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HomeMy WebLinkAboutContract 63349ILA CFW-CLW For Telephone Roadway/Drainage Improvements Page 1 of 8 INTERLOCAL AGREEMENT BETWEEN THE CITY OF LAKE WORTH AND THE CITY OF FORT WORTH FOR TELEPHONE ROADWAY DRAINAGE IMPROVEMENTS This Interlocal Agreement (“Agreement”) is entered into by and between the City of Lake Worth (“Lake Worth”), a Texas home rule municipality, acting by and through its duly authorized representative, and the City of Fort Worth (“Fort Worth”), a Texas home rule municipality, acting by and through its duly authorized representative, herein collectively known as the “Parties.” I. RECITALS WHEREAS, Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act, authorizes municipalities to enter into interlocal agreements for the provision of governmental functions and services; 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, each party’s financial contribution to the Project (as defined below) shall be applied toward the spirit of cooperation to address drainage issues in the watershed area; and WHEREAS, Telephone Road is a street located primarily within the City of Lake Worth except for a small segment in the City of Fort Worth off of Marina Drive. WHEREAS, Lake Worth desires to improve that section of roadway and drainage along Telephone Road located within the City of Fort Worth at its crossing of Telephone Road and Marina Drive to make other roadway and drainage improvements related to the Telephone Road; WHEREAS, Lake Worth agrees to maintain the portion of the Project within the Lake Worth city limits and drainage improvements located within the City of Fort Worth city limits, including the outfall into the lake at 3901 Marina Drive. NOW THEREFORE, Lake Worth and Fort Worth agree as follows: II. TERMS AND CONDITIONS A. Project. The City of Fort Worth and the City of Lake Worth agree to cooperate in the construction of the Telephone Road extension to intersect with Marina Drive, a capital ILA CFW-CLW For Telephone Roadway/Drainage Improvements Page 2 of 8 improvement project funded by the City of Lake Worth (the “Project”). Cooperation and coordination between the Parties will focus on the paving and drainage facilities necessary to support the Project located within the City of Fort Worth. The drainage facilities will begin in property owned by the Fort Worth (drainage outfall in the lot of 3901 Marina Drive) and extend across Marina Drive into the Lake Worth city limits, as depicted in Exhibit A. The portion of the Project within the Lake Worth city limits is defined as the “Lake Worth Improvements,” as further described in Exhibit B, and the portion of the Project within the Fort Worth city limits is defined as the “Fort Worth Improvements,” as further described in Exhibit C. B. Design of the Project. Lake Worth will prepare and pay for 100% of the Project engineering and design costs. The Lake Worth Improvements will be designed in accordance with Lake Worth’s design standards and the Fort Worth Improvements will be designed in accordance with Fort Worth’s design standards. Fort Worth shall have the opportunity to review and approve the design of the Fort Worth Improvements at all phases and Lake Worth will address Fort Worth’s comments to the extent they do not materially change the intent of the Project. Additionally, Fort Worth shall have the opportunity to review and approve the design of the Lake Worth Improvements at all phases, but only to the extent that the Lake Worth Improvements impact the downstream Fort Worth Improvements, and Lake Worth will address Fort Worth’s comments to the extent they do not materially change the intent of the Project. Lake Worth will be responsible for all incidental engineering or other costs which may arise during construction. C. Construction of the Project. Lake Worth will pay 100% of construction costs of the Project. Where required, the successful bidder shall meet the City of Lake Worth’s pre- qualification standards. Fort Worth herewith grants Lake Worth the temporary right of access to that portion of the Telephone Road and Marina Drive right-of-way which lies in the City of Fort Worth, as depicted in Exhibit D, for design and to perform construction so that Lake Worth and its contractors may complete the Project. Additionally, subject to the approval of the Fort Worth City Council, Fort Worth will grant Lake Worth a permanent drainage easement, in a form mutually agreeable to Lake Worth and Fort Worth, for the purpose of maintaining the drainage facilities, including the pipe and outfall channel. D. Award, Construction, and Maintenance. Fort Worth shall have the right, but not the obligation, to: 1.Review and approve the design documents for the Fort Worth Improvements, as described in Exhibit C; 2.Maintain the drainage facilities that are part of the Fort Worth Improvements in the event that Lake Worth is unable to maintain them. Upon completion of the Project, Fort Worth shall be responsible for the maintenance of the paving within the Fort Worth Improvements. Lake Worth will be responsible for: ILA CFW-CLW For Telephone Roadway/Drainage Improvements Page 3 of 8 1.Full design of the Fort Worth Improvements in accordance with Fort Worth design criteria and subject to Fort Worth’s review and approval; 2.Full design of the Lake Worth Improvements in accordance with Lake Worth design criteria and subject to Fort Worth’s review rights in Section B; 3.Inspection and materials testing for the Project; 4.All construction costs of the Project; and 5.Maintenance of the Lake Worth Improvements and the drainage facilities included in the Fort Worth Improvements. E. Current Revenue. No debt is created by this Agreement. Lake Worth and Fort Worth each hereby warrant that all payments, contributions, fees and disbursements, if any, required under this Agreement shall be made from current revenues. F. No Waiver of Immunity or Defenses. Nothing in the performance of this Agreement shall impose any liability for claims against either Fort Worth or Lake Worth, 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 sovereign or governmental immunity by Fort Worth or Lake Worth. G. No Third-Party Beneficiaries. It is understood by the Parties that this Agreement is entered into for the mutual convenience and purposes of Lake Worth and Fort Worth and it is the Parties’ intent that no other 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. H. 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. I. Force Majeure. If, by reasons of Force Majeure, any party will be rendered wholly or partially unable to carry out its obligations under this Agreement after its effective date, then such party will give written notice of the particulars of such Force Majeure to the other party or parties within a reasonable time after the occurrence of such event. The obligations of the party giving such notice, to the extent affected by such Force Majeure, will be suspended during the continuance of the inability claimed and for no longer period, and any such party will in good faith exercise its best efforts to remove and overcome such inability. J. Severability. In the event any section, subsection, paragraph, subparagraph, sentence, phrase, or word of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, 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. ILA CFW-CLW For Telephone Roadway/Drainage Improvements Page 4 of 8 K. No Waiver. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of that party’s respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Amendment. This Agreement may only be amended, altered, or revoked by written instrument signed by the parties to such amendment. M. Termination. Lake Worth may terminate this Agreement in the event funding for the Project is not authorized by its respective governing body or the cost estimates exceed the reasonably available funding by providing a minimum of thirty (30) days’ written notice to Fort Worth. Fort Worth may terminate this Agreement by providing a minimum of thirty (30) days’ written notice to Lake Worth. N. Notice. Any notice provided for or permitted under this Agreement shall be made in writing and may be given or served by (i) delivering the same in person to the party to be notified, or (ii) depositing the same in the mail, postage prepaid, certified with return receipt requested, and addressed to the party to be notified, or (iii) sending by electronic means, with a copy thereof sent by registered mail on the same day. If notice is deposited in the mail pursuant to (ii) or (iii) of this Article, it will be effective upon receipt or refusal. For the purpose of notice, the addresses of the parties are, until changed as provided below, as follows: City of Fort Worth Transportation and Public Works Department – Stormwater Division Stephen Nichols 100 Fort Worth Trail Fort Worth, Texas 76102 With copy to: Douglas W. Black, Sr. Assistant City Attorney 100 Fort Worth Trail Fort Worth, Texas 76102 City of Lake Worth Attn: Stacey Almond, City Manager 3805 Adam Grubb Dr. Lake Worth, Texas 76135 With copy to: Lindsey Hale, City Attorney Taylor, Olson, Adkins, Sralla & Elam, L.L.P. 6000 Western Place, Suite 200 Fort Worth, Texas 76107 ILA CFW-CLW For Telephone Roadway/Drainage Improvements Page 5 of 8 The parties may from time to time change their respective addresses, and each shall have the right to specify as its address any other address upon at least ten days written notice to the other party. N. 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 contemporaneous understandings or representations, whether oral or written, respecting the subject matter herein. O. Effective Date and Term. This Agreement shall become effective immediately upon its execution by the later of the Parties whose signature makes the Agreement fully executed, as indicated by the date subscribed by a signatory and shall be for a term of two years or until completion of the Project, whichever occurs first. This Agreement may be renewed upon approval by the parties. P. Non-Discrimination. Neither Fort Worth nor Lake Worth, nor any of their officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this contract, shall in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. Fort Worth and Lake Worth agree that in the execution, performance, or attempted performance of this Agreement, they will not discriminate against any person or persons because of gender, religion, color, sexual orientation, or national origin, nor will either party permit its respective agents, employees, subcontractors or program participants to engage in such discrimination. ACCORDINGLY, the City of Fort Worth and the City of Lake Worth, by and through each Party’s designated official representative, hereby execute this Agreement to be effective as described above. [signature page follows] ILA CFW-CLW For Telephone Roadway/Drainage Improvements Page 6 of 8 CITY OF LAKE WORTH By: __________________________________ Stacey Almond, City Manager Date: ____________________ ATTEST: ___________________________________ Holly Fimbres, City Secretary Approved as to Form and Legality: ___________________________________ Lindsey Hale, City Attorney CITY OF FORT WORTH By: _________________________________ Jesica McEachern, Assistant City Manager Date: __________________ ATTEST: __________________________________ Jannette Goodall, City Secretary M&C No. ___N/a________ Date _______________ RECOMMENDED FOR APPROVAL: Approved as to Form and Legality: By:___________________________ ___________________________________ Lauren Prieur, Director Douglas W. Black Transportation and Public Works Sr. Assistant City Attorney ILA CFW-CLW For Telephone Roadway/Drainage Improvements Page 7 of 8 Contract Compliance Manager: By:___________________________ Stephen Nichols, Sr. Capital Projects Officer, Transportation and Public Works ILA CFW-CLW For Telephone Roadway/Drainage Improvements Page 8 of 8 EXHIBITS ECBLGGTTTTTTLSTGG ETTLSGAS GAS GAS GAS GASTTTTTGASGGGAASGGGGGASGAASGGASGAAASSGASGASSS ETTLSGAS GAS GAS GAS GASELSLS ETLSGAS GAS GASTTTTGASGGAAASGGGGGASGAASG FoRT WaRTH�� Routing and Transmittal Slip TPW Stormwater Manaqement DOCUMENT TITLE: ILA-Telephone Roadway Drainage Improvements M&C: CPN CSO DOC # Remarks: Inter Local Agreement (ILA) with the City of Lake Worth for their extension of Telephone Rd to Marina Dr. The ILA defines responsibilities and allows the City of Lake Worth to construct and maintain drainage facilities within City of Fort Worth right-of-way and City-owned property. There is no proposed transfer of funding, only a proposed dedication of a drainage easementthatwill require a separate M&C. DEPARTMENT INITIALS DATE 1. Lindsey Hale City of Lake Worth - `M� signature ���H 05/15/2025 2. Stacey Almond City of Lake Worth -� 05/27/2025 Signature s� 3. Holly Fimbres City of Lake Worth - � 05/27/2025 Signature HF 4. Stephen Nichols, Sr. CPO TPW-Initial S� 05/29/2025 2. Jen n ifer M. D ke, Asst. Dir. TPW- Initial a 05/29/2025 3. Lauren Prieur, Dir. TPW- Signature � 05/29/2025 4. Douglas W Black Legal- Signature � 05/30/2025 5. Jesica McEachern CMO - Signature ,�� osi3oi2o25 6. Ron Gonzales Approver 06/02/2025 7. Jan n ette Goodall CSO- Signature 06/02/2025 8. Allison Tidwell Form Filler 06/05/2025 DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes X No SAME DAY: ❑ Yes X No NEXT DAY: ❑ Yes X No ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ Attach Signature, Initial and Notary Tabs ❑ For Your Information X Signature/Routing and or Recording FORT WORTH�� Routing and Transmittal Slip TPW Stormwater Manaqement DOCUMENT TITLE: ILA-Telephone Roadway Drainage Improvements M&C: CPN CSO DOC # ❑ Comment ❑ File Call Stephen Nichols at ext. 7598 should you have questions. Thank you.