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:
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Fernando Costa (Signature)
Assistant City Manager
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(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:
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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)
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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. WORTH,TX
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