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HomeMy WebLinkAboutContract 35291 CITY SECRETARY 59,9 CONTFACT NO . I INTERLOCAL COOPERATION AGREEMENT Between THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and CITY OF FORT WORTH for TOWER 55 RAIL RELIEVER STUDY 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, it is the goal of the RTC to offer a transportation system that is accessible, integrated, efficient, and provides for a diverse and flexible set of transportation options; and, WHEREAS, on January 12, 2006, the United States Congress earmarked funds for a Tower 55 CMAQ Congestion and Preliminary Engineering Study as part of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The Regional Transportation Council (RTC) approved addition of these funds to the 2006-2008 Transportation Improvement Program (TIP) in January 2006. WHEREAS, the Tower 55 Technical Advisory Committee, comprised of representatives from the Texas Department of Transportation and local government entities and railroads impacted by Tower 55 operations, has been established to serve as the technical group to support and oversee TxDOT and NCTCOG led elements of the Tower 55 Rail Reliever Study. 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 mutual covenants and conditions contained herein, the parties agree as follows: 1. Parties 1.1 This Interlocal Agreement, hereinafter referred to as the "Agreement", is made and entered into by and between the North Central Texas Council of Governments, hereinafter referred to as "NCTCOG", and City of Fort Worth, hereinafter referred to as the "City". NCTCOG and the City may each be referred to as a "Party", and may be collectively referred to as "Parties" to this agreement. 1.2 NCTCOG shall serve as the Contract Manager and Procurement Administrator for the Project. 0kY, Interlocal Cooperation Agreement Pa le 1 NCTCOG and City of Fort Worth t 1 2. Purpose This Agreement defines the terms and conditions for the City to provide a share of the local matching funds for NCTCOG to conduct an engineering study to evaluate current and probable future freight rail movements and operations through Tower 55, identify opportunities to increase freight rail movement efficiency, and determine the physical and financial viability of potential improvements to Tower 55. 3. Duties 3.1 NCTCOG shall be responsible for coordinating the activities of the Tower 55 Technical Advisory Committee. 3.2 NCTCOG shall be responsible for managing the project, including but not limited to consultant procurement and management, with direction from the Tower 55 Technical Advisory Committee. 3.3 NCTCOG and NCTCOG's engineering consultant(s) will perform the following tasks: a. Develop alternatives and feasibilities for rail improvements at Tower 55. b. Analyze current and projected vehicular traffic volumes impacted by Tower 55. C. Determine cost feasibilities for preferred system improvements and alternatives. d. Analyze potential passenger and commuter rail routes allowing for no assumed agreement or commitment from the railroad companies participating in the study. e. Communicate study process and identified project benefits/costs for both local and regional freight rail initiatives. f. Develop a financial plan to secure funding for the recommendations of the overall study. 3.4 The City will provide a representative for the Tower 55 Technical Advisory Committee to support and oversee Texas Department of Transportation (TxDOT) and NCTCOG led elements of the Tower 55 Rail Reliever Study. 4. Funding 4.1 The total project cost estimate for Tower 55 Rail Reliever Study is $2 million. Congressionally earmarked funds of$1.6 million will fund 80 percent of the total project costs. 4.2 The total local match required for the project is $400,000. The City shall provide a check payable to the North Central Texas Council of Governments in the amount of $66,600. Interlocal Cooperation Agreement " "" Page 2 NCTCOG and City of Fort WorthU Yj �° sG.. IN u4L" i 4.3 NCTCOG will enter into separate agreements with other local government entities and railroads to obtain funding for the remaining portion of the 20 percent local match requirement. 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 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 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. 7T4111 ,., Interlocal Cooperation Agreement LS Page 3 NCTCOG and City of Fort Worth � ?,,`'' 1'�? � Lil, IN WITNESS HEREOF the arties have executed this Agreement in duplicate originals on the day of 20D3 CITY OF FORT WORTH NORTH CENTRAL TEXAS COUNCIL OF O N ENT Signature R. ffichael Eastland Marc A. Ott Executive Director Assistant City ManaQPr APPROVED AS TO FORM: Ge al C nsel ATTEST: r � APPROVE TO FORM GA ant C Att ey C-r)ncffi C*p�— Cont act Authorization i Interlocal Cooperation Agreement � � ��� �) Page 4 NCTCOG and City of Fort Worth City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/3/2007 - Ordinance No. 17471-04-2007 & 17472-04-2007 DATE: Tuesday, April 03, 2007 LOG NAME: 20TOWER55 REFERENCE NO.: **C-22033 SUBJECT: Authorize Execution of an Interlocal Agreement with the North Central Texas Council of Governments to Lead the Tower 55 Rail Reliever Study and Adopt Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Assessments Fund in the amount of$66,600 from available funds; 2. Authorize the transfer of$66,600 from the Special Assessments Fund to the Street Improvements Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriation in the Street Improvements Fund in the amount of$66,600 from available funds; and 4. Authorize the City Manager to enter into an Interlocal Agreement with the North Central Texas Council of Governments for the Tower 55 Rail Reliever Study in the amount of$66,600. DISCUSSION: The Tower 55 freight rail intersection in downtown Fort Worth is one of the most congested rail intersections in the nation. A solution at Tower 55 will reduce locomotive idling, reduce vehicle congestion at roadway crossings, and improve air quality. Improving mobility and air quality is one of the City Council's seven strategic goals. A congressional earmark of $1.6 million was set aside in the last federal transportation bill (SAFETEA-LU) for purposes of conducting a study of Tower 55 in order to identify a solution to this freight bottleneck. The total cost estimate for the study is $2 million. To move forward with the study, a shared local match of $400,000 is required from participating entities. The participating entities include Burlington Northern Santa Fe Railroad, City of Arlington, City of Fort Worth, Fort Worth Transportation Authority, Tarrant County, and Union Pacific Railroad. The City of Fort Worth's portion of the shared local match is $66,600. This study should be completed within two years. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GS94 488032 020940099050 $66,600.00 GS94 538070 0209 99 .600.00 GS94 538070 020940099050 $66,600.00 C 115 541200 0201 ?4 �A�! `• 6 600.00 Logname: 20TOWER55 Page 1 of 2 C115 472094 020115136526 $66,600.00 C115 541200 020115136526 $66,600.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Jim Walker (8009) Mark Rauscher (2446) Logname: 20TOWER55 Page 2 of 2