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HomeMy WebLinkAboutContract 52666 CITY SECETA CONTR CT NORyS�I� p�6�6�w10 INTERLOCAL AGREEMENT S NO (FOR DESIGN OF ARCADIA TRAIL CONNECTION) BETWEEN THE CITY OF FORT WORTH, TEXAS AND THE CITY OF WATAUGA, TEXAS STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is by and between the CITY OF FORT WORTH, a Texas home-rule municipality with its principle office at 200 Texas Street, Fort Worth, Texas 76102, ("Fort Worth"), and the CITY OF WATAUGA, a Texas home-rule municipality, with its principal office at 7105 Whitley Road, Watauga, Texas 76118 ("Watauga"). 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, a trail system gap of approximately 700-foot-length lies between the south end of the existing Fort Worth Arcadia Trail and the north end of the existing Watauga Whites Branch Trail at the Fort Worth-Watauga city limit; and WHEREAS, both Fort Worth and Watauga desire to eliminate this trail system gap by facilitating and cost sharing of design and construction of a new connecting trail (collectively, the "Arcadia Trail Connection"); and WHEREAS, the Arcadia Trail Connection will benefit both Fort Worth and Watauga trail users by connecting over eight (8) miles of trail system between neighborhoods and parks in Fort Worth with over fifteen (15) miles of trail system between neighborhoods and parks in Watauga and beyond; and City of Fort Worth—City of Watauga OFFICIAL RECORD Interlocal Agreement(Design) CITY SECRETARY Arcadia Trail Connection CFW Project No.100317 Page 1 of 7 FT. WORTH,TX WHEREAS, a segment of the Arcadia Trail Connection lies within the city limits of Fort Worth in Arcadia Trail Park South near Glenscape Trail (collectively, the "Fort Worth Segment") and a segment of the Arcadia Trail Connection lies within the city limits of Watauga in Whites Branch Park near Cedar View Court (collectively, the "Watauga Segment") as depicted on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, Fort Worth funded and completed Schematic Design (30% Construction Document level) plans and cost estimate and presented those for consideration by Watauga; and WHEREAS, Watauga will reimburse Fort Worth for Watauga's share of design costs for preparation of construction documents for Arcadia Trail Connection up to a maximum of$50,000.00 (Fifty Thousand Dollars); and WHEREAS, Watauga is able and willing to provide access and funding, at the appropriate time, for construction of the Watauga Segment of the Arcadia Trail Connection within the Watauga city limits; and WHEREAS, Fort Worth is able and willing to design and construct both the Fort Worth Segment and the Watauga Segment of the Arcadia Trail Connection; 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 I. FORT WORTH A. Fort Worth shall coordinate with Watauga concerning design of both the Fort Worth Segment and the Watauga Segment of the Arcadia Trail Connection and maintain a project schedule throughout the design phase of the project. B. Fort Worth shall provide Watauga with timely project updates and requests for Watauga's payment of their share of project design costs throughout the project. C. Fort Worth shall obtain professional engineering related consultant services for preparation of construction documents for Arcadia Trail Connection necessary for the design of both the Fort Worth Segment and the Watauga Segment of the Arcadia Trail Connection. D. Fort Worth shall ensure that its consultant designs both the Fort Worth Segment and the Watauga Segment of the Arcadia Trail Connection to the specifications approved by both Fort Worth and Watauga. City of Fort Worth—City of Watauga Interlocal Agreement(Design) Arcadia Trail Connection CFW Project No.100317 Page 2 of 7 E. Fort Worth or its consultant shall register the project with the Texas Department of Licensing Regulation (TDLR) for review of conformance with Texas Accessibility Standards (TAS) requirements. Nothing herein shall prohibit or prevent Watauga from performing its own inspection of project conformance with TAS requirements. F. Fort Worth or its consultant shall design three (3) construction signs for the project within the overall limits of construction and located approximately as follows: (1) the Cedar View Court construction access point within Watauga city limits, (2) the existing Whites Branch Trail connection point within Watauga city limits, and (3) the existing Arcadia Trail connection point within Fort Worth city limits, as depicted on Exhibit "A" attached hereto and incorporated herein; SECTION II. WATAUGA A. Watauga shall pay Fort Worth for Watauga's share of design costs for preparation of construction documents for Arcadia Trail Connection (60%, 90%, 100%, Sealed construction documents) based upon the following formula: (design consultant's estimated value of improvements within Watauga city limits) x (overall project design fee divided by design consultant's estimated overall project construction cost). Watauga's share of design cost shall not exceed $50,000.00 (Fifty Thousand Dollars). B. Watauga shall provide timely responses to Fort Worth project schedule updates, information requests and updates, design submittal review comments, and requests for Watauga payments of their share of design and construction costs. C. Watauga hereby grants Fort Worth a license for the temporary use of Watauga's rights-of-way, the Whites Branch Park maintenance gate at Cedar View Court, and Whites Branch Park for ingress and egress as is reasonably necessary to design and for future construction of both the Fort Worth Segment and the Watauga Segment of the Arcadia Trail Connection. City of Fort Worth—City of Watauga Interlocal Agreement(Design) Arcadia Trail Connection CFW Project No.100317 Page 3 of 7 SECTION Ill. TERMS OF AGREEMENT A. OWNERSHIP: Upon completion, and final acceptance by Watauga, design of the trail improvements described above, if not constructed within a reasonable period of time, shall be conveyed to Watauga for its use to construct its portion of the trail system. B. TERM: This Agreement shall be effective upon full execution hereof, as described below, and shall continue in force and effect until the design services are complete, unless amended in writing by both parties hereto, in which case, any term provision in the amendment shall control. C. NOTICES: All notices or communications provided for herein shall be electronically or hand-delivered to Watauga and Fort Worth or, if mailed, shall be sent to Watauga and Fort Worth at their respective addresses. For the purposes of notice, the addresses of the parties, until changed by written notice, are as set forth in the recitals, with Notice to be directed to: FORT WORTH: WATAUGA: Richard Zavala, Director Paul Hackleman, Director Park & Recreation Department Public Works Department 4200 South Freeway, Suite 2200 7800 Virgil R. Anthony, Sr. Blvd. Fort Worth, Texas 76115 Watauga, Texas 76148 D. 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 privilege, immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. E. 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. F. 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. City of Fort Worth—City of Watauga Interlocal Agreement(Design) Arcadia Trail Connection CFW Project No.100317 Page 4 of 7 G. PLACE OF PERFORMANCE: All actions to be taken or amounts due under this Agreement shall be performed in Tarrant County, Texas. 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. H. ENTIRE AGREEMENT: This Agreement contains all the terms, commitments and covenants of the parties. 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. I. CURRENT REVENUES: The parties hereto shall make any payments called for hereunder only from current revenues legally available to each party. J. MULTIPLE COUNTERPARTS: This Agreement may be executed in multiple counterparts which, when taken together, constitute the entire Agreement. City of Fort Worth—City of Watauga Interlocal Agreement(Design) Arcadia Trail Connection CFW Project No.100317 Page 5 of 7 IN WITNESS WHEREOF, the signatories below, each acting under authority of their respective governing bodies, have caused this Agreement to be duly executed to be effective as of the date subscribed by the signatory last executing this Agreement. CITY OF FORT WORTH CITY OF WATAUGA BY: BY: 75i"— 6K waJL Fernando Costa (Signature) Assistant City Manager e�//-g A r 4- �v r L - /1 i ne r (Date Signed) (Signatory's Printed Name) l�la o r F� (Signat ry's Printed Title) - p k.(Date Signed) ATT S + ^ `°! ATTEST: M ry J. Ka� (Signature) City Secretary _ I�rro Jo � nsoh (Signatory's Printed Name) 1.4e r i m C14 y Se c ee-+a r y (Signatory's Printed itle) CITYOF FORT WORTH SEAL: CITY OF WATAUGA SEAL: =V. .cam City of Fort Worth—City of Watauga 7FT. WORTH, RECORD Intedocal Agreement(Design) SECRETARY Arcadia Trail Connection CFW Project No.100317 E IARY Page 6 of 7 TX CITY OF FORT WORTH APPROVAL RECOMMENDED: BY: v- Richard vala, irecto Park & Recreation Department City of Fort Worth 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. i Dwight aylor, Project Mang' r APPROVED AS TO FORM AND LEGALITY: CITY OF FORT WORTH CITY OF WATAUGA BY: BY: E,)4 4�14- Douglas W. Black (Signature) Senior Assistant City Attorney No nti�� (�'YI°` � ry EGGE. MY4t (Signatory's Printed Name) lrn2tow Ctw Arrpr�itb (Signatory's Printed Title) =I City of Fort Worth—City of Watauga OFFICIAL RECORD Interlocal Agreement(Design) CITY 5EC lieu ° Arcadia Trail Connection CFW Project No.100317 Page 7 of 7 FT. 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