HomeMy WebLinkAbout064274 - Construction-Related - Contract - Tarrant Regional Water District1
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF FORT WORTH
AND
THE TARRANT REGIONAL WATER DISTRICT
FOR THE CONSTRUCTION OF
PANTHER ISLAND CANAL SYSTEM BRIDGES:
CALHOUN AND COMMERCE AT CANAL C
This MEMORANDUM OF UNDERSTANDING (“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 Assistant City Manager, hereinafter referred to as (“City”) and the
TARRANT REGIONAL WATER DISTRICT, a Water Control and Improvement District
organized under the laws of the State of Texas acting herein by and through its General Manager
and hereinafter referred to as the (“TRWD”), each referred to separately as a “party” and
collectively as “parties.”
RECITALS
The City and TRWD hereby agree that the following statements are true and correct and
constitute the basis upon which the City and TRWD have entered into this Agreement.
WHEREAS, each party 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 party finds that the performance of this Agreement is in the common
interest of both parties and that the division of costs fairly allocates the responsibilities under this
agreement; and
WHEREAS, TRWD is designing and intends to construct a Canal System on Panther
Island to serve as stormwater trunk lines in lieu of City infrastructure, see attached Exhibit B
(Canal Layout); and
WHEREAS, the City is responsible for the road network within its right-of-way and
understands that the construction of the Canal System will require modification to road crossings
to maintain traffic mobility, support development of adjacent parcels, and to be owned and
maintained by the City; and
WHEREAS, TRWDis currently designing the Canal System and anticipates appropriating
funds for construction of a segment of Canal C from North Main to east side of open space, at a
minimum (“Canal Project”); and
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WHEREAS,the Canal Project requires the construction of vehicular bridges on Calhoun
Street and Commerce Street at Canal C as depicted on the attached Exhibit A (“Bridge Project”);
and
WHEREAS, the City has proposed to the North Central Texas Council of Governments
that funding of at least $1.6 million in Regional Toll Revenue be included in the 2025-2028
Transportation Improvement Program (TIP); and
WHEREAS,to facilitate schedule requirements and development interest, the City has
tentatively agreed to provide the local match, design costs, and other unfunded components in
advance of the TIP award; and
WHEREAS, coordination will be necessary for the City to build the Bridge Project and
the District to concurrently construct the Canal Project; and
WHEREAS, both parties will share engineering plans and schedules and coordinate as
needed for the successful completion of both Projects; and
WHEREAS, this Agreement may be amended to include each portion of future Canal
Bridges that the City will construct:
NOW, THEREFORE, 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 with the following:
1. The City Manager will recommend that the City Council appropriate funding for design of
the Bridge Project no later than September 30, 2025, with subsequent appropriations for
the local match and other unfunded Bridge Project costs to meet cash flow requirements of
the project schedule established in this MOU.
2. In the unlikely event that the Bridge Project does not receive Federal/State Approval in the
Statewide Transportation Improvement Plan (STIP) as anticipated in Fall of 2025, the City
will recommend replacement funding to the City Council no later than February 28, 2026,
and present an appropriation ordinance to the City Council no later than December 31,
2026.
3. Pursuant to inclusion of the Bridge Project in the Regional Transportation Council’s final
request to TxDOT for the August 2025 cycle, the TRWD General Manager will include
sufficient funding for the Canal Project in the recommended FY2026 and FY2027 budgets,
consistent with required cashflow.
4. The City and its consultants will complete 60% design of the Bridge Project by September
30, 2025, to allow notification to the franchise utilities of required relocation.
5. TRWD will cause the completion of the design of the Canal Project by January 31, 2026.
6. The City will use due diligence to cause the franchisees to move their utilities by May 31,
2026, recognizing that the timeline is subject to franchisee cooperation.
7. The City will cause the completion of 100% design of the Bridge Project by May 31, 2026.
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8. The City,at its own expense, will relocate water and sewer lines conflicting with the Bridge
Project by June 30, 2026.
9. TRWD will recommend an award of contract to its Board for construction of the Canal
Project by April 30, 2026.
10. TRWD will provide notice to proceed for construction of the Canal Project by July 1, 2026,
subject to the successful relocation of all utilities by June 30, 2026.
11. The City Manager will recommend an award of contract to the City Council for
construction of the Bridge Project no later than April 27, 2027.
12. The City will provide notice to proceed with the construction of the Bridge Project no later
than July 1, 2027, contingent upon substantial completion of the Canal Project or a
mutually agreed alignment of construction activities between the two contractors.
13. The City and TRWD will plan, coordinate, and mutually agree to construction schedules
for the Canal Project and the Bridge Project for efficiency and cost-effectiveness of both
parties; construction start-dates and obligations of each party to issue notices to proceed
may be modified by written mutual agreement to serve this purpose.
14. The City and TRWD will continue to collaborate on options for the City to fund design and
construction of street improvements in the blocks abutting the Bridge Project and jointly
work to resolve any impacts to the Bridge Project construction schedule.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
in several counterparts, each which is deemed to be an original, effective as of the date subscribed
the Party whose signature makes this document fully executed.
SEE NEXT PAGE FOR SIGNATURES
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: ___________________________
Name: Jesica McEachern
Title: Assistant City Manager
Date: _____________, 2025
APPROVAL RECOMMENDED:
By: ______________________________
Name: Ronald P. Gonzales
Title: Assistant City Secretary
ATTEST:
By: ______________________________
Name: Jannette S. Goodall
Title: City Secretary
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.
By: ______________________________
Name: Clair Davis
Title: Sr. Capital Projects Officer
APPROVED AS TO FORM AND
LEGALITY:
By: ______________________________
Name: Melinda Ramos
Title: Deputy City Attorney
TARRANT REGIONAL WATER DISTRICT:
By: ______________________________
Name: Stephen Tatum
Title: General Council
Date: _____________, 2025
By:
Name: Dan Buhman
Title: General Manager
Date: _____________, 2025
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