Loading...
HomeMy WebLinkAboutContract 52781 CITY SECRETAR`{ CONTRACT NO. Ja-781 INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND THE FORT WORTH TRANSPORTATION AUTHORITY ("TRINITY METRO") ESTABLISHING MAINTENANCE OBLIGATIONS FOR TEXRAIL COMMUTER RAIL This Interlocal Agreement ("Agreement") is made between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, and the Fort Worth Transportation Authority ("Trinity Metro"), a regional transportation authority under Chapter 452, Texas Transportation Code. The City and Trinity Metro are collectively referred to as the "Parties" and individually as a"Party"; and WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas Government Code(the"Act")provides legal authority for the Parties to enter into this Agreement; and WHEREAS,this Agreement is to provide a government function or service that each Party is authorized to perform individually, and it serves the common interest of the both Parties; and WHEREAS, in 1994, Congress ordered the Federal Railroad Administration to enact federal regulations requiring train horns to be sounded at all public roadway at-grade crossings; and WHEREAS, in 2005, the final rule on quiet zones and the removal of the requirement for train horns to sound was adopted and placed in the Code of Federal Regulations; and WHEREAS, at-grade crossing in a quiet zone may also be equipped with Supplemental Safety Measures (SSMs) that may include four-quadrant gates, median barriers, one-way roads with gate, and permanent closure of nearby public crossings; and WHEREAS, in January 2019, TEX Rail commuter rail line from the Fort Worth Texas and Pacific (T&P) Station to the Dallas-Fort Worth(DFW) International Airport went into service by TRINITY METRO; and WHEREAS, on January 15, 2019, City Council (M&C G49446) authorized the establishment of seven quiet zone crossings located at: E. I" Street, 29th Street, Decatur Avenue, Schwartz Avenue, Deen Road, Sylvania Avenue, and Beach Street in conjunction with the TEXRail commuter rail service; and WHEREAS, on January 28, 2019 a notice to establish quiet zones along the TEXRail corridor at the seven locations of E. 1st Street, 29th Street, Decatur Avenue, Schwartz Avenue, Deen Road, Sylvania Avenue, and Beach Street was provided to the affected railroads; and WHEREAS, the City and Trinity Metro desire to enter into this Agreement to outline the responsibilities of each Party with respect to implementation, maintenance and reauthorization of the seven quiet zones; and 1 OFFICIAL RECOk CITY SECRETARY RECEN 81v.1 FT WORTH,T SEP 13 2019 CIN OF FORTWORIH WHEREAS, the governing bodies of the City and Trinity Metro, in paying for the performance of governmental functions or in performing such governmental functions, shall make payments from current revenues legally available to each Party; NOW THEREFORE, IN CONSIDERATION of the mutual promises and agreements contained herein, the parties do hereby agree as follows: ARTICLE 1. PURPOSE The purpose of this Agreement is to outline the maintenance responsibilities for both the City of Fort Worth and Trinity Metro for the seven (7) Supplemental Safety Measures (SSMs) Quiet Zones (QZ) located at E. I" Street, 291h Street, Decatur Avenue, Schwartz Avenue, Deen Road, Sylvania Avenue, and Beach Street. ARTICLE 2. TERM AND TERMINATION This Agreement shall begin upon the last day executed by all authorized parties("Effective Date") and shall continue in full force and effect unless terminated ("Term"). Either party to this Agreement may terminate this Agreement at any time and for any reason by providing the other party thirty(30) days' written notice to the other party or pursuant to Article 20 of this Agreement. ARTICLE 3. TRINITY METRO'S RESPONSIBILITY Trinity Metro is responsible to maintain: 1. all railroad signal equipment (to include, but not limited to, lights, vehicle and pedestrian gates, loops, escape fence); and 2. all railroad signage within the railroad right-of-way; and 3. all pedestrian sidewalks, gates, signals, signage within railroad right-of-way; and 4. all preemption circuit equipment for future preemption. ARTICLE 4. CITY'S RESPONSIBILITY The City of Fort Worth is responsible to maintain: 1. all railroad signage,pavement markings, street approaches and medians constructed for quiet zones that are outside of railroad right-of-way; and 2. existing and future street lights and sidewalk within city public right-of-way up to railroad right-of way; and 3. reauthorization with the FRA of the seven SSM quiet zones every five (5) years. 2 1099818 IV.1 ARTICLE 5. IMMUNITY The Parties do not waive any rights or defenses by entering into this Agreement that may be asserted by them and/or their officials, including the defense of governmental immunity, official immunity or qualified immunity. ARTICLE 6. ASSIGNMENT Trinity Metro shall not have the right to assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City, which such right shall be granted solely at the discretion of City. ARTICLE 7. GOVERING LAW AND VENUE This Agreement shall be construed in accordance with the laws of the State of Texas. Venue for any action brought on the basis of this Agreement shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. In any such action, each party shall pay its own attorneys' fees, court costs and other expenses incurred as a result of the action. ARTICLE 8. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. ARTICLE 9. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. ARTICLE 10. APPLICABLE LAW This Agreement is entered into subject to the Interlocal Cooperation Act, the governing charters and ordinances of the City and Trinity Metro, as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable Texas and Federal law. 3 10998181 V.1 ARTICLE 11. ENTIRE AGREEMENT This written instrument contains the entire understanding and agreement between the City and Trinity Metro as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with this Agreement. This Agreement may not be amended unless set forth in writing and signed by both parties. ARTICLE 12. SIGNATURE AUTHORITY The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. ARTICLE 13. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Trinity Metro shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Trinity Metro shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Trinity Metro acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Trinity Metro, its officers, agents, employees, servants, contractors and subcontractors. Trinity Metro further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Trinity Metro. ARTICLE 14. NO WAIVER The failure of either party to insist upon the performance of any provision or condition of this Agreement or to exercise any right granted herein shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. ARTICLE 15. NON-APPROPRIATION OF FUNDS The City and Trinity Metro will use best efforts to appropriate sufficient funds to support obligations under this Agreement. However, in the event that sufficient funds are not appropriated by either party's governing body, and as a result,that party is unable to fulfill its obligations under this Agreement,that party(i)shall promptly notify the other party in writing and(ii)may terminate this Agreement, effective as of the last day for which sufficient funds have been appropriated. 4 10998181 v.1 ARTICLE 16. RIGHT TO AUDIT Trinity Metro agrees that the City shall, until the expiration of three (3) years after termination of this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers, records, and communications of Trinity Metro involving transactions relating to this Agreement at no additional cost to City. Trinity Metro agrees that City shall have access during normal working hours to all necessary Trinity Metro facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Article. City shall give Trinity Metro reasonable advance notice of intended audits. ARTICLE 17. LIABILITY Nothing in the performance of this Agreement shall impose any liability for claims against City or Trinity Metro other than claims for which liability may be imposed by the Texas Tort Claims Act. ARTICLE 18. AMENDMENTS No amendment to this Agreement shall be binding upon either party hereto unless such amendment is set forth in writing, and signed by both parties. ARTICLE 19. FORCE MAJEURE The parties shall exercise their best efforts to meet their respective duties and obligations hereunder, but shall not be held liable for any delay in or omission of performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: compliance with any state or federal law or regulation, acts of omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions or existing contractual obligations directly related to the subject matter of this Agreement. ARTICLE 20. NOTICE Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by electronic means with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: 5 10998181V.1 City of Fort Worth Trinity Metro Attn: Assistant City Manager Attn: Bob Baulsir 200 Texas Street 801 Cherry Street, Ste. 850 Fort Worth TX 76 1 02-63 1 1 Fort Worth, TX 76102 Facsimile: (817) 392-8654 Facsimile: (817) 215-7533 With Copy to the City Attorney At same address ACCORDINGLY,the parties hereto, acting under the authority of the respective governing bodies, have caused this Agreement to be duly executed in multiple counterparts, each of which shall constitute an original, effective as of the last date subscribed by the party whose signature makes this Agreement fully executed. THE CITY OF FORT WORTH, TEXAS FORT WORTH TRANSPORTATION AUTHORITY By: By: v Dana Burghdo Bob Baulsir Interim Assista t City Uanager President& Chief Executive Officer 61 Date: �l� Date: ""I' 2-0 Recommended By: Approved as to Form: 1 Name: William Johnson, rector Title: Transportation and Public Works Department Attest: Approv d as to Form: N me P�Ct�i.a.• �at�(�� 36 ug as W. Black Title ao�, hye (jS Sr. Assistant City Attorney Fort Worth Contract Compliance Manager: M&C: G-19446 Date: January 15, 2019 By signing, i acknowledge that i am the person responsible for the monitoring and Atte administration of this contract. including ensuring all performance and reporting Mary J. Ka s k1: r. requirements. City Secretary C/;2 Chad Edwards Regional Mobility and innovation Officer 6 OFFICIAL RECORD CITY SECRETARY 10998181v.1 FT WORTH,TX MAYOR AND COUNCIL COMMUNICATION MAP TEXRAIL QUIET ZONES �{ n7 740 111VW r- R - * L ° "" •� y 1010 r ry a owl. x [� MEW7liar r IK 3r E R - iw �• E.1st Rom. � . `fir; �``� •„�4}i= - r-' +' ©2018 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. The City of Fort Worth assumes no responsibility for the accuracy of said data. 9/6/2019 M&C Renew Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT�RTI� COUNCIL ACTION: Approved on 1/15/2019 DATE: 1/15/2019 REFERENCE NO.: **G-19446 LOG NAME: 20TEXRAIL QUIET ZONES CODE: G TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Establishment of Quiet Zones at Seven TEXRail Crossings - East 1st Street, 29th Street, Decatur Avenue, Schwartz Avenue, Deen Road, Sylvania Avenue, and Beach Street in Support of the TEXRail Project (COUNCIL DISTRICTS 2, 4, and 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Notice of Quiet Zone Establishment (NOE)for seven crossings located along the new TEXRail corridor as follows: E. 1st Street, 29th Street, Decatur Avenue, Schwartz Avenue, Deen Road, Sylvania Avenue, and Beach Street. DISCUSSION: The establishment of these quiet zones is being done in conjunction with the construction of the new TEXRail line, which is anticipated to be open in January 2019. The Transportation and Public Works Department proposes to create quiet zones, pursuant to the Federal Railroad Administration (FRA) Train Horn rule at the seven crossings listed below: E. 1st Street(Council District 8) -TEXRail 29th Street(Council District 2) -TEXRail, FW W R Decatur Avenue (Council District 2) - TEXRail, FW W R, Schwartz Avenue (Council District 2) -TEXRail, FW W R, UPRR Deen Road (Council District 2) -TEXRail, FWWR, UPRR Sylvania (Council Districts 2 and 4)-TEXRail, UPRR Beach Street (Council District 4) -TEXRail, UPRR Upon approval of this M&C, the City will execute and submit the NOE to the FRA and affected railroads. With the expected approval from FRA, the quiet zones could be established first quarter 2019. The required Notice of Intent was provided on August 14, 2018 to the affected railroads. The City and Trinity Metro will execute an interlocal agreement governing maintenance responsibilities for these quiet zones. CTC Inc., provided quiet zone application services for the City in the amount of$50,288.07 pursuant to City Secretary Contract No. 49643. The quiet zones are in COUNCIL DISTRICTS 2, 4, and 8. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that this action will have no material effect on City funds. TO IFund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM http://apps.cfv,net.org/councilj:)acket/mc renew.asp?ID=26649&councildate=l/1512019 1/2 9/6/2019 M&C ReHew F �Nhd Department Account Project Program Activity Budget Reference # Amount i ID I ID I I I Year ChartField 2 Fiind DepaltMellt__ _Account _project. _program_ Budge __Reference-A— IDID Year!J- (Chartfiield 2) Submitted for City Manager's Office by; Susan Alanis (8180) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Lissette Acevedo (2722) ATTACHMENTS MapTexRail Quiet Zones.pdf http://apps.cfinet.org/council j)ackeVrnc_re\Aew.asp?ID=26649&councildate=1/1512019 2/2