HomeMy WebLinkAboutContract 63285CSC No. 63285
INTERLOCAL AGREEMENT
This INTERLOCAL COOPERATION AGREEMENT ("Agreement") is entered into by and
between 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
WHEREAS, The City Council adopted the River Connect Concept as the Riverside Park Master Plan on
October 12, 2010 (M&C L-15080) 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 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 provision of services described below;
NOW, THERFORE, in consideration of the mutual benefits and promises contained herein and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
AGREEMENT
1. The District shall, based upon its particular areas of expertise, be responsible for the following items
related to a canoe/kayak facility and a concrete trail (the "Improvements") in Riverside Park:
• Canoe/kayak launch facility: processing and approval of all USACE permit applications, bidding,
and construction. Upon completion of construction, the District shall assume responsibility for the
maintenance and operation of the canoe/kayak launch facility for as long as it owns the property
on which the facility is situated, or until such responsibility is transferred by separate agreement.
The City shall assist the District with preparation of USACE permit application forms upon request
by the District.
• Concrete trail: bidding and construction of a 1,500-feet long and 8-feet wide concrete trail at the
north side of the park: inclusive of compliance with final TDLR inspection.
2. The City shall, upon completion of construction of the Improvements by the District, reimburse the
District for construction in an amount up to but not exceeding $550,000.00). Payment shall be made by the
OFFICIAL RECORD
CFW-TRWD — RIVERSIDE COMMUNITY PARK ILA CITY SECRETARY Page 1 of 6
FT. WORTH, TX
City from current funds appropriated to the project. The City shall provide no other reimbursements or
payments for any other items related to the Improvements.
3. NOTICES. All written notices called for or required by this Agreement shall be addressed to the
following, or such other party or address as either parry designates in writing, by certified mail, postage
prepaid, or by hand delivery:
City:
Attn: Director
Park & Recreation Department
100 Fort Worth Trail
Fort Worth, Texas 76102
Attn: City Attorney
City Attorney's Office
100 Fort Worth Trail
Fort Worth, TX 76102
District:
Attn: General Manager
800 East Northside Drive
Fort Worth, Texas 76102
4. RELATIONSHIP OF THE PARTIES. 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.
5. REGULATORY BODIES AND LAWS. 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.
6. PUBLIC FUNDS. The obligations of the parties under this Agreement are subject to any necessary
approvals by their respective governing bodies, as well as any legal or budgetary requirements governing
the expenditure of public funds. Each party in paying for performance hereunder shall make any required
payments from current revenues available to the paying party.
7. WAIVER 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 parry's right
to insist upon appropriate performance or to assert any such right on any future occasion. This Agreement
does not 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. GOVERNING LAW AND VENUE. If any 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. SCOPE AND APPLICABILITY. 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. FORCE MAJEURE 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
CFW-TRWD — RIVERSIDE COMMUNITY PARK ILA Page 2 of 6
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. INTERPRETATION. 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. Captions and headings used in this Agreement are for reference
purposes only and shall not be deemed a part of this Agreement.
13. SOLE AGREEMENT. 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. AUTHORITY TO EXECUTE. Each person signing on behalf of the Parties hereby confirms that
they have the authority to execute this Agreement on behalf of the Party indicated by their signature.
15. SUCCESSION AND ASSIGNMENT. This Agreement is binding upon and shall inure to the benefit
of the Parties, their heirs, successors and assigns. This Agreement may not be assigned by any Party hereto
without the prior written notice to, and prior written approval by, the other Parties, which consent may be
withheld without cause.
16. REMEDIES. Nothing in this Agreement shall be construed as, in any manner, to abridge, limit or
deprive any Parry hereunto of any means which it could otherwise have of enforcing any right or remedy
either in law or in equity for breach of any of the provisions hereof.
17. SEVERABILITY. The Parties hereto specifically agree that in case any one or more of the sections,
subsections, provisions, clauses, or words of this Agreement or the application of such sections, subsections,
provisions, clauses, or words to any situation or circumstance should be, or should be held to be, for any
reason, invalid or unconstitutional, under the laws or constitutions of the State of Texas or the United States
of America, or in contravention of any such laws or constitutions, such invalidity, unconstitutionality, or
contravention shall not affect any other sections, subsections, provisions, clauses, or words of this
Agreement or the application of such sections, subsections, provisions, clauses, or words to any other
situation or circumstance, and it is intended that this Agreement shall be severable and shall be construed
and applied as if any such invalid or unconstitutional section, subsection, provision, clause, or word had
not been included herein, and the rights and obligations of the Parties hereto shall be construed and remain
in force accordingly.
18. NO THIRD PARTY BENEFICIARIES. This Agreement shall inure only to the benefit of the Parties
hereto and third persons not privy hereto shall not, in any form or manner, be considered a third -party
beneficiary of this Agreement.
CFW-TRWD — RIVERSIDE COMMUNITY PARK ILA Page 3 of 6
19. TERM AND TERMINATION. Notwithstanding any provisions herein that are intended to survive
the term of this Agreement, this Agreement shall take effect on the Effective Date and shall remain in
effect through/until December 31, 2027, unless terminated earlier as provided herein. Each Party
reserves the right to terminate this Agreement in whole or in part. Notice of termination must be
provided in writing, setting forth the reasons for termination, providing for a minimum of thirty (30)
days to cure any defect. Termination is effective only in the event the Party fails to cure the defect within
the period stated in the termination notice including any written extensions. If the Agreement is terminated,
NCTCOG shall only be liable for eligible expenses incurred before the effective date of termination. The
Parties may terminate this Agreement at any time by mutual written concurrence.
IN WITNESS THEREOF, the Parties hereto acting under authority of their respective governing
bodies have caused this Agreement to be duly executed in multiple counterparts, each of which shall
be considered an original, but all of which shall constitute one instrument, all as of the day and year
first written above, which is the Effective Date of this Agreement.
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SIGNATURE PAGE TO FOLLOW
CFW-TRWD — RIVERSIDE COMMUNITY PARK ILA Page 4 of 6
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 parry whose signature makes this document fully
executed.
CITY OF FORT WORTH
TARRANT REGIONAL WATER DISTRICT
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By: Dana Burehdoff(Mav .20251S:f9CDT)
By: Daniel Buhman(Mav 7.202508:18 CDT1
Dana Burghdoff,
Dan Buhman
Assistant City Manager
General Manager
05/15/2025Date:
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05/07/2025
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Date:
ATTEST:
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By:
By:
Jannette Goodwin,
Lexi McCalip,
City Secretary
Floodway & Construction Director
(CITY' S SEAL)
Recommended
By:
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Dave Lewis, Director Park & Recreation
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.
Name: Jing Yang
Title: Landscape Architect Manager
APPROVED AS TO FORM and Legality
Douglas Black (May 14, 2025 15:35 CDT)
Douglas Black
Sr. Assistant City Attorney
CFW-TRWD — RIVERSIDE COMMUNITY PARK ILA
APPROVED AS TO FORM and Legality
S-fechen Tatum
Stephen fatum (Mar 24. 2025 08:35 CDT)
Stephen Tatum
General Counsel
Tarrant Regional Water District
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX Page 5 of 6
The following attachments are incorporated into this Agreement. To the extent a conflict exists
between the main body of this Agreement and the following attachments, the language in the main
body of this Agreement shall be controlling.
Included Attachment
❑X Attachment A — Mayor and Council Communication
❑X Attachment B — Location Map
CFW-TRWD — RIVERSIDE COMMUNITY PARK ILA Page 6 of 6
3/19/25, 1:06 PM
Attachment A
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 1/14/2025 REFERENCE
NO.:
CODE: C TYPE:
Official site of the City of Fort Worth, Texas
FoRTWoRm
**M&C 25- LOG NAME: 80RIVERSIDE PARK ILA
0002 WITH TRWD
CONSENT PUBLIC NO
HEARING:
SUBJECT. (CD 11) Authorize Execution of an Interlocal Agreement with Tarrant Regional Water
District for Reimbursement of Construction Costs in an Amount Not to Exceed $550,000.00
for the Improvements at Riverside Park, Adopt Appropriation Ordinances Totaling
$600,000.00 from Available Funds, and Amend the Fiscal Year 2025-2029 Capital
Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Interlocal Agreement with Tarrant Regional Water District in an
amount not to exceed $550,000.00 for the City's reimbursement of eligible construction
costs for the purpose of funding the improvements at Riverside Park project (City Project No.
105822);
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the PARD Dedication Fees Fund in the amount of $89,901.80, from available Park Planning
Fee, for the purpose of funding the Improvements at Riverside Park project (City Project No.
105822);
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the PARD Dedication Fees Fund in the amount of $436,244.00, from available Park
Planning Fee within the Park Planning District 4.1-1 (City Project No. UN8088), 4.1-2 (City
Project No. UN8089), 4.1-4 (City Project No. UN8091) and 4.13-4 (City Project No. UN8154),
for the purpose of funding the Improvements at Riverside Park project (City Project No.
105822);
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the PARD Gas Lease Capital Project Fund in the amount of $73,854.31, from available Gas
Lease Bonus, for the purpose of funding the Improvements at Riverside Park project (City
Project No. 105822); and
5. Amend the Fiscal Year 2025-2029 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an
Interlocal Agreement (ILA) with the Tarrant Regional Water District (TRWD) in an amount not to
exceed $550,000.00 for the City's reimbursement of eligible construction costs for the improvements
at Riverside Park (City Project No. 105822).
On October 12, 2010, the City Council adopted the River Connect Concept Plan as the Riverside Park
Master Plan (M&C L-15080). The proposed plan is consistent with the use and development of
floodplain land for parks throughout the Fort Worth park system and throughout the country.
The Park & Recreation Department engaged Kimley-Horn and Associates, Inc., to design Riverside
Park Phase I Improvements in 2018 and 2019 (CSC No. 50377 ). On May 19, 2020, the City Council
authorized the execution of a contract with Northstar Construction, LLC, for the construction of
Riverside Park Phase I Improvements (M&C 20-0349).
Due to funding limitations, Phase I Improvements scope did not include the installation of a
canoe/kayak launch and a 1,500-foot long and 8-foot wide concrete trail on the northeast side of the
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M&C Review
park. Funding has since been identified, and staff recommends an ILA with the TRWD, which has the
technical experience, to complete the installation of these improvements.
The table below summarizes funding sources for this ILA:
Fund
Park Dedication Fees Funds (Unspecified -All Funds)
PARD Gas Lease Capital Project Funds (Unspecified -All
Funds)
Park Dedication Fees Funds
Total
The table below summarizes project expenditures:
Riverside Park ILA with TRWD
Project Contingency
Project Total
Amount
$89,901.80
$73,854.31
$436,243.89
$600,000.00
Amount
$550,000.00
$50,000.00
$600,000.00
Funding for this project was not included in the FY2025-2029 Capital Improvement Program. This
M&C will amend the FY2025-2029 Capital Improvement Program as approved in connection with
Ordinance 27107-09-2024.
After completion of construction, TRWD will maintain the canoe / kayak launch, and the City will
maintain the 1,500-foot long and 8-foot wide concrete trail along with the other park amenities. This
new concrete trail is estimated to increase the department's annual maintenance by
$4,500.00 beginning in FY2025.
A business equity goal is not assigned when purchasing from an approved purchasing cooperative or
public entity.
This project is located in COUNCIL DISTRICT 11.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Riverside Park TRV Reno &
Dev project within the PARD Dedication Fees and PARD Gas Lease Capital Project Funds and in the
PPD 4.1-1, PPD 4.1-2, PPD 4.1-4 and PPD 4.13-4 projects within the PARD Dedication Fees Fund
and upon approval of the above recommendations and adoption of the attached appropriation
ordinances, funds will be available in the PARD Dedication Fees and PARD Gas Lease Capital
Project Funds for the 25 TRWD Riverside ILA project to support the above recommendations and
execution of the agreement. Prior to an expenditure being incurred, the Park &
Recreation Department has the responsibility of verifying the availability of funds.
TO
Fund I Department Account I Project I Program Activity I Budget Reference # I Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project
ID ID
Submitted for City Manager's Office by_
Originating Department Head:
Program Activity I Budget Reference #
Year (Chartfield 2)
Jesica L. McEachern (5804)
Richard Zavala (5704)
Amount
Additional Information Contact:
Joel McElhany (5745)
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M&C Review
ATTACHMENTS
2024.09.30 Riverside ILA TRWD Revised(dwbRL10.18.24).docx (CFW Internal)
80 RIVERSIDE PARK ILA WITH TRWD.XLSX (CFW Internal)
80RIVERSIDE PARK ILA WITH TRWD.docx (CFW Internal)
ORD.APP 80RIVERSIDE PARK ILA WITH TRWD 30110 AO25(R2).docx (Public)
ORD.APP 80RIVERSIDE PARK ILA WITH TRWD 30110 AO25(R3).docx (Public)
ORD.APP 80RIVERSIDE PARK ILA WITH TRWD 30110 AO25(R4).docx (Public)
Riverside Park Site Plan.Ddf (Public)
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Attachment B
PARKING LOT EXTENSION
IL .t. 8' CONCRLTL IRAII
WIN - ` W
24' X 24' PAVILION
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Location Map
PLAYGROUND WITH SEATING
24' X 24' PAVILION