HomeMy WebLinkAboutContract 50574 PM CITY SECRETARY
CONTRACT N0.
00
INTERLOCAL AGREEMENT
s
INTERLOCAL COOPERATION AGREEMENT ("Agreement") is entered into by and
be --the CITY OF FORT WORTH a Texas home rule municipal corporation, acting by and
through its duly authorized City Manager, hereinafter referred to as "City" and the Tarrant Regional
Water District,a local government entity organized under the laws of the State of Texas acting herein
by and through its governing body, the Tarrant Regional Water District Board of Directors hereinafter
referred to as the 'District".
RECITALS
The City and District hereby agree that the following statements are true and correct and constitute the
basis upon which the City and District have entered into this Agreement:
WHEREAS, The City authorized improvements to the Fort Worth Nature Center and Refuge Facility
("Nature Center")via the Fort Worth Nature Center Boardwalk Redevelopment project on December 15,
2015 (M&C C-27578)City Secretary No.47370; and
WHEREAS, The City authorized an amendment to City Secretary No. 47370 for improvements to the
Nature Center Levee on December 6,2016(M&C C-28012),which included installation of a 8-foot wide,
79-foot long pedestrian bridge(Bridge#1)which was fabricated and delivered by the District; and
WHEREAS,The City authorized further improvements to the Nature Center Levee on December 12,
2017(M&C C-28513),which included levee modification and bridge construction by the District;and
WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the
Texas Government Code; and
WHEREAS, each governing body, in performing government functions or in paying for the performance
of governmental functions hereunder, shall make the performance that performance or those payments
from current revenues legally available to that party; and
WHEREAS,each governing body finds that the subject of this Agreement is necessary for the benefit
of the public and that each has the legal authority to perform and to provide the government functions
or services which are the subject matter of this Agreement; and
WHEREAS, each governing body finds that the performance of this Agreement is in the common
interest of both parties and that the division of costs fairly compensates the performing party for the
services or functions under this agreement; and
WHEREAS, each governing body agrees to share in the cost or p r o v i s i o n o f services described
below;
N � LNI OW,THERFORE, in consideration of the mutual benefits and promises contained herein and for other
RE EUM d and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties
as follows:
APR -32018
CITY OF FORT WORTH 1
CITY SECRETARY
CFW-TRWD—FWNC&R ILA Page 1 of 5
As the Fort Worth Nature Center Levee project progressed, the District and the City identified particular
issues with an existing low water crossing, ultimately determining that the addition of a second pedestrian
bridge would resolve the issues and improve public access within the Nature Center
2.
The District will manage the construction of bridge abutments and installation of an 8-foot wide,79-foot long
pedestrian bridge(Bridge#2)to be located south of Ten Mile Bridge Road,along the unimproved roadbed
known locally as"River Road,"at the junction between the West Fork of the Trinity River and the unnamed
creek that forms the northern boundary of Todd Island.
3.
The City will compensate the District $145,000.00 for the construction of the bridge abutments and
installation of the 8-foot wide, 79-foot long pedestrian bridge (Bridge #2). Payment will be made from
current revenues available to the City.
4.
All written notices called for or required by this Agreement shall be addressed to the following, or
such other party or address as either party designates in writing, by certified mail, postage prepaid, or
by hand delivery:
City: District:
Attn: Director Attn: General Manager
Park & Recreation Department 800 East Northside Drive
4200 South Freeway, Suite 2200 Fort Worth, Texas 76102
Fort Worth, Texas 76115-1499
Attn: City Attorney
City Attorney's Office
200 Texas Street
Fort Worth,TX 76102
5.
Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture
between the parties and any implication to the contrary is hereby expressly disavowed.It is understood
and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an
agent of any other party, for any purpose whatsoever.
6.
This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and
regulations, including, but not limited to, all provisions of the City's Charter and ordinances,as amended.
7.
The failure of either party to insist upon the performance of any term or provision of this Agreement or
to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon
appropriate performance or to assert any such right on any future occasion. This Agreement does not
CFW-TRWD—FWNC&R ILA Page 2 of 5
waive District's rights under a legal theory of sovereign or governmental immunity. This Agreement does
not waive City's rights under a legal theory of sovereign or governmental immunity
8.
Ifany action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas. This
Agreement shall be construed in accordance with the laws of the State of Texas.
9.
The provisions and conditions of this Agreement are solely for the benefit of the City and District and
are not intended to create any rights, contractual or otherwise, to any other person or entity.
10.
It is expressly understood and agreed by the parties to this Agreement that if the performance of
any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement
weather, governmental restrictions, regulations, or interferences, or delays caused by unforeseen
construction or site issues, fire or other casualty, court injunction, necessary condemnation
proceedings, acts of the other party, its affiliates/related entities and/or their contractors, or any
actions or inactions of third parties or other circumstances which are reasonably beyond the control
of the party obligated or permitted under the terms of this Agreement to do or perform the same,
regardless of whether any such circumstance is similar to any of those enumerated or not("Force
Majeure"), the party so obligated or permitted shall be excused from doing or performing the same
during such period of Force Majeure, so that the time period applicable to such performance shall
be extended for a period of time equal to the period such party was delayed due to the event of
Force Majeure.
11.
In the event of any dispute over the meaning or application of any provision of this Agreement,
this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against
any party, regardless of the actual drafter of this Agreement.
12.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
13.
This Agreement, including any exhibits attached hereto and any documents incorporated herein
by reference, contains the entire understanding and agreement between the City and District as to
the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby
declared null and void to the extent in conflict with any provision of this Agreement.
14.
This Agreement may be executed in multiple counterparts, each of which shall be considered an
original, but all of which shall constitute one instrument.
CFW-TRWD—FWNC&R ILA Page 3 of 5
REMAINDER OF THIS PAGE INTENTIONALLY BLANK
SIGNATURE PAGE TO FOLLOW
CFW-TRWD—FWNC&R ILA Page 4 of 5
IN WITNESS WHEREOF, the parties acting under authority of their respective governing bodies have
caused this Agreement to be duly executed in several counterparts, each of which is deemed to be an
original, effective as of the date subscribed by the party whose signature makes this document fully
executed.
CITY OF FORT WORTH TAI ATER DISTRICT
Susan Alanis Jim liver
Assistant City Manager General Manager
Dater ( Date:
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ATTEST:
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By. e(�v� .,d,., By: I rNA-6-►'y
ser yecreary
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(CITY'S SEAL) ; �=
Recomme ed
R and Z vala,Dire ar rk&Recreation
Contract Compliance Manager:
By signing, 1 acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
req irements. ,
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e: Tonda Rice
Title:Project Manager
APPROVED AS TO FORM and Legality
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cz— rz— r� 1295:
Douglas W Black
Sr. Assistant City Attorney
CFW-TRWD—FWNC&R ILA Page 5 of 5
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 12/12/2017
REFERENCE ** 80NATURE CENTER &
DATE: 12/12/2017 NO.: C-28513 LOG NAME: REFUGE SECOND
PEDESTRIAN BRIDGE
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Reallocate and Transfer Excess Funds in the 2004 Park Bond Program from the
Completed Athletic Field Lighting Project to an Incomplete Walks and Trails Project,
Reallocate Previously Appropriated 2014 Bond Funds Within the Nature Center Levee
Rehabilitation Project of the PACS Improvements Fund for a Levee Modification and
Pedestrian Bridge Project, and Authorize the Execution of an Interlocal Agreement with
the Tarrant Regional Water District in the Amount of$145,000.00 for the Levee and
Bridge Project at the Fort Worth Nature Center and Refuge (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize reallocation and transfer of$98,156.44 in excess funds in the 2004 Park Bond Program
from the Athletic Field Lighting project, which is complete, to the Walks and Trails Project at the
Nature Center, for which additional funding is needed;
2. Authorize the reallocation of$101,495.00 in previously appropriated funds within the Nature Center
Levee Rehabilitation Project of the PACS Improvements Fund from direct improvements to a levee
modification and bridge project, with no increase to the total appropriation; and
3. Authorize execution of an Interlocal Agreement with the Tarrant Regional Water District (TRWD) in
the amount of$145,000.00 for the levee modification and bridge construction project at the Fort
Worth Nature Center& Refuge.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to take actions to reallocate funds
and authorize an Agreement with TRWD for a levee modification and bridge project that will improve
walks and trails across the levee while facilitating the levee's continued safe operation, all as a part of
the Nature Center Levee Rehabilitation Project.
Proiect Description
As further detailed below, the 2004 bond election included funds for walk and trail improvements at
the Fort Worth Nature Center& Refuge (FWNC&R), while the 2014 bond election included funds for
an FWNC&R levee project that provides connectivity improvements.
The condition of the levee did not allow for a pedestrian crossing by parkgoers— in particular when
the upstream floodgates need to be opened. However, with the lake being closer to capacity than it
was during the drought preceding the 2014 bond election, the ability to make direct improvements to
the levee has been limited.
The solution that was decided upon involves lowering an existing low water crossing on the levee to
allow water to more readily be impounded on both sides, reducing erosion issues and allowing for
more equalized pressure. In connection with this action a bridge would be added to improve the
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pedestrian crossing and connectivity without impeding the flow of water at the lowered low water
crossing or a previously installed sluice channel. The plan calls for TRWD to manage construction
with the City contributing funding.
Proposed Funding
In the 2004 bond election Proposition Two authorized issuance of$21,615,000.00 in debt obligations
for "Parks, Recreation, and Community Center Improvements." The bond booklet distributed prior to
the election identified $1,315,000.00 of that amount to be used for"Replacement of Existing
Deteriorated Ballfield Lighting" at certain specified parks and $1,429,700.00 for "Walk and Trail
Replacement" at identified parks, including two projects at the FWNC&R. The athletic ballfield lighting
system improvements in the 2004 Bond Program have all been completed with an excess of
$98,156.44 remaining available.
In 2014 voters approved issuance of$31,440,000.00 in obligation for "Parks, Recreation, and
Community Center Improvements"with $350,000.00 allocated to the "Nature Center Levee" per the
bond booklet. In the booklet the levee project was described as "Reconstruction of existing levee to
prevent further deterioration of existing infrastructure and to allow access to 1,000+ acres of Nature
Center land, which is currently inaccessible due to levee conditions."
Adoption of the first two recommendations would reallocate excess 2004 bond funds from the
completed athletic field lighting to the bridge project as part of the in- process walk and trail
improvements of the 2004 Bond Program and also reallocate $101,495.00 in appropriated but
unspent 2004 funds in the levee project from use for direct City improvements to the TRWD-led
project to lower the low water crossing of the levy and construct the bridge. Adoption of this M&C
would also serve as the City Council finding that these uses of funds are consistent with the purpose
of each of these series of bonds as approved by the voters.
Funding is summarized in the table below:
Source Remaining AppropriationliProposed I Total
34014 - 2014 Bond ProgramF $43,505.44 N/A $43,505.44
39801 - 2004 Bond Programi J$101,494.56 $101,494.56
Total $43,505.4411$101,494.5611$145,000.00
An annual maintenance cost of$1,450.00 is expected for this project. Construction is anticipated to
commence in February 2018 and be completed in April 2018.
A portion of this project's funding will include 2014 Bond Funds. Available resources within the
General Fund will be used to provide interim financing for these expenses until debt is issued. Once
debt associated with this 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. 21241-05-2014) and the subsequent
ordinance authorizing debt issuance in 2016 (Ordinance No. 22216-05-2016).
The Fort Worth Nature Center& Refuge is located in COUNCIL DISTRICT 7.
This contract will be with a governmental entity, state agency or public institution of higher education:
Tarrant Regional Water District.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are included in the Adopted Budget of the 2014 Bond
Program and that upon approval of the above recommendations, funds will be available in the current
capital budget as appropriated, of the PACS Improvements Fund.
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TO
Fund Department Account Project Program Activity Budget Reference# Amount
1 ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I ID I Year Chartfield 2
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek(5744)
ATTACHMENTS
FWNC Second Bridge Location Map rev.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=25356&councildate=12/12/2017 4/3/2018