty ecre•y Date: Date: it ' I lt ' 14 "Approved,s to Form and Legality: ro frilit Attorney CITY OF FORT WORTH By: 4-e-77444,0,,,,,h-j Fernando Costa, Assistant City Manager Date: ATTE T: Vuiliit Mary J. aye t, City `Secretary M&C No. 2.6$(Z Date 6'-3 icf RECOMMENDED FOR APPROVAL: By: ( � Cis Li Douglas + . Wiersig, P.E. ctor Transportation and Public Works Appro - • as to Form and Legality: Doug as W. Black Assistant City Attorney OFFICIAL RECORD ©ITV SECRETARY FT, WOff!!H, a E? d CHEVRON 10' SHARED USE PATH 10'SHARED j USE PATH 'PROP OSED "- RETAINING W .r 10' SHARED - k► .._. _� PROPOSED ATH ,M,.• . +� DRA NAGE INLET ._l 4r 4 S xt ti, l" t MCDONALD'S (STING •LANDSCAPING BETWPEt k PROPOSED RETAINING WALL AND lit Irlt* yr'' EXISTING RIGHT OF WAY TO BE 'i�lsD it ..• �►1.7..,REJ.QCATED _ �j ir,-.4% * 6 Iiii RESTAURANT LA QUINTA INN ORT WORTH 'T' TERMINAL ALSBURY TRAIL IMPROVEMENTS - EXHIBIT A I SCALE IN FEET V IMIF'JHJVI1V • WESTBOUND ALSBURY BOULEVARD -114110114i• 10' SHARED USE PATH-' A. EA& 13UUNt� AL'SBURY BOULEVARD EXISTING LANDSCAPING BETWEEN j PROPOSED RETAINING WALL AND / EXISTING RIGHT OF WAY TO BE RELOCATED —PROPOSED RETAINING WALL M4 RIGHT OF WAY PROPOS DRAINAGE INL 0.952 ACRES (BY DEED) McDONALD'S CORPORATION VOLUME 6709, PAGE 697 D.R.T.C.T. ALSBURY TRAIL IMPROVEMENTS - EXHIBIT A M&C Review Page 1 of 2 DATE• CODE SUBJECT: GEN A Official site of the City of Fort Worth, Texas FORT WORTH COUNCIL ACTION: Approved on 6/3/2014 - Ordinance No. 21266-06-2014 6/3/2014 REFERENCE NO.: C TYPE• **C-26812 LOG NAME: PUBLIC HEARING: Authorize Execution of an Interlocal Agreement with the City of Burleson in the Amount of $80,000.00 for the Construction of a Ten -Foot Wide Concrete Pedestrian Trail Along Alsbury Boulevard from IH-35 to Stone Road and Adopt Appropriation Ordinance (COUNCIL DISTRICT 6) 20ALSBURY BLVD INTERLOCAL AGREEMENT CONSENT NO RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an Interlocal Agreement with the City of Burleson in the amount of $80,000.00 for reimbursement of City of Fort Worth's costs related to the installation of a ten -foot wide concrete pedestrian trail along Alsbury Boulevard between IH-30 and Stone Road; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Intergovernmental Projects Fund in the amount of $80,000.00 from available funds. DISCUSSION: On July 23, 2013, (M&C C-26366) the City Council authorized a contract with McClendon Construction Co., Inc., for the reconstruction of Alsbury Boulevard from Interstate 35W to Stone Road The construction plans included a standard four -foot wide sidewalk along the south right-of- way line of the project, which is also the boundary between the City of Fort Worth and the City of Burleson. The City of Burleson has plans for a 10-foot wide sidewalk along that segment of Alsbury Boulevard, being a part of its planned trail system. The City of Burleson requested that the City of Fort Worth construct the 10-foot wide sidewalk as a part of the Alsbury Boulevard project. The City of Burleson will fund the differential costs associated with the construction of the 10-foot sidewalk, estimated to be $80,000.00. The City of Burleson has independently retained Freese and Nichols, Inc , to provide design documents for the work. The City of Fort Worth will issue a change order to McClendon Construction Co., Inc., to construct the wider sidewalk as a part of the Alsbury Boulevard reconstruction. This project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in current capital budget as appropriated, of the Intergovernmental Projects Fund. The Transportation and Public Works Department will be responsible for the collection and deposit of funds due to the City. TO Fund/Account/Centers 1 & 2) C213 451XXX 208230127383 2)C213 541200 208230127383 $80,000.00 $80,000.00 FROM Fund/Account/Centers http://apps.cfwnet org/council packet/mc review.asp?ID=19844&councildate=6/3/2014 7/10/2014