HomeMy WebLinkAboutContract 55377 CSC No.55377
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
AND THE CITY OF ARLINGTON, 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 ARLINGTON,a Texas home-rule municipality,with
its principal office at 101 W. Abram Street, Arlington, Texas 76010 ("Arlington").
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 orfunctions
under this Agreement; and
WHEREAS, a trail system approximately five (5) miles in length is proposed
between River Trails Park (in Fort Worth) and River Legacy Park (in Arlington); and
WHEREAS, both Fort Worth and Arlington desire to incorporate a pedestrian bridge
that would link the two municipalities by cost sharing of the design and construction of the
bridge and connecting the Fort Worth trail to the Arlington trail system; and
WHEREAS, the pedestrian bridge and trail connection will benefit both Fort Worth
and Arlington trail users by connecting over ninety (90) miles of the existing Trinity Trail
system in Fort Worth with the over eight (8) miles of River Legacy trail system in
Arlington; and
WHEREAS, Fort Worth has funded and completed Schematic Design (30%
Construction Document level) plans and cost estimate and presented those for
consideration by Arlington; and
City of Fort Worth—City of Arlington OFFICIAL RECORD
Interlocal Agreement
River Trails Park to River Legacy Trail project CITY SECRETARY
CFW Project No.101767 Page 1 of 7
FT. WORTH, TX
WHEREAS,Arlington will reimburse Fort Worth for Arlington's share of design and
construction costs for the Arlington segment of the trail connecting the pedestrian bridge
to the River Legacy trail system and up to half of the design and construction cost of
constructing the pedestrian bridge and connecting it to the River Legacy trail system; and
WHEREAS, Arlington is able and willing to provide access and funding, at the
appropriate time, for construction of the pedestrian bridge and trail connection to the River
Legacy trail system within the Arlington city limits; and
WHEREAS, Fort Worth is able and willing to design and construct both the Fort
Worth Segment and the Arlington Segment of the River Trails Park to River Legacy Trail
project;
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 Arlington concerning design of the Trinity River
bridge crossing and approximately 1000 linear feet of the Arlington Segment of the
River Trails Park to River Legacy Trail project (Project) and maintain a project
schedule throughout the design phase of the project.
B. Fort Worth shall provide Arlington with timely project updates and periodic
requests for Arlington's payment of their share of project costs throughout the
project.
C. Fort Worth shall obtain professional engineering related consultant services for
preparation of construction documents for the Project necessary for the design of
both the Fort Worth Segment and the Arlington Segment of the Project.
D. Fort Worth shall ensure that its consultant designs both the Fort Worth Segment
and the Arlington Segment of the River Trails Park to River Legacy Trail project
to the specifications approved by both Fort Worth and Arlington.
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 Arlington
from performing its own inspection of project conformance with TAS
requirements.
F. Fort Worth shall bid out the construction of the Project in accordance with all
applicable local, state, and federal laws and ensure that the construction of the
project is to be made in compliance any applicable local, state, or federal laws.
City of Fort Worth—City of Arlington
Interlocal Agreement
River Trails Park to River Legacy Trail project
CFW Project No.101767 Page 2 of 7
G. Fort Worth shall require any consultant or contractor on the project to carry
Commercial General Liability, Automobile Liability and Workers' Compensation
insurance. Design consultants shall carry Professional Liability insurance.
Arlington is to be named as an additional insured on all policies except workers
compensation and professional liability insurance with waiver of subrogation in
favor of Arlington on all policies except professional liability insurance.
H. Fort Worth shall require the contractor to add a rider in favor of the City of Arlington
as an additional obligee to the Performance, Payment, and Maintenance Bonds.
I. Fort Worth shall consult with Arlington in the development of construction standard
specification, plans and details. The standard specification, plans, and details shall
be approved by both Fort Worth and Arlington prior to bidding out the construction
contract for the Project. Fort Worth shall bear all costs of CMT required throughout
the duration of the project.
SECTION II. ARLINGTON
A. Arlington shall reimburse Fort Worth for half of the design and construction of the
pedestrian bridge and the full cost of design and construction of the Arlington
segment of the trail connecting the bridge to the River Legacy trail system as
shown in Exhibit A. Arlington's estimated portion of all design costs is Twenty-
Two Thousand Eight Hundred Thirty Dollars ($22,830). Arlington's estimated
portion of all construction costs is Six Hundred Twenty-Four Thousand Eight
Hundred Fifty-Two Dollars and Fifty Cents ($624,852.50). The cost estimates are
included herein as Exhibit B, incorporated herein by reference as if written word
for word. Notwithstanding any other provision herein, any Arlington costs that
exceed these estimates by more than the lesser of ten percent (10 %) or Fifty
Thousand Dollars ($50,000) shall be subject to approval by the Arlington City
Council.
B. Arlington shall reimburse Fort Worth for design costs when the project is
advertised for bids. Arlington shall reimburse Fort Worth for the cost of
construction in two installments: when the bridge and previously described
Arlington trail segment are 50% constructed (50% of construction costs) and
100% constructed (remaining 50% of construction costs).
C. Arlington shall provide timely responses to Fort Worth regarding information
requests and updates,design submittal review comments, and requests for
Arlington payments of their share of design and construction costs.
D. Arlington hereby grants Fort Worth a license for the temporary use of Arlington's
rights-of-way and the River Legacy Park for ingress and egress as is reasonably
necessary to design and construct the Project.
City of Fort Worth—City of Arlington
Interlocal Agreement
River Trails Park to River Legacy Trail project
CFW Project No.101767 Page 3 of 7
E. Arlington shall provide the inspectors for any inspections required under a
construction contract for the Arlington segment of the project.
SECTION III. TERMS OF AGREEMENT
A. OWNERSHIP AND MAINTENANCE: Upon completion and final acceptance by
the Cities of Fort Worth and Arlington, each City will own and maintain its portion
of the trail and bridge associated with the ownership or other rights of the property
it is built upon. The design documents of the River Legacy Park trail improvements,
if not constructed within a reasonable period of time, shall be conveyed to Arlington
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 and construction services
are complete, unless amended in writing by both parties hereto, in which case, any
term provision in the amendment shall control. Either party shall have the right to
terminate this agreement for any reason, with or without cause, upon 90 days
written notice to the other party. Upon receipt of termination notice from Arlington,
Fort Worth shall stop all work in progress on the Arlington segment of the trail and
pedestrian bridge, including any design or construction contracts. Arlington shall
pay Fort Worth for all work performed in accordance with the provisions of this
Contract prior to the date of termination. Fort Worth shall invoice Arlington for all
work performed within thirty (30) days of the termination date. Arlington shall not
be responsible for payment of any invoices received after the expiration of thirty
(30) days from the termination date.
C. NOTICES: All notices or communications provided for herein shall be electronically
or hand-delivered to Arlington and Fort Worth or, if mailed, shall be sent to Arlington
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: ARLINGTON:
Richard Zavala, Director Lemuel Randolph, Director
Park & Recreation Department Parks and Recreation
4200 South Freeway, Suite 2200 717 W. Main Street
Fort Worth, Texas 76115 Arlington, Texas 76013
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,
City of Fort Worth—City of Arlington
Interlocal Agreement
River Trails Park to River Legacy Trail project
CFW Project No.101767 Page 4 of 7
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.
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.
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 ARLINGTON
BY: BY:
1/?e,OPiz� Gf�����ii�iv Geriuel,eandolph
Valerie Washington(Mar 5,202112:44C Lemuel Randolph(Jan 20,202117:10 CST)
Valerie Washington Lemuel Randolph
Assistant City Manager Director, Parks and Recreation
Mar 5,2021 Jan 20, 2021
(Date Signed) (Date Signed)
City of Fort Worth—City of Arlington OFFICIAL RECORD
Interlocal Agreement
River Trails Park to River Legacy Trail project CITY SECRETARY
CFW Project No.101767 Page 5 of 7
FT. WORTH, TX
ATTEST: ATTEST:
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Alex Busken(Jan 21,202112:29 CST)
Mary J. Kayser (Signature)
City Secretary Alex Busken
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CITYOF FORT WORTH SEAL: CITY OF ARLINGTON SEAL:
City of Fort Worth—City of Arlington OFFICIAL RECORD
Interlocal Agreement
River Trails Park to River Legacy Trail project CITY SECRETARY
CFW Project No.101767 Page 6 of 7
FT. WORTH, TX
CITY OF FORT WORTH
APPROVAL RECOMMENDED:
BY:
Richard zayala
Richard Zavala(Feb 25,202110:11 CST)
Richard Zavala, 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.
C kl, -
nce Bryant
ct Mana er
APPROVED AS TO FORM AND LEGALITY:
CITY OF FORT WORTH CITY OF ARLINGTON
TERIS SOLIS, City Attorney
BY: BY:
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Mack(Feb 25,202110:42 CST) Eliza iller Atkinson(Jan 21,202112:14 CST)
Douglas W. Black (Signature)
Senior Assistant City Attorney Elizabeth Miller Atkinson
(Signatory's Printed Name)
Assistant City Attorney
(Signatory's Printed Title)
City of Fort Worth—City of Arlington OFFICIAL RECORD
Interlocal Agreement
River Trails Park to River Legacy Trail project CITY SECRETARY
CFW Project No.101767 Page 7 of 7
FT. WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/12/21 M&C FILE NUMBER: M&C 21-0061
LOG NAME: 80TRINITY TRAILS-RIVER TRAILS PARK TO RIVER LEGACY PARK TRAIL
SUBJECT
(CD 5)Authorize Execution of Amendment No.2, in the Amount of$480,685.00,to the Engineering Agreement with Halff Associates, Inc.,for Final
Design and Engineering Services of the Trinity Trails-River Trails Park to River Legacy Park Trail Project,Authorize Execution of an Interlocal
Agreement with the City of Arlington,Texas for Design and Construction Costs in an Amount Up to$647,682.50 and Adopt Appropriation
Ordinance(2018 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of Amendment No.2,in the amount of$480,685.00,to City Secretary No.51936,an engineering agreement with Halff
Associates, Inc.,for final design and engineering services of the Trinity Trails-River Trails Park to River Legacy Park Trail project(City
Project No. 101767);
2. Authorize execution of an Interocal Agreement with the City of Arlington,Texas in an amount up to$647,682.50 for design and construction
costs for the Arlington segment of the trail connecting a pedestrian bridge to the River Legacy trail system;and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Intergovernmental Contribution Fund in
an amount up to$647,682.50 for the Trinity Trails-River Trails Park to River Legacy Park Trail project.
DISCUSSION:
The purpose of this Mayor and Council Communication(M&C)is to authorize the execution of Amendment No.2, in the amount of$480,685.00,
to City Secretary Contract No.51936,an engineering agreement with Halff Associates, Inc.,for final design and engineering services of the Trinity
Trails-River Trails Park to River Legacy Park Trail project.
On December 11,2018,the City Council authorized a contract with Halff Associates, Inc.,for the preparation of a trail alignment study and
schematic design plans for the Trinity Trails-River Trails Park to River Legacy Park Trail project in the amount of$148,000.00(M&C C-28980).
Contract Amendment No. 1 in the amount of$98,695.00 was administratively executed on July 10,2020,for the purpose of preparing metes and
bounds exhibits and legal descriptions for permanent and temporary trail easements.
The purpose of contract Amendment No.2 is to provide final design and engineering-related services for this trail project that is located in east
Fort Worth and will complete the last 4 miles of the Trinity Trails system connecting the City of Fort Worth trail system with the City of Arlington trail
system.The 12-foot wide trail extension will begin at River Trails Park(approximately 3/4 of a mile east of Interstate Highway 820(IH820)and 1/4
of a mile south of Trinity Boulevard)and end at the west terminus of the River Legacy Park Trail in Arlington(approximately 1/4 of a mile east
northeast of the intersection of Greenbelt Road and Trammel Davis Road, near the south bank of the West Fork Trinity River).
The 2018 Bond Program allocated the amount of$4,000,000.00 for Trinity Trails connections which include the design and construction for the
expansion of the Trinity Trails system,including the trail connection from River Trails Park to River Legacy Park at the boundary with the City of
Arlington.
The City of Fort Worth and the City of Arlington formulated an Interocal Agreement(ILA)for the sharing of design and construction costs for the
Arlington segment of the trail connecting the pedestrian bridge to the River Legacy trail system and up to half of the design and construction cost of
constructing the pedestrian bridge and connecting it to the River Legacy trail system.
This project is included in the 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt
is issued.Once debt associated with the project is sold,bond proceeds will reimburse the General Fund in accordance with the statement
expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election(Ordinance No.23209-05-2018).
M/WBE OFFICE- Halff Associates, Inc.is in compliance with the City's BDE Ordinance by committing to 25%SBE participation on Amendment
#2 on this project.The City's SBE goal on Amendment#2 on this project is 9%.
The Trinity Trails-River Trails Park to River Legacy Park Trail project is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Trinity Trails Connection project within the 2018 Bond Program Fund and
upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the 2018 Bond
Program Fund for the Trinity Trails Connection project to support the approval of the above recommendations and authorize execution of the
Amendment. Prior to an expenditure being incurred,the Park&Recreation Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office by. Valerie Washington 6192
Originating Business Unit Head: Richard Zavala 5711
Additional Information Contact: Joel McElhany 5745