HomeMy WebLinkAboutContract 26102 T Contract No.
City Secretary Contract No. 2 U I 02_
INTERLOCAL AGREEMENT
FOR THE
LIGHT RAIL TROLLEY PROJECT
BETWEEN
THE FORT WORTH TRANSPORTATION AUTHORITY
AND
THE CITY OF FORT WORTH,TEXAS
THIS AGREEMENT is entered into by and between the City of Fort Worth,Texas,a home-
rule municipal corporation situated in Tarrant and Denton Counties,Texas,hereinafter called"City,"
acting herein by and through Ramon Guajardo, its duly authorized Assistant City Manager,and the
Fort Worth Transportation Authority, a transportation authority created pursuant to Ch. 452, Texas
Transportation Code,hereinafter called "T" acting herein by and through, Anthony V. Johnson, its
duly authorized Assistant General Manager.
The Fort Worth Transportation Authority("T") and the City of Fort Worth, Texas("City")
are both local governmental entities as that term is used in Chapter 791, Interlocal Cooperation
Contracts,V.T.C.A.,Gov't. Code. They shall sometimes be referred to collectively as the"Parties".
The Parties are investigating and may develop a new transit alternative to link areas of Fort
Worth. In order to achieve this goal, planning, design, project management and possible
construction of such a transit system is required. For the purposes of acquiring the services of
consultants to conduct an alternatives analysis,environmental assessment and project management
plan of the Light Rail Trolley Project and if approved and funded, preliminary engineering, final
design and construction while still fulfilling applicable legal competitive bidding requirements,and
in order to gain additional cost effectiveness and to fulfill necessary federal and state requirements,
the Parties agree as follows:
1. The T and the City will j ointly prepare the Request for Proposals for the procurement
process and determine the criteria for selection of contractors. During this initial
phase, engineering consulting services will be acquired to conduct an alternatives
analysis, an environmental assessment and to prepare a project management plan.
2. The T will procure the necessary services and products through its Procurement
Procedure and staff.
Interlocal-Light Rail Trolley-CITY of FTW AND THE T -Page 1
3. In managing the consultant contract for the development of the proposed project
including alternatives analysis, environmental assessment and project management
plan, the City will provide management services. The City will designate staff
person(s) to manage these contracts and notify the T of that designee (s). If
approved, preliminary engineering, final design and construction contracts and
operations will be managed as determined by the Parties and written in a subsequent
amendment to this ILA.
4. The T as the designated grantee will receive and disburse funding provided by federal
grant from the Federal Transit Administration ("FTA"). The T will provide a
maximum of$125,000.00 in snatching funds for the initial federal funding match
provided that the Executive Committee approves such funding. The City will
provide a maximum of$125,000.00 in matching funds for the initial federal funding
match provided that the City of Fort Worth City Council appropriate the funding.
This initial funding is to provide for the alternatives analysis including environmental
assessments,and,if approved,preliminary engineering. In the event that preliminary
engineering, final design, and construction are approved and funded at a later date,
the funding specifications required of the T and the City will be written in a
subsequent amendment to this ILA.
5. By the tenth day of each three month period(quarterly),the T will deliver to the City
a statement of project costs incurred during the previous quarterly period along with
an estimate of project costs that the T expects will be incurred during the coming
quarterly period. The estimated project costs will be based on a forecast provided by
the contractor of each contract. This forecasting requirement will be included in each
contract. Based on these statements the City will pay the T for City's share of the
expected project costs for the coming quarterly period including any reduction for
overpayment or increase for underpayment from the preceding quarterly period. The
City will remit this payment to the T within 10 days of receiving the quarterly
statements of project costs from the T.
6. Invoices for the contracts that the City manages will be required to be sent to the City
designee who will be responsible for verifying that the services and products have
been provided in a satisfactory manner and pursuant to the contracts issued. The City
will send each invoice along with their written approval of services billed to the T.
The written approval will authorize payment and provide a brief explanation of any
amounts included in the invoice that are not authorized for payment.
7. The T will issue payment to the contractor within 15 days of receiving the invoice
and the necessary written authorization. No payments will be made unless the
payments comply with applicable state and federal statutes and regulations including
requirements of the Federal Transit Administration.
Interlocal-Light Rail Trolley-CITY of FTW AND THE T -Page 2
U M AAG��G��//D
V li �N�4~c�1511 a E 11
8. The T will be responsible for submitting all required periodic reports to the Federal
Transit Administration and to the Texas Department of Transportation. In order to
facilitate the preparation of these reports, the City through its designee, at the
beginning of each new quarterly period, will provide a brief narrative summary of
events that have occurred during the preceding quarterly period that includes the
City's activities and those related to each contract. This narrative will be delivered to
the T's Grants Administrator no later than the 15`h day of the month following the
end of the previous quarterly period. The dates for compliance are October 150',
January 15`h, April 15`h, and July 15`h.
9. All reports generated by either Party shall be available to the other Party and subject
to the Open Records Statutes of the State of Texas and the United States of America
pursuant to acceptance of federal funds.
10. The Parties agree to comply with all relevant federal and state statutes and
regulations including those contained in the FTA Master Agreement, FTA C
5010.1 C, and FTA C4220.1 D and to require any contractors to comply with relevant
federal and state statutes and regulations.
11. Each party represents to the other that the delegated costs of the project under the
Agreement, as well as any payments made by it pursuant to this Agreement,will be
made from current revenues available to each Party and appropriate federal grants
including those from the Federal Transit Administration. Further, each Party
warrants and represents to the other party that each Party has been authorized by its
respective governing body to do so. Each party further represents and warrants to the
other Party that any renewal of, deletion, or change to this Agreement will be in
writing and authorized by its respective governing body.
12. The term of this Interlocal Agreement begins on June 20,2000 and extends through
January 31, 2006.
13. Except as otherwise expressly provided herein,this agreement is non-assignable,and
any unauthorized purported assignment or delegation of any duties hereunder,
without the prior written consent of the other party,shall be void and shall constitute
a material breach of this agreement.
14. This agreement and all attachments incorporated herein by reference constitute the
entire agreement by the parties hereunder,and any prior or contemporaneous oral or
written agreements, shall be void.
15. The undersigned officers and/or agents of the parties hereto are properly authorized
Interlocal-Light Rail Trolley-CITY of FTW AND THE T -Page 3 r— -
L
^u1t5WnlQ0
F
officials and have the necessary authority to execute this agreement on behalf of the
parties hereto,and each party hereby certifies to the other that any necessary actions
extending such authority have been duly passed and are now in full force and effect.
16. This agreement shall be construed under and in accordance with the laws of the State
of Texas, and the venue for any litigation arising from this agreement shall be in
Tarrant County,Texas.
This Interlocal Agreement is effective as of I�yG ,U , 2000.
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in quadruplicate in its name and on its behalf by its City Manager, attested by its City
Secretary, with the corporate seal of the City affixed, and said T has executed this instrument in
quadruplicate, at Fort Worth, Texas this the /-S'O'-day of , 2000.
CITY OF FORT WORTH, TEXAS FORT WORTH TRANSPORTATION AUTHORITY:
By: By: s
Ramon Guajardo Anthonv V. Jo son
Assistant City Manager Assistant General Manager
ATTEST:
Contract Authorization
-AlDate
lona Pears �_oZ8-DC
City Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
Ilei
Cynthia
arcia hyllis aldrep Cranz
Assistant City Attorney Gener Counsel
City of Fort Worth, Texas Fort Worth Transportation Authority
Interlocal-Light Rail Trolley-CITY of FTW AND THE T -Page 4
CC Qy'
City of Fort Worth, Texas
"a.qor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/20/00 C-18090 221AFWTA 1 1 of 2
SUBJECT AUTHORIZATION TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FORT
WORTH TRANSPORTATION AUTHORITY FOR MANAGEMENT OF THE LIGHT-RAIL
TROLLEY PROJECT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement
with the Fort Worth Transportation Authority to manage the development of the light-rail trolley system.
DISCUSSION:
The City and the Fort Worth Transportation Authority (the T) are seeking to develop a light-rail trolley
system that would connect Downtown Fort Worth to designated growth centers as feasible. In 1998,
the City Council accepted a feasibility study that established the technical and economic feasibility of a
trolley system. On the basis of that feasibility study, the Regional Transportation Council has allocated
$1 million in federal funds, to be matched by $250,000 from the City and the T, for preliminary
engineering and related studies. In January 2000, the City Council approved M&C G-12787, which
allocated $125,000 for the City's share of the local match. In April 2000, the City and the T jointly
appointed the Trolley Design Committee to oversee the planning and design of the light-rail trolley
system.
The next step is for the City and the T to execute an Interlocal Agreement, which outlines the
responsibilities of each entity. The general provisions of the Interlocal Agreement are:
• The City and the T will each provide half of the local matching funds for planning and preliminary
design; and
• The City and the T will jointly prepare the necessary requests for proposals (RFPs) to conduct the
alternatives analysis, environmental assessment, and preliminary engineering phases of the project;
and
• The T will procure the necessary consultant services to comply with federal requirements; and
• The City will designate staff to manage the consultant contracts. The City will verify that services
and products have been provided in a satisfactory manner and forward authorized invoices to the T
for payment; and
• The T will receive and disburse funding; and
• The T will bill the City quarterly for the City's projected share of the costs that the T expects will be
incurred in the upcoming quarter; and
• The City will provide quarterly project summaries to the T, which will prepare and submit all
necessary reports to fulfill federal requirements; and
• The term of this agreement is from June 20, 2000, through January 31, 2006.
The T's Executive Committee voted on May 18, 2000, to authorize the General Manager to execute an
Interlocal Agreement with the City of Fort Worth in connection with the light-rail trolley project. Upon
execution of the Interlocal Agreement, the T will issue an RFP to hire a consultant to conduct the
alternative analysis and environmental assessment phases of the project.
City of Fort Worth, Texas
"a.jor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/20/00 C-18090 221AFWTA 2 of 2
SUBJECT AUTHORIZATION TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FORT
WORTH TRANSPORTATION AUTHORITY FOR MANAGEMENT OF THE LIGHT-RAIL
TROLLEY PROJECT
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget of the General
Fund.
RG:I
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
ARRovEn
Ramon Guajardo 6140 CITY COUNCIL
Originating Department Head:
JUN 20 2000
Fernando Costa 8042 (from)
Additional Information Contact: l� J
City Secretary of the
City of Fort Wortk Tozer
Fernando Costa 8042