HomeMy WebLinkAboutContract 28455�oNi`RAC��� ���SJ
INTERLOCAL AC'rREEMENT
This INTERLOCAL AGREEMENT is made and entered into this the ����' day of
�G_�.� � . 2403, by and Uetween the CYTY 4F FORT WORTH, a home rule
municipal corparation af the State of Texas, located withi.n Tarrant, Denton and Wise Cout�ties,
Taxas (hereinafter referred to as th� "CITY") and the TARRANT REGIONAL WATER
DISTRICT, organized under Chapter 51 af the Texas Wat�r Code (h�reinafker referred to as
"D�STRICT").
WHEREAS, on December 19, 20Q0, the Fort Worth City Couneil adopted a resolution
authorizing tha issuance af $45 rnillion in Certificates of Obligation to address critical capital
prajects that included $240,000 for the Trinity Trail Extension project; and
VVHEREAS, on October 15, 2402 the Fart Worth City Council authorized the City
Manager to e�ecute an interlocal agreement with the D7STRICT to provide additianal funding,
not to exceed $200,aoa, fQr the purchase of matarials necessary for the constrizction of
approximately 4.7 miles oi asphalt hike and bike trail located on CITY and DISTRTCT property
(M&C 19292); and
WHEREAS, on Dacernber 10, 2002 the DISTRICT azad the Caunty of Tarrant, through
its governing body, the Commission�rs Court, entered into an interlocal agreement for ihe
canstruction o#' approximately 4.7 miies of bike trail on the West Fork of the Trinity River and 3
miles #rail near the Clear Fork of the Trinity River azxd an approximately 9,000 squa�re foot
parking loi; and .
WH�REAS, pursuant to the December 10, 2002 agreemen�, the County agreed ta fizrnish
a11 material, man hours, and equipment to complete the pxojects in reiurn for the use of paroperty
for a material storage site owned by the DISTR.ICT; and
WHEREAS, the trails will ba constructed per agreed upon standards between Tarrant
County and the District as set out in the Interloeal Agreement attached and incorporated in �o this
agreement as Exhibii "A": and
WHEREAS, this Agreement b�tween. ihe CITY and the DISTRICT is made under the
authority granted to the CITY and the DISTRICT by and pursuant to the Texas Government
Cod�, Chapter 791, known as ihe INTERLOCAL COOPERATION ACT; and
WHEREAS, eacb governing bady, in perfozrning governmental functions or in paying for
the performance af governmental functions hereunder, shall ma,ke that periarma.rzce or those
payments forn� current revenues legally available to that party; and
WHEREAS, each gov erning body finds that the performance of this Agreement is in the
common interest ofbath parties, tha� the undertaking wzll benefit the public; and
NOW THEREFORE, in consideratzon of the mutual covenants �erein expressed, the
parYies agree as follows:
1.
CrTY agrees to pro�ide funding up to and not to exceed in the amounfi of $240,000 as
payment for the purchase of canstructian material necessary fQr the construction of
approximately S,OOO linear f�et of an eight (8') asphalt wide hike and bike trail cansisting of a 2"
H.M.A.C. asphalt overlay over crushed limestane subgrad� on DISTRICT and CITY propexty,
more specifically a trail along the Trinity River from the existing low water dam adjacent io the
DISTRICT Operations Facility locaiian at 800 East Northside Drive to Bertha Collins Athletic
Center (See Atiaclzment B).
2.
DISTRICT has entered into a third party agreemant, attached and incorporated herein as
Exhibit "A", with the COUNTY OF TARRANT, in which Tarrant Couniy will furnish labor and
equipment necessary to construct and complate saad work as described in E�chibit "A" on
DI�TRICT and CITY property.
3.
Nothing in the performance of this Agreement shall impase any Iiabi�ity far claims
against the CITY other than claims for Iiability that may be imposed by th� Te�cas Torts Claims
Act.
4.
No�h:ing in the perfarmance of this Agreernent shall impose any liability for clairns
against the DrSTRICT other than claims for liability that may be imposed by the Texas Tort
Claims Act.
5.
By �ntering inta this Agreement, the parties do not iritend to cr�ate any obligatians
expressed or implied other tY�an those sat out herein; fiirther, this Agreement shall not create any
rights in any party not a signatary hereto.
6.
The got�erning boaies of the CTTY and the DI�TRICT have duly authorized this
Agreement. .
�
CITY OF F�RT WORTH
1004 Throckmnrton Street
Fort Worth, Texas 76IO2
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ATTE�T:
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BY: '- �,�t,�.,. =,� -��/��'y'
� Gloria Pe n
City Secrc,�t�ar�y
TARRANT REG�ONAL WATER DISTRICT
PO Box �50$
Fort Worth, Texas 76164-D50$
By:
eral Manag r
APPROVED AS TO FQRM AND LEGALITY:
David Y , City Attorney
By: (� �- %l��I, ry.
Assistan ity Attorney
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COUN�'X G1E' T.AitEtA,��
XNOW ,�LL �Y TH�SE PR�S�S
�NT�RLOC��' �GREEE�EN�
This Agre��nent is mada and eneered into this �/`�� day o�
,�,P,��, 2Q�2, by and betueen the Count�r oi Tarrant, act�ng herei,n.
by and through i�s governi.ng body, the Commissianers Cou�t,
h�reinaf�e� xe�e�zed Co as COCINTX and THL '�A�tR.AN'� itEG�Ot�AL WAT�R
niS�RY�T, herei�a�t�r x��erred to as DISTFrCT, ba�h a.� Tarran'C
CounG�r, StaCe of Te�t�s, w1.tn�sseth: •
WfiEREA5, t.his Rqreemenfi. is �sade unde� the autharity o�
S�c�.ZpnS 791.QD1 - 791,029, �exas Government Godet and
' WtfE1�EAS, �ach governing bnciy, in per�ormxnq governmenta].
func�ions or i'n pa�ing for �he Perfarmance of governmers�al
funG�ions her�under, sti�11 make ti�at performance or those
payments fx�m cur�ent � revenue�s �.egally a.vailable to �haC par�y;
ar�d
WKEREAS, E;ach governing body t,�nds ChaC the pezfox�mance o�
tYYis Ag.�eemenz is �n �he camman a.nterest o� both oaz�ies, that
the undez�aking wi,�,1 �enefiC the pub�.ic and tha� the di,visxnn o�
costs fai�l�r �o,nPensates trie performirig party for the sarvices pr
functians under zt�is agz�ement; and
Wf?ER�AS, Fach gove�ning bady agrees �a share i.n �he cast of
tihe services desczib�d below.
NOW THERS]`oRE, the COUNTx and the DISTRICT ag�see as fo�3�aws:
• �.
Cai]NTY ag�cees �o con�tzuc� apQroximate�y � 4,7 miZes o� 11'
DISTRICT propei ty bilce traz,l, consi$tznq pf a 2'' i1.M.A,C. nverlay
m�re speciEica],Iy: Wes� �ork of the TriniCy Rive�.
�OUN'�Y a�grees to con5truct approximat�ly
p�npert�r tra�l, consis�ing o� cxushed
speca.fically: c;1�ar Fo�k of the �rinity River.
3 t�tYl�s DiSTRxGT
Limeszane more
�OL�NTY aqr�es � to cor�struct apgrox.imak�].y 9, 000 square feet of
DIS'�RIC'� prop�:rty pazking lot, cortsistbng of a Z" H.M,A.C.
over�.ay mor� s��c�.fically: West Fork o� the Trini�y River, .
2.
CG�UNTY c,grees to furnish a1x 1'n.ater�.al.s, man hours artd
equipsnent nec ssary to crsmp3.ete the praj�cts, which both par�aes
agree �u�by a�d fairly cor�pensates Dis�rict foX pay�ien� �a� th�
property whicY� th.� DrSTRTC�' has leased ti� Che COC?NTY ,�or use as a
mat�eria� stort�qe site: . ,
Cemen� Cr�ek� anCt No�thwest �ot,p 820 leasa, aonsiszbng of
a�s�roxama�ely fave (5f acres
3.
No�Cl].riy iri �.I�e pes�orm�nce at this Agrqement si�all impoSe
any li.abality for ciaims aqai.ns[ GQ�UN7`Y aC.her than claims fvr
which .liabili�;y rnay be ,�mposecl by t�e Texas TozC Ciai.ms Act.
I ':. �
FY03 SPA�lR11}{'p R.ECIO J►I. 47ATER pi8TA�C7
��T��:H1�Ei�i A
Sent by: TRRRA�7 REQidNAL WATEA DIST. 817 7Q0 1429; 12/30/02 3:04PM;J��#691;Fa�e 3/3
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9.
Nothxng �n the �ezfa�mana� oF �his Agreement shall �mpose
any �iabilit� fvr clazms against DISTRTCT other �han c�aims fvr
which liabiZ-t� ��y be imposed by �he Texas �oxt C�aims Act,
�.
if engineering servi��s a�e xequixe� f4x the Proj�ct,
bIS�FICT shal� provide suGk servicss. �rS��iCT shall noti�y
COU�TY w��hia thirty��3bj days o� completion ai �h� p�oject oF
any eomp�a�n� wh�ch the DISTRIcT may haye regarding sam�. Upon
comp����on c� tih� p�o�ecC. D�STR�CT sha�l be s�sponsible fa�
ma�ntenanc� u� same. '
5.
The pazt�es to �his Agr�ement da not intend for �riy �hX�d
party ta obtain a right by vi��ue o� �his Agreement. �xS�'RxCT
agrees tha� County is rel�ing upon �i5TRICT �oz notice to p�a�eed
wizh �his Pr.ajec�, b�t CoU�TY sh�11 not be r�quirad to perfozm
thbs Agreerne�� within any ti�E limzt.
7.
ey entEring xn�a this Agre�menC, th� partxes do not intend
to create anv obligatians express ar �mplied other ��a� those set
out herein; further, this Agzeement �ha�1 not create any righ�s
in ��y �arty not a s�gna�ory hereta.
ATTEST
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C�iTfi'.k`Y O� LAF�A�i'i'
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C MYSSX� , ��LECINCT FQUR
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}1PPROVE 5 T
A55Y5 T �D�STRICT A�TORN�`!
*By law, the Dis'�ric� Attorney`s Of�ice �ay anly advi.se or
ap{��ove aoriGr�.cts ox legal documen�s on beha�.� of 3.ts cl�er��.s.
It may not aCv�s� o� app]Cove � canGrac�.s or J.egal dacument on
beE�al� aE �ti,es paxt�.es. D�r view oE th7.s documsn� was conducted
so�ely frvrn th� l�gai �ez'spect�.rre af ou� Gliene. Our ap�xaval of
this doc�unent was a�fe��d splely �or th� ]�en�fit of aur cli,ent.
Othex partiie� shou�d not r��.y an this agpsova]. and shouid �eefc
review and a��praval by their awn r�speativ� a�,torney (s) .
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RUTF10RxZE� DIS'CR�GT QEFICTAL
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C'ity of �'art T�Tlor�h, T'exas
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DA7� REFERENCE NUMBER LOG NAME PAGE
10/15/02 **��.�929� , 80TRiNITY � of 1
SIJBJECT AUTH�RIZATl�N T� ENTER INTO AN �NTERLOCAL AGREEMENT WITH THE
T��RAf�� F���tDfVkL �+V�4T�R p��T�21�T TO CONSTR�CT A PORTION OF THE
TRINITY R1VER TRAIL EXTENSION
RECOMMENDATI�N:
It is r�commended that t�e City Counci[ authorize the Cify Manager to execute an lnterlocal Agreement
with the Tarrant R�gionaf Water District (TRWD) ta construct a portion of the Trinity River Trail
Extension.
DiSCUSSION:
On Dacember 19, 2000, the City Co�ncil adoPted a resolution aut�orizing the issuance of $45 million in
Certificates a� Obligatian to address critical capital proj�cts, w�ich included $200,OOQ for the Tr9nity
Ri�er Trail Extension project.'�
In order ta construct a greater portion of th� proposed trail project, it is necessary to enter into an
Interlocal Agreement witF� the TRWD far this project. This agreement will allow t�e Gity afi Fflrt Worth fo
provid� funding up to, but nat fo exceed, $200,�00 for the �urchase of materia�s n�c�ssary for the
cons#ructian of approximately 4.7 miles of asphalt hike and �i�Ce trail an City and TRWD property, more
specifically the trai� aiong the Trinity River from the existing low water dam adjacent to the TRWD
Operations Facility at 800 East Nar#hside Drive to Bertha Collins Youth S�orts Center in Harmon Paric.
The lnterlocal Agreement also states that the TRWD agrees to work with Tarrant County to furnish the
labar and equipment necessary to complete the paving on this portion of trail on TRWD property.
This project is located in C�UNCIL DISTRICTS 2 and 8.
FiSCAL INFORMA710NICERTI�ICATION:
The Finance Director certifies that funds are availa�le in the current capitaf budget, as appr�priated, of
the Parks and Communi�y Services F��d.
JP:k
Subn�itted for City Manager's
Office by:
.ioe Paniagua
Originating Department Head:
Richard .Zavaia
Additinaal Infarmafion Contact:
Mike Frcke
I FUND I ACCOUNT I CENTER
� (to)
f
6140 �
f
5744 � (from)
__ f C, 82 54, 20�
�
f
5746 �
AMOCINT � CITY SECRETARY
D80182D5a01 Q $200,OD4.04
APPROVED 101I5102