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HomeMy WebLinkAboutContract 58293 DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF CSC No. 58293 INTERLOCAL COOPERATION AGREEMENT Between THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and the CITY OF FORT WORTH for ENVIRONMENTAL STEWARDSHIP PROGRAM 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 promote environmental stewardship and provide for initiatives that will mitigate or prevent environmental impacts caused by the construction, maintenance, or use of public roads in the Dallas-Fort Worth Metropolitan Area; and, WHEREAS, on April 14, 2016, the RTC awarded funding for the Environmental Stewardship Program, including funding to the City of Fort Worth for West Lancaster Corridor/Parkway Improvements; and WHEREAS, on April 28, 2016, the NCTCOG Executive Board authorized NCTCOG to enter into an agreement with the City of Fort Worth for funds awarded by the RTC under the Environmental Stewardship Program; and, WHEREAS, on November 5, 2019, the Fort Worth City Council authorized the acceptance of RTC Environment Stewardship Program funds in the amount of $200,000.00 from NCTCOG for the Lancaster Corridor/Parkway Improvements Project; and, WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code provides authority for the North Central Texas Council of Governments and local governments 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: ARTICLE 1. PARTIES 1.1 Parties. This 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 the City of Fort Worth, hereinafter referred to as "Performing Party". The NCTCOG and Performing Party may each be referred to as a "Party" and may be collectively referred to as "Parties" to this Agreement. ARTICLE 2. FUNDING 2.1. Award Amount. The NCTCOG will reimburse the Performing Party's eligible costs for activities outlined in the Scope of Work (SCOPE) under the conditions in this OFFICIAL RECORD TRN5080—West Lancaster Corridor/Parkway Improvements CITY SECRETARY NCTCOG and the City of Fort Worth FT. WORTH, TX DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF Agreement not to exceed the maximum Award Amount of two hundred thousand dollars ($200,000). ARTICLE 3. SCOPE OF WORK 3.1 Scope. The Performing Party shall perform the agreed upon SCOPE outlined in Appendix A of this Agreement. Project as used herein means a Environmental Stewardship Program for the Lancaster Corridor Parkway Improvements project. 3.2 Scope of Work Changes. Changes to the SCOPE must be agreed to by both Parties in writing. ARTICLE 4. PAYMENTS 4.1 Reimbursement. Reimbursement shall be only upon completion of established milestones and deliverables, as outlined in Appendix A. Requests for Reimbursement should be submitted on Performing Party letterhead and should be accompanied by proof of payment, applicable receipts, a signature by a certifying official as detailed in Article 4.3, and other supporting documentation. Any reimbursement under this Agreement shall be payable only after eligible costs and deliverables are approved by NCTCOG. NCTCOG will approve payments as soon as practicable, but not later than forty-five (45) days after a complete Request for Reimbursement has been received, provided that complete and accurate supporting documentation has been submitted to NCTCOG. NCTCOG may deem a Request for Reimbursement incomplete if the data and/or documentation are incomplete or improper, or if the Performing Party fails to submit necessary reports or provide other information requested by the NCTCOG under the terms of this Agreement. The NCTCOG may reject requests for reimbursements which fail to demonstrate that costs are eligible for reimbursement and/or which fail to conform to the requirements of this Agreement. Costs incurred prior to execution of this Agreement are not eligible for reimbursement, unless authorized in a Notice to Proceed. 4.2 Reimbursement Requests. Reimbursement requests prepared by the Performing Party shall be submitted no later than March 31, 2023, or as otherwise mutually agreed. All invoices shall be submitted to NCTCOG at the e-mail address below: North Central Texas Council of Governments Email: TRgrants(D_nctcog.org 4.3 Certifying Official. As detailed in 4.1, the Performing Party is required to provide signed invoices. The individual noted below has the authority, on behalf of the Performing Party, to certify and serve as the signatory on invoices related to this project. By signing the invoice, Certifying Officials are acknowledging review of invoices to ensure expenses included in the invoice are consistent with the Agreement, all services and costs are documented on the invoices are accurate and eligible, and all subrecipient and contractors have been fully paid. Any invoices received by NCTCOG without the signature of the individual noted below may result in the invoice being returned unpaid. TRN5080—West Lancaster Corridor/Parkway Improvements Page 2 NCTCOG and the City of Fort Worth DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF Certifying Official: Name: Jesica McEachern Title: Assistant City Manager ARTICLE 5. PROCUREMENT, DESIGN STANDARDS AND CERTIFICATIONS 5.1 Design Guidelines. Performing Party agrees to oversee Project activities in compliance with standards and procedures established by Performing Party's governing body. 5.2 Procurement. Performing Party shall use competitive procurement practices consistent with Local Government Code Chapter 252 for purchases of goods and services and Government Code Chapter 2254 for purchase of professional and consulting services under this Agreement. 5.3 Certification. As part of any reimbursement request, Performing Party shall certify to NCTCOG/RTC that the project meets the standards and procedures established by Performing Party's governing body. 5.4 Required Documents. The Performing Party shall ensure that all required documents of the project, including but not limited to insurance certificates, performance or payment bonds, and required licenses and permits of a Performing Party or the Performing Party's subcontractors be kept on file, current, and available to the NCTCOG upon request. Additionally, any relevant performance documents pertaining to the project, such as correspondence, evaluations, reports submitted by the subcontractor and/or the Performing Party's contract administration team, payment requests, and copies of invoices shall be provided to the NCTCOG upon request. 6. TERM, MODIFICATION, AND SEVERABILITY 6.1 Term. This Agreement shall take effect on the date executed by the Parties and shall remain in effect until it is terminated. Performing Party is authorized to proceed once this Agreement is fully executed. 6.2 Termination. 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. This Agreement shall automatically terminate upon completion of the project. 6.3 Changed Circumstances. If future federal, State, or local statute, ordinance, regulation, rule, or action render this Agreement, in whole or in part, illegal, invalid, unenforceable, or impractical, the parties agree to delete and/or to modify such portions of the Agreement as are necessary to render it valid, enforceable, and/or practical. Each section, paragraph, or provision of this Agreement shall be considered severable, and if, for any reason, any section, paragraph, or provision herein is determined to be invalid under current or future law, regulation, or rule, such invalidity shall not impair the operation of or otherwise affect the valid portions of this instrument. 6.4 Severability. In the event any one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, TRN6080—West Lancaster Corridor/Parkway Improvements Page 3 NCTCOG and the City of Fort Worth DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF illegal, or unenforceable provision(s) to carry out as near as possible the original intent of the Parties. 6.5 Assignment. Without the prior written consent of the NCTCOG, the Performing Party may not transfer or assign any rights or duties under or any interest in this Agreement. 6.6 Amendments. Amendments to this Agreement must be signed by each Party. ARTICLE 7. MISCELLANEOUS PROVISIONS 7.1 Captions. The captions, headings, and arrangements used in this Agreement are for convenience only and shall not in any way affect, limit, amplify, or modify its terms and provisions. 7.2 Disputes and Remedies. The Performing Party and the NCTCOG shall negotiate in good faith toward resolving any disputes that arise under this Agreement. This Agreement does not limit any remedy or right under law available to a Party to enforce the terms herein. 7.3 Notice. All notices regarding this Agreement shall be in writing and shall be delivered to the persons identified below: NCTCOG Mailing Address: Michael Morris, P.E., Transportation Director North Central Texas Council of Governments 616 Six Flags Dr Arlington, Texas 76005-5888 NCTCOG Project Manager Jeffrey Neal Senior Program Manager North Central Texas Council of Governments Arlington, Texas 76005-5888 LOCAL GOVERNMENT Mailing Address: Joel McElhany Assistant Director 4200 South Fwy Fort Worth, Texas 76115 7.4 Liability. NCTCOG and the Performing Party agree that neither party is an agent, servant, or employee of the other party and agrees it is solely responsible for its individual acts and deeds as well as the deeds of its contractors, employees, representatives, and agents. 7.5 Force Majeure. It is expressly understood and agreed by the parties to this Agreement that, if the performance of any provision of this Agreement is delayed by force majeure, defined as reason of war, civil commotion, epidemic, pandemic, act of God, governmental restriction, regulation or interference, fire, explosion, hurricane, flood, failure of transportation, court injunction, or any circumstances which are TRN6080—West Lancaster Corridor/Parkway Improvements Page 4 NCTCOG and the City of Fort Worth DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. Each party must inform the other in writing within reasonable time of the existence of such force majeure. 7.6 Audits. NCTCOG reserves the right to conduct financial and program monitoring of all awards to the Performing Party and to perform an audit of all records related to this Agreement. An audit by NCTCOG may encompass an examination of all financial transactions, all accounts, and reports, as well as an evaluation of compliance with the terms and conditions of this Agreement. 7.7 Contractual Relationship. It is understood and agreed that the relationship described in this Agreement between the parties is contractual in nature and is not to be construed to create a partnership of joint venture or agency relationship between the parties. Nor shall nay party be liable for any debts incurred by the other party in the conduct of such other party's business or functions. 7.8 Availability of Funds. Consistent with Chapter 791 of the Texas Government Code, each Party paying for the performance of governmental functions or services will make those payments from current revenues available to the paying party. 7.9 Title VI Compliance. The Performing Party shall ensure compliance with Title VI of the Civil Rights Act of 1964 (42 U.S.0 § 2000d et seq., 78 stat. 252 and 49 CFR Part 21) which prohibits discrimination on the basis of race, color, national origin. 7.10 Internal Compliance Program. NCTCOG has adopted an Internal Compliance Program to prevent waste, fraud, or abuse. Contractors, agents, and volunteers can report suspected waste, fraud, or abuse at: https://www.nctcog.org/agency- administration/compliance-portal. Additional information regarding the Internal Compliance Program is available at the previous web address. APPENDICES The following appendices are attached and made part of this Agreement. Appendix A Scope of Work TRN6080—West Lancaster Corridor/Parkway Improvements Page 6 NCTCOG and the City of Fort Worth DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF IN WITNESS WHEREOF, the Parties have executed this Agreement. This Agreement becomes effective on the day the last Party signs. BY: BY: CITY OF FORT WORTH NORTH CENTRAL TEXAS COUNCIL OF GO F LtN,W. T.S op DtiLi�t ASRAvu� Jesica McEachern Mike Eastland Assistant City Manager Executive Director 10/6/2022 �dpaUnn� Oct 4,2022 a FORt�a Date: Date: F°°°°°°°° 0 ATTEST: 0�0 °�-��d V° °_ d ° lA s � r7kCG o o ,- c� Jannette S.Goodall(Octet 4,2022 20:05 CDT) ��' °oo° °°o � Jannette Goodall ���� EXpSoaa City Secretary y� APPROVAL RECOMMENDED: ByA )9' c/ Dave Lewis Interim Director, Park & Recreation Department APPROVED AS TO FORM AND LEGALITY --/—I � M&C No.: None By: Taylor Paris M&C Date: None Assistant City Attorney 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. .Wetill12 %tdA� Kevin Rodriguez, Landscape Architect OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX TRN6080—West Lancaster Corridor/Parkway Improvements Page 6 NCTCOG and the City of Fort Worth DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF APPENDIX A SCOPE OF WORK Project Scope The project scope includes the landscaping of 7 medians on Lancaster Avenue from Lamar Street to Jones Street. The medians which are 15.5 feet in width and taper down at turn lanes. The landscaping project includes the removal of existing Bermuda grass and installation of plant material (trees, shrubs, and grasses) and ground cover (Cypress mulch and decomposed granite). Additional treatment includes an 8-inch concrete edger. Existing Conditions The medians are currently planted with Bermuda grass and mowed on a 14-day cycle. Proposed Improvements The proposed improvements include the planting of 88 Natchez Crape Myrtle, 1,256 Pink Muhly and 2,530 Elijah Blue Fescue. The selection of these plants was influenced by the seasonal flowering color and hardiness in this urban environment. Additionally, the medium sized Crape Myrtle was selected as it would not screen out the "Avenue of Light" sculptures that were installed in 2009. These sculptures are at the ends of each median. Improvements also include twenty-two (22) trees to be replaced with nineteen (19) Red Oaks, two (2) Shumard Oaks, and one (1) Ginko. The planting bed will be covered with Cypress mulch which will be bound with an 8-inch-wide concrete edger. A 24-inch band of decomposed granite will be installed at the back of curb. Additionally, drip irrigation will be installed in the shrub beds. Irrigation bubblers on the trees will be turned off after the trees are established (approximately 2 years). The City agrees to conduct ongoing maintenance activities consistent with its maintenance activities in other corridors throughout the City, including weeding as needed and biennial structural pruning of trees. The City's standard one (1) year maintenance bond shall be required. If any plant material (trees or grasses) dies within the one (1) period, the City shall replace the plant material with the same species. Environmental Benefits The Natchez Crape Myrtle though a medium sized tree will provide shade on the roadway. Larger deciduous trees are currently planted along the sidewalks. Additionally, the proposed landscape treatment will remove the existing Bermuda grass and eliminate the need for mowing. Milestones and Deliverables Table Milestone/Deliverables from City of Fort Worth Date/Amount - Purchase 88 Natchez Crape Myrtle, 1,256 - March 31, 2023 Pink Muhly and 2,530 Elijah Blue Fescue, - $200,000 22 replacement trees - Submit invoice and progress report - Submit final progress report - March 31, 2024 TRN5080—West Lancaster Corridor/Parkway Improvements Page 7 NCTCOG and the City of Fort Worth DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF Pt.0 un-s6npe whh Images z �z ®` S W p �W �c �> 9 Ir Ig J d . ..r:. 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