HomeMy WebLinkAboutContract 52666-A1 CITY SECRETARY
CONTRACT NO. .�I�JID
INTERLOCAL AGREEMENT AMENDMENT NO.1
�sFc9�o���0 (FOR CONSTRUCTION OF ARCADIA TRAIL CONNECTION)
9� BETWEEN THE CITY OF FORT WORTH, TEXAS
AND THE CITY OF WATAUGA, TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AMENDMENT NO. 1 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") and amends that certain Interlocal Agreement ("Agreement") entered into by
and between the parties for the design and future construction of the Arcadia Trail
Connection.
WITNESSETH:
WHEREAS, Fort Worth and Watauga entered into that certain Agreement on
August 16, 2019 for the design and construction of the Arcadia Trail Extension project;
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 Amendment
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 construction of a new connecting trail (the "Arcadia Trail
nrnecti^n"!• and
City of Fort Worth—City of Watauga
Interlocal Agreement Amendment No.1(Construction) C
Arcadia Trail Connection CFW Project No.100317 �PO
Page 1 of 7
WHEREAS, Watauga will participate in the construction costs by contributing to Fort
Worth Watauga's share of costs for construction of the Arcadia Trail Connection up to a
maximum of$250,000.00 (Two Hundred Fifty Thousand Dollars); and
WHEREAS, Fort Worth will procure a contractor for the construction of 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 construction of both the Fort
Worth Segment and the Watauga Segment of the Arcadia Trail Connection and
maintain a project schedule throughout the construction phase of the project.
B. Fort Worth shall provide Watauga with timely project updates and requests for
Watauga payment of their share of project construction costs throughout the
project.
C. Fort Worth shall obtain or cause to be obtained, all material, labor and equipment
necessary for the construction of both the Fort Worth Segment and the Watauga
Segment of the Arcadia Trail Connection.
D. Fort Worth shall ensure that its contractor constructs both the Fort Worth Segment
and the Watauga Segment of the Arcadia Trail Connection according to the plans
and specifications approved by both Fort Worth and Watauga.
E. Fort Worth shall arrange for all materials testing and inspection for both the Fort
Worth Segment and the Watauga Segment of the Arcadia Trail Connection.
Nothing herein shall prohibit or prevent Watauga from performing its own
inspection or review of materials testing.
F. Fort Worth or its contractor shall install and maintain 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;
City of Fort Worth—City of Watauga
Interlocal Agreement Amendment No.1(Construction)
Arcadia Trail Connection CFW Project No.100317
Page 2 of 7
SECTION II. WATAUGA
A. Watauga shall pay Fort Worth for Watauga's share of construction costs based on
the selected contractor's overall bid for all improvements within Watauga city limits.
Watauga share of construction cost shall not exceed $250,000.00 (Two Hundred
Fifty Thousand Dollars).
B. Watauga shall provide timely responses to Fort Worth project schedule updates,
information requests and updates, contractor 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 permanent 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 maintain
the Fort Worth Segment of the Arcadia Trail Connection.
D. Watauga shall maintain all improvements of the Watauga Segment, including trail
marking, striping, and signage, installed by Fort Worth on the Watauga side of
Whites Branch creek after the expiration of any warranties or other maintenance
obligations provided to Fort Worth by its contractor.
E. Watauga shall install, or cause to be installed, and shall maintain all required
signage, markings, and devices for the control of vehicular, bicycle, and pedestrian
traffic on Watauga rights-of-way and within Whites Branch Park after completion
of construction.
F. Watauga shall close public access to Whites Branch Park and Whites Branch Trail
between Yampa Trail and the south end of the existing trail loop "Y" approximately
300 feet south of Cedar View Court throughout the project (at a minimum, from
award of construction contract through final acceptance of project by both Fort
Worth and Watauga).
City of Fort Worth—City of Watauga
Intedocal Agreement Amendment No.1(Construction)
Arcadia Trail Connection CFW Project No.100317
Page 3 of 7
SECTION III. TERMS OF AGREEMENT
A. OWNERSHIP: Upon completion, and final acceptance by Watauga, the trail
improvements within Watauga's city limits described above and identified in the
construction documents shall become a part of Watauga's trail system for public
use.
B. TERM: This Agreement shall be effective upon full execution hereof, as described
below, and shall continue in force and effect for so long as the Arcadia Trail
Connection is used by the public.
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
Intedocal Agreement Amendment No.1(Construction)
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 Amendment No. 1 contains additional terms,
commitments and covenants of the parties to those found in the Agreement and
not explicitly or impliedly revoked herein. Any verbal or written commitment not
contained in the Agreement or expressly referred to in this Amendment 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 Amendment No.1(Construction)
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:
Fernando Costa Signature)
Assistant City Manager
(Date Signed) (Signatory's Printed Name)
� ,'i fr :;L (Signatory's Printed Title)
YZ
(Date Signed)
AT, T: ,. �,.,� /f/AN
AT
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Wiry J. Ka s ign to )
City Secretary /-) �
(Signatory's Printed Name)
/Tz-"
(Signatory' Printed Tit e)
CITYOF FORT WORTH SEAL: CITY OF WATAUGA SEAL:
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City of Fort Worth—City of Watauga
Intertocal Agreement Amendment No.1(Construction)
Arcadia Trail Connection CFW Project No.100317 ! j,
Page 6 of 7
CITY OF FORT WORTH
APPROVAL RECOMMENDED:
BY:
Ri and 1b9v I,, Director
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.
Dwight Tayl
Project Man ge
APPROVED AS TO FORM AND LEGALITY:
CITY OF FORT WORTH CITY OF WATAUGA
BY: BY:
ouglas W. Blac ignature)
Senior Assista City Attorney
ignatory's Printed Name)
(Signatory's Printed Title)
City of Fort Worth—City of Watauga
Interlocal Agreement Amendment No.1(Construction)
Arcadia Trail Connection CFW Project No.100317
Page 7 of 7 `°�
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