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HomeMy WebLinkAbout065073 - Construction-Related - Contract - Streams & Valleys, Inc.CSC No. 65073 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Streams & Valleys Subject of the Agreement: Funding Agreement with Streams & Valleys for Partnerships Funds for the Construction of Streams & Valleys Plaza M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 104094 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX *Indicates the information is required and if the information is not provided, the contract will be returned to the department. FUNDING AGREEMENT WITH STREAMS & VALLEYS FOR THE CONSTRUCTION OF STREAMS AND VALLEYS PLAZA THIS AGREEMENT is by and between the CITY OF FORT WORTH, a Texas home rule municipal corporation ("City") acting by and through its designated Assistant City Manager and d/b/a STREAMS & VALLEYS, INC., ("S&V"), acting by and through its duly authorized President. WHEREAS, since 1971, S&V has worked to beautify and develop park and recreational amenities along the Trinity River and has collaborated with the City on numerous projects to achieve this goal; and WHEREAS, in 2012, the Phyllis J. Tilley Memorial Bridge ("PJTMB") was completed which spans the Trinity River and provides pedestrian and non -motorized access to the vast trail system; and WHEREAS, S&V approached the City with a design for a plaza on the west terminus of the PJTMB as well as the desire to contribute funding in the amount up to $750,000 for the construction of Tilley Plaza Project (the "Project"); and WHEREAS, S&V is tentatively changing the name of the plaza to "Streams and Valleys Plaza" and desires to use that designation on this and future agreements; and WHEREAS, the City of Fort Worth, in keeping with the long-standing partnership, reviewed the proposed plans and agreed to manage the construction of the Project, as well as, to contribute up to $750,000 from the Future Community Partnerships Programmable Project fund; NOW, THEREFORE, in consideration of the above recitals and the promises and covenants recited hereinbelow, the City and S&V do hereby agree as follows: SECTION 1 DUTIES AND RESPONSIBILITIES 1. S&V shall contribute a one-time payment in the amount of $750,000.00, concurrent with execution of this Agreement, to be applied toward total construction costs for the Project in accordance with this Agreement, its attachments and all applicable laws. 2. The City shall contribute the balance of the construction costs in an amount not to exceed $750,000.00 toward construction costs for the Project in accordance with this Agreement, its attachments and all applicable laws. 3. The City shall procure the construction contractor and facilitate construction management oversight for the construction phase, shall perform construction inspection and review and provide fmal approval of the improvements. OFFICIAL RECORD CITY SECRETARY CFW-S&V Streams and Valleys Plaza Funding Agreement FT. WORTH, TX Page 1 of 4 4. The parties endeavor to complete the Project by May 2026 SECTION 2 TERM OF AGREEMENT 1. The term for this agreement begins on the date of execution and shall terminate upon the completion of construction. Following execution, S&V must advise the City in writing of any proposed changes or extension of this term in writing to the City, and any changes or extension must be mutually agreed upon by both parties. 2. Notices shall be deemed sufficient if hand -delivered or mailed postage prepaid, certified mail, return receipt requested, and addressed as specified below, unless either party has been notified in writing of any changes to such address(es) or addressee(s) as shown herein. All time periods related to any notice requirements specified in this Agreement shall commence on the date notice is mailed or delivered. City: City of Fort Worth, Texas Park & Recreation Department c/o Teresa Thomason, deputy director Re: Tilley Plaza Construction 100 Fort Worth Trail, Fort Worth, TX 76102 S&V: Streams & Valleys, Inc. c/o Lauren Deen, executive director Re: Streams and Valleys Plaza Construction 2918 Wingate Street Fort Worth, TX 76107 Emailed notice is acceptable and sufficient if the receiving party confirms receipt of the specified document. SECTION 3 VENUE AND JURISDICTION This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this License Agreement shall be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. CFW-S&V Streams and Valleys Plaza Funding Agreement Page 2 of 4 SECTION 4 MISCELLANEOUS 1. This Agreement including all Attachments, Schedules, and Exhibits attached hereto constitutes the final, entire and complete agreement between S&V and the City and supersedes any prior and contemporaneous negotiations, understandings, representations, and/or agreements between the parties. Any prior or contemporaneous oral or written agreement that purports to vary from the terms hereof shall be void. 2. Neither this Agreement, nor any provision hereof, may be modified except by an instrument in writing, signed by the parties. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3. Neither party may assign its rights and obligations under this Agreement without the prior written consent of the other parry, which consent shall not be unreasonably withheld, conditioned, or delayed. 4. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of the Agreement, and this Agreement shall be constructed as if such invalid, illegal or unenforceable provision has never been contained in the Agreement. CFW-S&V Streams and Valleys Plaza Funding Agreement Page 3 of 4 EXECUTED by each party's duly designated representative to be effective on the date subscribed by the City's Assistant City Manager. CITY OF FORT WORTH vana EqLqMo�f DmR r i&W, 2026 1 5:35 CDT) Assistant City Manager Date: Approved: y esa son r 5 2 CD eresa°i�iom ion,' epu �i.-Mr Park & Recreation Department Approved as to Form and Legality: Djo ft§ao 0%&, 2026 10:46:22 CDT) Sr. Assistant City Attorney �FORtn9C° q pF„ N.P i.o �d0 op �: ATTEST: `°°° aEoasoa Yannette S. Goodall City Secretary Contract Compliance Manager: M&C: Date: Streams & Valleys, Inc. uren Deen Executive Director Date: 25-0744 8-12-2025 Cristian Chavez (Apr 21, 2026 11:29:25 CDT) 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. .A�U�Z2Q,G�6 essica Alvarado Park & Recreation Department CFW-S&V Streams and Valleys Plaza Funding Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 4 of 4 8/13/25, 9:06 AM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 8/12/2025 REFERENCE NO.: M&C 25-0744 LOG NAME: CODE: C TYPE: NON- PUBLIC CONSENT HEARING: Official site of the City of Fort Worth, Texas FflR� H 80TRINITY PARK - TILLEY PLAZA NO SUBJECT. (CD 9) Authorize Funding Agreement with and Accept Matching Funds from Streams & Valleys, Inc., in the Amount of $750,000.00, Approve the Use of Up to $750,000.00 from the Future Community Partnerships Fund, Authorize Execution of a Contract with C. Green Scaping, LP in the Amount of $906,528.80 for Construction of Tilley Plaza in Trinity Park, Adopt Appropriation Ordinances; and Amend the Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize funding agreement with Streams & Valleys, Inc. for use of funds for the Tilley Plaza project as a one-time capital contribution to support improvements in Trinity Park; 2. Accept matching funds from Streams & Valleys, Inc. in an amount of $750,000.00 for the Tilley Plaza project; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Donations Capital Projects Fund, subject to the receipt of the funds in the amount of $750,000.00 from Streams & Valleys, Inc. for the purpose of funding in the Tilley Plaza project (City Project no. 104094) upon receipt of the funds from Streams & Valleys, Inc.; 4. Approve use of $750,000.00 from the Future Community Partnerships Programmable Project (City Programmable No. P00047) for the construction of Tilley Plaza (City Project No. 104094), in Trinity Park; 5. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the General Capital Projects Fund by decreasing receipts and appropriations in the Future Community Partnerships Programmable Project (City Project No. P00047) by $750,000.00 and increasing receipts and appropriations in the Tilley Plaza Project (City Project No. 104094) by the same amount; 6. Authorize the execution of a contract with C. Green Scaping, LP in the Amount of $906,528.80 for Tilley Plaza project; and 7. Amend the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize an agreement with Streams & Valleys, Inc. to contribute funds for construction of Tilley Plaza in Trinity Park as a 1:1 match with City contributions from Future Community Partnerships funding, and to authorize a contract with C. Green Scaping, LP in the amount of $906,528.80. Tilley Plaza will be located at the west end of the Phyllis J. Tilley Memorial Bridge in Trinity Park. Streams & Valleys, Inc. (S&V) was formed in 1971 as a non-profit organization dedicated to the beautification of the river and the development of the river system as a recreational amenity. Early efforts included working with the Tarrant Regional Water District (TRWD) to construct low-water dams that created more aesthetically pleasing water levels, and collaborating with the Park & Recreation Department (PARD) to build trails along the riverbanks. In 1971, fewer than three miles of trail existed along the river. By 2003, there were 30 miles of trails, and today, more than 72 miles of trails are in place. apps.cfwnet.org/counciI_packet/mc_review.asp? I D=33604&counciIdate=8/12/2025 1 /3 8/13/25, 9:06 AM M&C Review The centerpiece of the proposed park enhancement is the Phyllis J. Tilley (PJT) Memorial Bridge, completed in August 2012, which connects the Central Business District with the Cultural District. The enhancement plan at Tilley Plaza will include redesigned pathways connecting to the pedestrian bridge, a tree grove with seating overlooking the river, and enhanced landscaping with ornamental trees and native plantings. Electrical upgrades will also be included, providing outdoor receptacles to support various programming. The project was advertised in Star Telegram on April 3 and 10th, 2025. The following bids were received on May 29th, 2025: Bidders Green Scaping Northstar Construction, LLC L.J Design & Construction, LLC Concrete �apko ucture L.L.0 The Fain Group, Inc. Jerdon Enterprise, L.P. (Base Bids $782,948.80 Alternate Bid [�_l23,580.00 Amount 1 $906,528.80 I$1,062,829.00 $125,000.00 �$1,187,829.00 I$1,111,248.011$130,612.35 $1,241,860.36 I$1,179,700.88 19,273.39 $1,298,974.27 $1,179,605. �1124,000.00 $1,303,605.40 40 Fs-126,155,00 Fs-1,798,897.00 $1,672,742.00 Representatives from TRWD, U.S. Army Corps of Engineers, City of Fort Worth Water Department, and (PARD) have reviewed the construction activities associated with the proposed park enhancements. All parties agree that the planned improvements will not interfere with existing infrastructure or create any obstruction issues related to the Trinity River. Construction of Tilley Plaza is scheduled to begin in November 2025 and will last for approximately six months. PARD proposes that the City provide community partnership funds as a 1:1 match to the contributions from S&V. These combined funds will support all approved park improvements within an approximately one -acre area directly adjacent to the PJT Memorial Bridge on the west bank of the Trinity River in Trinity Park. Funding for the Tilley Plaza park improvements will be as follows: Fund Name General Capital Projects Fund (Future Community Partnership) Special Donations Capital Project Fund (S&V) Total Funding Authority Amount r This M&C $750,000.00 This M&C F $750,000.00 $1,500,000.00 The park improvements at Tilley Plaza are estimated to increase PARD's annual maintenance costs by $6,000.00 beginning in Fiscal Year 2026. In addition, S&V will be required to enter into a Maintenance Agreement with PARD for the funding and management of enhanced landscape maintenance for the life of the improvement. Funding for this project was not included in the FY2025-2029 Capital Improvement Plan (CIP) due to verification of partnership funds after the CIP submission deadlines. The action in this M&C will amend the FY2025-2029 Capital Improvement Plan as approved in connection with Ordinance 27107-09-2024. Funding is budgeted in the Future Community Partnership Program for this project. Trinity Park is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Future Community Partnerships programmable project within the General Capital Projects Fund and the Special apps.cfwnet.org/council_packet/mc_review.asp?ID=33604&councildate=8/12/2025 213 8/13/25, 9:06 AM M&C Review Donations Cap Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the General Capital Projects Fund and Special Donations Cap Projects Fund for the Trinity Park -Tilley Plaza project. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2) Submitted for City Manager's Office by. Dana Burghdoff (8018) Originating Department Head: Dave Lewis (5717) Additional Information Contact: Joel McElhany (5745) ATTACHMENTS 80TRINITY PARK -TILLEY PLAZA fid table.xlsx (CFW Internal) 80TRINITY PARK -TILLEY PLAZA funds avail.docx (CFW Internal) GS-1295 Form.pdf (CFW Internal) Location Map MC.pdf (Public) ORD.APP 80TRINITY PARK - TILLEY PLAZA A024(r3).docx (Public) ORD.APP 80TRINITY PARK - TILLEY PLAZA A024(r5).docx (Public) S&V Request for Partnership Funds.pdf (CFW Internal) Tilley Plaza - Layout & Materials Plan.pdf (CFW Internal) Tilley Plaza - Sections and Elevation.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp? I D=33604&counciIdate=8/12/2025 3/3