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Home My WebLink AboutContract 46707-A1 CITY SECRETARY CCNTRACT NO... Lt1o107-A�1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.46707 �G 'L AN INTERLOCAL AGREEMENT FOR CHADWICK FARMS PARK BETWEEN THE CITY OF FORT WORTH AND G�yOF S�GQ�(F THE TRINITY RIVER AUTHORITY OF TEXAS THIS FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 46707("First Amendment"), is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation ("City") acting by and through its duly authorized Assistant City Manager, and the Trinity River Authority of Texas("TRA"),a conservation and reclamation district and political subdivision of the State of Texas,created by and functioning under TEX.REV.CIV. STAT.ANN.Art. 8280-188,and acting pursuant to the power granted by that article and general law, by and through it duly authorized General Manager. WHEREAS,on May 28,2015,the City and TRA executed an Interlocal Agreement for Chadwick Farms Park,the same being City Secretary Contract No. 46707("Agreement"); WHEREAS, TRA has requested and the City has agreed that the Agreement should be amended to provide for an additional License Period to allow TRA to complete its Project; NOW,THEREFORE, in consideration of the mutual covenants and agreements contained herein, the City and TRA do mutually covenant and agree to amend the Agreement as follows: I. Section I, "Term", Subsection(b)"Extension of License Period for Park Entrance Area Improvement or for other purposes"is hereby amended, in whole,to read as follows: b. Extension of License Period. i. TRA is granted an additional License Period ("Additional License Period") beginning on January 2, 2018 and ending at 11:59 p.m. on July 21, 2018 as reflected in the Construction Schedule attached hereto as Exhibit I and incorporated by reference. As consideration for this Additional License Period, TRA shall,contemporaneously with executing the First Amendment,deliver to the office of the City's Park & Recreation Department, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115, payment of an additional License Fee of Fifty Thousand Dollars and No Cents($50,000.00). ii. If the Park Entrance Area improvements are not completed prior to the expiration of the Additional License Period,then TRA shall be granted an additional term of thirty (30) consecutive calendar days to complete such improvement at no additional cost to TRA, with such term to begin the day fol the Additional License Period. If it becomes necessary forrhtift "Itr extension,then TRA must notify the City, in wiring, at least � aH&VO orU ITE'�E�G�tETARY First Amendment to CSC 46707 FT, VWQR a H!TX to the expiration of the Additional License Period of its intent to extend the License Period for this particular purpose. A failure to give the City notice in a timely manner will result in TRA paying the monthly fee set forth below. iii. If TRA fails to complete all obligations hereunder in accordance with this Agreement on or before the expiration of the Additional License Period,including, but not limited to,pipe replacement operations and restoration of the Park,but not the completion of the Park Entrance Area improvements(unless TRA fails to give the required notice),then TRA agrees to extend the Additional License Period on a month-to-month basis at a charge of$10,000.00 per month or part thereof. Such compensation shall be paid to the City without demand and without offset. A like payment shall be made to the City by TRA in the event that TRA fails to complete the Parking Entrance Area improvement during the thirty(30)day extension term afforded for such improvements set forth in Section I.b.ii. iv The extension of the Additional License Period in Section I.b.iii. shall occur and renew automatically each month until TRA receives notice from the City that all of its obligations under the Agreement have been completed,which notice the City shall not unreasonably withhold. Notwithstanding anything to the contrary, the City may terminate the extended License Period at any time and for any reason. V. TRA shall meet with staff to determine an acceptable way to cross the eroding channel that feeds into the pond without impeding flow and avoid adding additional siltation from entering into the pond. II. a. All other terms and provisions of the Agreement between the City and TRA shall remain in full force and effect except as specifically amended or set forth in this First Amendment. b. All terms in this First Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. [SIGNATURES ON FOLLOWING PAGE] First Amendment to CSC 46707 2 of 4 IN WITNE WHEREOF the parties have executed this First Amendment in multiples, this �f�. day of 7 52017. CITY OF FORT WORTH TRINITY RIVER AUTHORITY OF TEXAS t By: By: Susan lanis evin ard ssistant City Manager eneral Manager ATTEST: ATTEST oma. d S. obodin Cite Secretary "cretary, BoarqdNE��tIJ�{dfe1i Recommended By: TEXAS. * �•�•• ••�';�'f�'y . 0 . t m Ricand Zavala Or yj �•• �•.�� Director Park& Recreation Department 001111,10,, ��!!•••!!!!*!�!' CO lel 1 1,11111111110 APPROVED AS TO FORM PowardS. S TO FORM AND LEGALITY: T Richard A. McCracken odin Assistant City Attorney General Counsel Contract Authorization: M&C: L-15729(November 4,2014); M&C: �_��1q Form 1295: NA Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all p rmancc and reporting requirements. OFFICIAL REC®R® CM SECRETARY Cornell Gordon FT WORTH,TX Park Planner First Amendment to CSC 46707 3 of 4 a' a n 9 Menrletta Creak(NC=1)httetceptor ,��.. City of Fart Worth Property(Chadwick Farms) n +h r..nen Bb LL1 ww ..YUY 1y 41111 ...•...•� � .•—. avtMA +r...xlt � p - 1wv0em0 ' A itdnl 1.1410 NWU 1 OAwww. rs+v.0erty+. :*. 10N �W:A _ sr .. Lis. ♦tt„x:rtt . , C1ivw+�cvYTt+tAnrr. �s YdW .e. 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L RMYY1 K LYN tIw4WY TM 404Y �� n .. n iaa A/!b'�e A0+-09Va3v �. em M aAw I iaRl waen+flli OLiIYVAMeAiW IeP I'0R r1 t1AA N1JWY 11w 4YtU vwi4WY A,w4w. n hwG.e+.]ww+w ell !rw aw 4l4Y Ut04wY ww d 0 a City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/12/2017 DATE: Tuesday, December 12, 2017 REFERENCE NO.: **L-16099 LOG NAME: 80AMENDMENT TO CHADWICK FARMS PARK TRA TEMP ACCESS AGREEMENT SUBJECT: Authorize Amendment to Interlocal Agreement with Trinity River Authority of Texas for Use of a Portion of Chadwick Farms Park for Temporary Access and Workspace for Installation of a Sanitary Sewer Service Line and Construction of a Secondary Park Entrance to Authorize Additional License Period Not to Exceed Two Hundred Days (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize execution of amendment to the Interlocal Agreement with Trinity River Authority of Texas for use of a portion of Chadwick Farms Park for temporary access and workspace for installation of a sanitary sewer service line and construction of a secondary park entrance to authorize an additional license period not to exceed two hundred days. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the amendment of an Interlocal Agreement with the Trinity River Authority of Texas (TRA) (City Secretary Contract No. 46707) permitting the use of a portion of Chadwick Farms Park (Park) as temporary access and workspace for the installation of a sanitary sewer service line and the construction of a secondary entrance to the Park. This amendment will extend the license period for a period not to exceed 200 days. TRA is requesting an amendment to the existing Agreement which was authorized by the City Council on November 4, 2015 (M&C L-15729), due to a delay in revised permitting with the United States Army Corps of Engineers. This delay prevented TRA contractors from meeting the timelines within the executed access Agreement. Due to the project delay, TRA mobilized on the park but infrastructure was not installed within the timeline of the executed Agreement. TRA paid the City $50,000.00 under the original Agreement. TRA has agreed to pay the City an additional $50,000.00 as consideration for the additional license period. The project seeks to use of approximately 2.8 acres (approximately 120,000 square feet) of the Park for a period of 200 days to serve as temporary access, workspace and storage associated with its plan to replace an existing sanitary sewer service line that sits within TRA's easement inside of the Park. The existing 30-inch diameter sanitary sewer service line services the City of Northlake and the City of Fort Worth and will be replaced with a new 78-inch sewer line. To minimize harm and significantly reduce the amount of impact to the Park, TRA has agreed to replace the line within its existing easement, which necessitates the temporary access and workspace requirements. As part of the original Agreement, TRA is required to construct a new parking lot and second entrance to the park. This work will be completed during the additional license period. It is recommended that the funds generated be dedicated for park improvements, in accordance with the Park and Recreation Department Facility Development Guidelines. TRA will be responsible for repairing and restoring the Park to a condition as similar to or better than that which existed prior to the Logname: 80AMENDMENT TO CHADWICK FARMS PARK TRA TEMP ACCESS AGREEM... Page 1 of 2 construction. This M&C does not request approval of a contract with a business entity. Chadwick Farms Park is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies the Park and Recreation Department is responsible for the collection and deposit of funds due to the City FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun I ID ID Year (Chartfield 2) FROM ,Fund± Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS 1 Copy of Chadwick Farms Temp Acess FIDS.pdf (CFW Internal) 2. MC Map chadwick r aerial 1 rev.pdf (Public) 3. MC Map chadwick r route.pdf (Public) Logname: 80AMENDMENT TO CHADWICK FARMS PARK TRA TEMP ACCESS AGREEM... Page 2 of 2