HomeMy WebLinkAboutContract 31882 T Contract No.
City Secretary Contract No. f
INTERLOCAL AGREEMENT
FOR THE
MAQ PLAN-PHASE II PROJECT
BETWEEN
THE FORT WORTH TRANSPORTATION AUTHORITY
AND
THE CITY OF FORT WORTH, TEXAS
This Agreement is entered into by between the Fort Worth Transportation Authority, a
transportation authority created pursuant to V.T.C.A., Transportation Code Chapter 452, hereinafter
referred to as "The T", acting by and through, Richard L. Ruddell, its duly authorized
President/Executive Director, and the City of Fort Worth, Hereinafter referred to as "City", acting
by and through Marc A. Ott, its duly authorized Assistant City Manager, both of Tarrant County,
State of Texas. The T and City are sometimes referred to herein as the Parties.
WHEREAS, this Agreement is made under the authority of Sections 791.001 - 791.029,
Texas Government Code; and
WHEREAS, each governing body, in performing governmental functions or in paying for
the performance of governmental functions hereunder, shall make that performance or those
payments from current revenues legally available to that party; and
WHEREAS, each governing body finds that the performance of this Agreement is in the
common interest of both parties, that the undertaking will benefit the public and that the division of
costs fairly compensates the performing party for the services or functions under this agreement;
and
WHEREAS, each Party warrants and represents to the other Party that each Party has been
authorized by its respective governing body to enter into this Agreement; and
WHEREAS, each governing body agrees to share in the cost of the services as stated
below; and
NOW THEREFORE, The T and City agree as follows:
1. Plan. The Parties are jointly conducting a Mobility and Air Quality Study, which is
the second phase of a long-range Mobility and Air Quality Plan, hereinafter ca, e t eo�$1 ,, t lat
YEN.
is being developed by the Parties. The Plan seeks to integrate transportation systems, improve air
quality and increase economic growth for the City and the region. The purpose of Phase II is to
identify, analyze, and recommend transportation alternatives and/or programs for improving
mobility and air quality for the City and the region.
2. Preparation of the Plan. The City shall be responsible for the preparation of the Plan.
The Parties anticipate that the City will be executing a professional services contract with Wilbur
Smith Associates, hereinafter referred to as the "Consultant", to prepare the Plan. The City will be
responsible for managing the contract with the Consultant. During the preparation of the Plan, the
Parties shall both work cooperatively with the Consultant to assist in the Plan's preparation. All
reports generated by the Consultant shall be available to the Parties.
3. Cost. The Parties reasonably believe that the total cost of the preparation of the Plan
will not exceed the sum of$670,0000. The T's share of the cost of the preparation of the Plan shall
not exceed $65,000. The City shall include a provision in its contract with the Consultant requiring
the Consultant to notify the City in the event that the Consultant believes that the total cost of the
Study will exceed $670,000, in which event The T and City agree to negotiate in good faith to share
in the excess cost. If the parties are unable to agree on the funding of the additional costs, City may
terminate the Consultant's contract upon the expenditure of the full contract amount and the Parties
shall not be obligated to fund any additional cost.
4. Term. The term of this Agreement begins on May 2, 2005 and extends through
November 30, 2006.
5. Effect of Agreement.
(a) Nothing in the performance of this Agreement shall impose any liability for
claims against either the City or The T other than claims for which the Texas Tort Claims Act,
Chapter 101, Texas Civil Practice and Remedies Code, may impose liability.
(b) The Parties to this Agreement do not intend for any third party to obtain a
right by virtue of this Agreement.
(c) By entering into this Agreement, the Parties do not intend to create any
obligations express or implied other than those stated in the Agreement; further, this Agreement
shall not create any rights in any party not a signatory to the Agreement.
(d) Except as otherwise expressly provided herein, this agreement is non-
assignable, and any unauthorized purported assignment or delegation of any duties hereunder,
Interlocal-Mobility and Air Quality Plan Phase II
CITY of FORT WORTH AND THE T
Page 2 of 3
without the prior written consent of the other party, shall be void and shall constitute a material
breach of this agreement.
(e) This Agreement constitutes the entire agreement by the Parties hereto, and
any prior or contemporaneous oral or written agreements, shall be void and of no force and affect.
(f) 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.
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 of affixed, and the T has executed this instrument in
quadruplicate, at Fort Worth, Texas this the day of May, 2005.
CITY OF FORT WORTH, TEXAS: FORT WORTH TRANSPORTATION
AUTHORITY:
By: By
Marc A. Ott Rip and L. Ruddell
Assistant City Manager President/Executive Director
Approved as to Form and Legality: Approved as to Form and Legality:
Gary teinberger Syl is M. Hartless
Assistant City Attorney Counsel
City of Fort Worth, Texas Fort Worth Transportation Authority
ATTEST:
Marty Hendri , City Secretary Contract A t ori*z atjoAn
Date:
Interlocal-Mobility and Air Quality Plan Phase Il
wCITY of FORT WORTH AND THE T r�ii11 UUk
Page 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/17/2005 - Ord. #16436-05-2005 & 16437-05-2005
DATE: Tuesday, May 17, 2005
LOG NAME: 20MAQPLANPHII REFERENCE NO.: **C-20733
SUBJECT:
Authorize Execution of an Interlocal Agreement with the Fort Worth Transportation Authority, Adopt
Appropriation Ordinances and Authorize Execution of a Contract with Wilbur Smith Associates to
Conduct Phase II of the Mobility and Air Quality Plan for the City of Fort Worth
RECOMMENDATION:
It is recommended that the City Council:
1.) Authorize the City Manager to execute an Interlocal Agreement with the Fort Worth Transportation
Authority to accept $65,000 for the joint funding of Phase II of the Mobility and Air Quality Plan for the City
of Fort Worth;
2.) Adopt the appropriation ordinance increasing estimated receipts and appropriations in the Critical
Capital Projects Fund in the amount of $65,000 for funds received from the Fort Worth
Transportation Authority for participation in the Phase II Mobility and Air Quality Plan for the City of Fort
Worth;
3.) Authorize the City Manager to transfer funds in the amount of$1,350,006 from the Meacham Runway
16/34 Improvement project from the Airport Capital Improvement Fund to the Street Improvements
Unspecified Project in the Critical Capital Projects Fund;
4) Adopt the appropriation ordinance increasing estimated receipts and appropriations in the amount of
$1,350,006 from increased revenue in the Critical Capital Project Funding; and
5.) Authorize the City Manager to execute a contract with Wilbur Smith Associates for Phase II of the
Mobility and Air Quality Plan for the City of Fort Worth in the amount of$670,000.
DISCUSSION:
The City Council of Fort Worth has established the improvement of Mobility and Air Quality as one of the
City's strategic goals. To accomplish this goal, the City and the Fort Worth Transportation Authority are
developing a Mobility and Air Quality Plan (MAQ) that seeks to integrate transportation systems, improve air
quality and increase economic growth for Fort Worth and the region.
The Fort Worth Transportation Authority has agreed to enter into an Interlocal Agreement with the City to
assist in funding Phase II of the Mobility and Air Quality Plan. The funding provided by the Fort Worth
Transportation Authority is $65,000.00. The MAQ Plan is being conducted in three phases. Phase I of the
Plan, Transportation Gap Analysis Study, was competed in June 2004. The study findings concluded that
the population within the study area will increase by 94% to 2.9 million people by 2030, most of which will
Logname: 20MAQPLANPHII Page I of 3
locate outside of Loop 820 in single family residential developments. An estimated 895,000 jobs will be
added in the study area and 71% of the population will live outside the current Fort Worth Transportation
Authority service area. The study conclusions indicate that even with all the planned roadway improvements
identified in the region's Mobility 2025 Plan, 40% of the freeways and 42% of the local arterial roadways will
be severely congested by 2030. Developing a planned and programmed strategy to address congestion
and other mobility issues is needed to ensure the effective and efficient movement of people and goods.
Simply providing additional roadway capacity will not meet the City and the region's transportation needs
and air quality goals. More transportation options are needed.
Phase II of the MAQ Plan will identify, analyze, and recommend transportation alternatives, and programs
for improving mobility and air quality for the City of Fort Worth and the region. The overall work program will
include the following tasks:
Development of a project management plan;
Development of a public involvement plan;
Development of MAQ Plan guiding principles and policies;
Development and Analysis of Transportation Alternatives and Programs;
Recommendations for preferred alternatives and programs; and
Development of estimated costs and prioritization of projects.
Phase III of the Plan will follow and will include: Strategic implementation plan, including funding strategies
and recommendations.
The final product will be a comprehensive transportation system plan for the City of Fort Worth that provides
transportation choices for residents, employees, visitors and firms doing business in Fort Worth.
Following a request for proposals and interview process, Wilbur Smith Associates was selected for the
Phase II study because of its professional qualifications and its work involving transportation alternatives
analysis, land use and economic impact analysis.
Wilbur Smith Associates is in compliance with the City's M/WBE Ordinance by committing to 18% M/WBE
participation. The City's goal on this project is 18%.
In December 2000, Council approved the sale of approximately $45 million in Certificate of Obligations
(CO's) for several unfunded and/or underfunded projects. Funding in the amount of $2,780,000.00 was
included as 10% match to leverage Federal Aviation Administration funding to reconstruct Meacham
Runway 16/34 however, the FAA has determined that the scope of the runway improvements is
significantly less and city participation will only require $1,429,994.00. This material project change results
in unused funds of $1,350,006.00.
Generally, when a CO sale occurs, several specific or general capital projects are referenced in the Notice
of Intent to Issue. Project costs are estimates and as a result, if there are any unused funds from a project,
the Attorney General's Office allows for funds from one project to be applied to any of the other projects
referenced in that particular sale. Eligible projects from this sale included street and park projects
throughout the City of Fort Worth. Previously, these funds have been appropriated in the Meacham
Runway 16/34 Project in the Aviation Improvements Fund; therefore, staff recommends Council authorize
the transfer of these funds to the Street Improvements Fund to be utilized for unfunded and underfunded
street improvement projects in the total amount of$1,350,006.00 as follows:
- $ 625,000 for Phase II of the Mobility and Air Quality Plan;
- $ 250,000 for road repairs on the Eastside of Spinks Airport;
-$ 475,006 to supplement Final Payment in the amount of$ 1,177,902.63 to TxDOT for Camp Bowie
Blvd./7th St./University Drive/Bailey Avenue intersection improvements. City staff will bring forward a
M&C to City Council authorizing the final payment in the next month.
Logname: 20MAQPLANPHII Page 2 of 3
In addition to the contract amount, $20,000.00 will also be required for printing maps, report production and
postage for public involvement.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
appropriations ordinances, funds will be available in the current capital budget, as appropriated, of the
Critical Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
2)C116 451454 020116021901 $65,000.00 3) GC24 538070 055240438510 $1,350.006.00
3)C116 472024 020116021901 $1,350,006.00 4)C116 531200 020116021226 $670,000.00
2)C116 541200 020116021901 $65,000.00
4)C116 541200 020116021901 $1,350,006.00
Submitted for City Manager's Office bv: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Christa Sharpe (8009)
Logname: 20MAQPLANPHII Page 3 of 3