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HomeMy WebLinkAboutContract 49318 CITY SECRETARY 114TS) CONTRACT N0. INTERLOCAL COOPERATION AGREEMENT a► �`� between HE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and THE CITY OF FORT WORTH Bg fora CITYWIDE ACTIVE TRANSPORTATION PLAN WHEREAS, the North Central Texas Council of Governments ("NCTCOG") has been designated as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and WHEREAS, the Regional Transportation Council ("RTC"), comprised primarily of local elected officials, is the regional transportation policy body associated with NCTCOG and has been and continues to be a forum for cooperative decisions on transportation; and WHEREAS, a Citywide Active Transportation Plan ("Plan") for the City of Fort Worth, in accordance with the City's Comprehensive Plan and the Complete Streets Policy, would integrate the adopted Bike Fort Worth Plan, Walk Fort Worth Plan, Master Thoroughfare Plan and The T Master Plan to create a seamless network of on- and off-street pedestrian and bicycle facilities and shared use trails integrated with the public transportation and thoroughfare networks; and WHEREAS, The Plan will update the City's Walk and Bike plans and create and incorporate a Trails Master Plan; and WHEREAS, the Plan will develop guiding principles and criteria for evaluating network alternatives and for prioritizing funding and projects that include equity, health, safety, economic development and access; and WHEREAS, the Plan will include analysis of existing infrastructure gaps and include an element with associated methodology to define low-stress routes for bicyclists of"AII Ages and Abilities" (AAA); and WHEREAS, the Plan will be used as a regional template including policies, performance targets, design guidelines, prioritized projects, an implementation and funding plan and technology to communicate this information to the public; and WHEREAS, NCTCOG has agreed to administer the Plan development project including consultant contracts in coordination with the City of Fort Worth; and WHEREAS, the Plan will have a total project cost of $500,000 which includes $250,000 RTC Local funds, $215,000 local cash contributions, and $35,000 in-kind contributions; and WHEREAS, on January 12, 2017 the RTC approved $250,000 of RTC Local funds to allocate to the Plan to support the local cash contributions; and WHEREAS, on December 13, 2016 the City of Fort Worth authorized the use of $215,000 in local matching funds and will contribute an additional $35,000 of in-kind staff time; and Interlocal Cooperation Agreement Page 1 NCTCOG and City of Fort Worth(TRN4630) OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code provides authority for the North Central Texas Council of Governments and City of Fort Worth to enter into this agreement for the provision of governmental functions and services of mutual interest; NOW, THEREFORE, for and in consideration of the above recitals and mutual covenants and conditions contained herein, the Parties agree as follows: 1. Parties This Interlocal Agreement("Agreement"), is made and entered into by and between the North Central Texas Council of Governments and the City of Fort Worth ("SPONSOR"). NCTCOG and the SPONSOR may each be referred to as a "Party", and may be collectively referred to as "Parties"to this Agreement. 2. Purpose This Agreement defines the terms and conditions for the Fort Worth Active Transportation Plan Project ("Project") including for: public involvement; existing conditions review, data collection and analysis; current and future network analysis; recommended policies and programs; project prioritization, implementation and funding strategies; and performance measures. 3. Duties 3.1 NCTCOG and/or NCTCOG's consultant(s) will perform the tasks identified in the Scope of Work, which may be amended from time to time. 3.2 NCTCOG will designate a Project Manager to work directly with the SPONSOR and consultant(s)to complete the project. 3.3 SPONSOR will designate a Project Manager to work directly with NCTCOG to coordinate schedules, review milestones and deliverables, facilitate interaction with the various departments of the municipality, elected officials and key stakeholders. 3.4 NCTCOG will serve as the Contract Manager and Procurement Administrator for this Project. NCTCOG will coordinate with the SPONSOR to appropriately advertise the Request for Proposals (RFP). 3.5 The NCTCOG Project Manager will oversee the consultant(s), review and approve invoices and progress reports and coordinate with the NCTCOG Project Review Committee regarding meetings, schedules, deliverables and other key project milestones and events. Monthly progress reports will be provided to the SPONSOR upon request. Communication with the consultant(s) will be coordinated through the NCTCOG Project Manager. 3.6 The SPONSOR shall participate in the creation/definition of a Scope of Work for the Request for Proposals (RFP). The SPONSOR shall participate in the procurement of a consultant, through review of the RFP and participation in the consultant selection process, and other needed tasks. After contract execution, any modifications to the Scope of Work and addition of final deliverables that increase the cost of the Interlocal Cooperation Agreement Page 2 NCTCOG and City of Fort Worth(TRN4630) V consultant(s) contract shall be deemed as cost overruns and shall be paid by the SPONSOR. 3.7 The Scope of Work and other required project deliverables may be modified in writing without requiring an amendment to the Agreement. 4. Funding 4.1 The total project cost for this Agreement is $500,000, with a contribution of $215,000 local cash match and an additional $35,000 of in-kind staff time from the SPONSOR. The project costs include anticipated consultant expenses for completion of duties defined as part of Article 3.7. 4.2 The SPONSOR shall provide funds to NCTCOG to support the Project by issuing a check payable to the North Central Texas Council of Governments within 30 days of execution of this Agreement. Issuance of a Notice to Proceed to the selected consultant is contingent on receipt of funds from the SPONSOR or as otherwise mutually agreed. 4.3 NCTCOG will return any unused portion of the funds to the SPONSOR at the completion of the Project. 4.4 Cost overruns approved by NCTCOG and the SPONSOR shall be funded in total by the SPONSOR. SPONSOR shall provide a check payable to the NCTCOG in the amount of the agreed upon cost overruns prior to such costs being incurred or as otherwise mutually agreed. NCTCOG is not responsible for any costs other than as outlined herein. 4.5 Each party paying for services under this Agreement shall make those payments from current revenues available to the paying party. 4.6 Documentation related to the $35,000 of in-kind staff time expenses by the SPONSOR shall be provided to NCTCOG upon request. 5. Term 5.1 This Agreement shall take effect on the date executed by the Parties and shall remain in effect until it is terminated. 5.2 Either Party may terminate this Agreement by giving 30 days written notice to the other Party. The Parties may terminate this Agreement at any time by mutual written concurrence. 5.3 This Agreement shall automatically terminate upon completion of the project. 6. Modification,Waiver and Severability 6.1 This Agreement and any exhibits which may be attached, constitute the entire agreement among the Parties. No waiver or modification of this Agreement shall be Interlocal Cooperation Agreement Page 3 NCTCOG and City of Fort Worth(TRN4630) valid unless in writing and signed by both Parties. Failure of the Parties to enforce or insist upon compliance with any of the terms and conditions of this Agreement shall not constitute a waiver or relinquishment of any such terms and conditions. 6.2 In the event that any one or more or the provisions of 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 provisions thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6.3 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties have executed this Agreement in triplicate originals. CITY OF FORT WORTH �y Of FORT � - oFernando Costa date Assistant City Manager APPROVED AS TO FORM AND LEGALITY: CITYSECRETARY S G—G-► Assistant City Attorney Mary J. Kayser NORTH CENTRAL TEXAS COUNCIL OF GO MENTS R. Michael Eastland D to Executive Director OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Interlocal Cooperation Agreement Phge 4 NCTCOG and City of Fort Worth(TRN4630) M&C Review Page I of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT T1' COUNCIL ACTION: Approved on 6/6/2017 - Ordinance No. 22734-06-2017 DATE: 6/6/2017 REFERENCE **C-28249 LOG NAME: 06ACTIVETRANSPORTATIONILA NO.. CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Acceptance of a Grant from the Regional Transportation Council/North Central Texas Council of Governments in an Amount Up to $250,000.00 for the Development of the Fort Worth Active Transportation Plan, Authorize Related Interlocal Agreement in the Amount of$215,000.00, and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS RECOMMENDATION: It is recommended that the City Council accept the grant award of$250,000.00, authorize the City Manager to execute an Interlocal Agreement with the North Central Texas Council of Governments, in the amount of$215,000.00, for the creation of an Active Transportation Plan, and adopt the attached appropriation ordinance. DISCUSSION: On December 13, 2016, the City Council approved (Mayor and Council Communication (M&C G- 18898) authorizing $215,000.00 from the Future Community Partnerships fund for the creation of an Active Transportation Plan for Fort Worth, in partnership with the North Central Texas Council of Governments. On January 12, 2017, the Regional Transportation Council (RTC) approved $250,000.00 of RTC local funds to support the City's $215,000.00 local cash contribution and $35,000.00 in in-kind contributions of staff time, for a total amount of$500,000.00. On March 15, 2017, the North Central Texas Council of Governments Executive Board approved a resolution authorizing an Agreement with the City for development of the Active Transportation Plan. The proposed Plan would update and integrate the City's Bike Fort Worth and Walk Fort Worth Plan: and create and integrate a Trails Master Plan, in coordination with the Master Thoroughfare Plan an( The T's Transit Master Plan, creating a comprehensive network plan that will provide for streamlined transitions between transportation modes. The scope of work includes, public involvement, evaluatio of existing conditions, data collection and analysis, network analysis, recommended policies and programs, project prioritization, implementation and funding strategies and performance measures. Creation of the Active Transportation Plan will support implementation of the City's Complete Streets Policy, fulfill one of the Blue Zones Project validation requirements for the built environment, and support the Age-Friendly Fort Worth Action Plan. Staff will convene a technical advisory committee with representatives from pertinent City departments, boards and commissions, the Fort Worth Transportation Authority, Tarrant Regional Water District, school districts, Tarrant County, TxDOT, Blue Zones Project Built Environment Committee and other interested stakeholders to assist in this endeavor. NCTCOG has agreed to administer the project and associated consultant contract in coordination with the City, and anticipates issuing a Request for Qualifications in summer 2017 with a project schedule of 18 months. This project impact is citywide. This contract will be with a governmental entity, state agency or http://apps.cfwnet.org/council_packet/mc review.asp?ID=24695&councildate=6/6/2017 6/7/2017 M&C Review Page 2 of 2 public institution of higher education: North Central Texas Council of Governments. The City match portion of the expenditures, previously authorized, are from the General Capital Project Fund. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that, upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Other Fund. This is a reimbursement grant. TO Fund Department Account Project Program Activity Budget Reference# Amourr ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amourr ID ID Year Chartfield 2 Submitted for Cily Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Dana Burghdoff(8018) ATTACHMENTS 06ACTIVETRANSPORTATIONILA GRANT A017.docx http://apps.cfwnet.org/council_packet/mc review.asp?ID=24695&councildate=6/6/2017 6/7/2017