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Home My WebLink AboutContract 53192 / �. CITY SECRETARY a r.,: ,ACT No. 3 �10ENNED DEC- 2019 AGREEMENT OF FORTWOOTil Between mVT iWA'aY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS And THE CITY OF FORT WORTH And STREAMS &VALLEYS, INC. For PRELIMINARY ENGINEERING OF THE BOMBER SPUR REGIONAL VELOWEB SHARED-USE PATH 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, in June 2018 the RTC adopted Mobility 2045, the Metropolitan Transportation Plan for North Central Texas, which identifies a variety of transportation options now and into the future for creating a high quality of life in the Dallas-Fort Worth area; and WHEREAS, Mobility 2045 includes the Regional Veloweb which is a network of off-street shared- use paths (trails) designed for non-recreational trip purposes by bicyclists, pedestrians, and other non-motorized forms of transportation; and WHEREAS, the Regional Veloweb identifies the Bomber Spur corridor for a future regional shared-use path; and WHEREAS, on October 11, 2018 the Regional Transportation Council (RTC) approved Surface Transportation Block Grant (STBG) funds to conduct preliminary engineering of the regional shared-use path alignment and to develop phasing and construction cost estimates provided that local entities provide local matching funds for federal funding; and WHEREAS, the City of Fort Worth and Streams & Valleys, Inc. will jointly provide the RTC- required local match funding to the federal funding ("Local Match") to conduct preliminary engineering of the regional shared-use path alignment; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: 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", the City of Fort Worth and Streams & Valleys, Inc. hereinafter referred to as the "SPONSORS". NCTCOG and the SPONSORS may each be referred to as a "Party", and may be collectively referred to as `Parties" to this Agreement. FOFNi.uAL Agreement Page 1 IY NCTCOG and City of Fort Worth and Streams&Valleys, Inc.(TRN5054) F f. WORTH,TX 2. Purpose This Agreement defines the terms and conditions for the preliminary engineering of the Bomber Spur Regional Veloweb Shared-use Path Project. Activities include preliminary design of a minimum 10-14 ft. wide hard surface path, trailheads, bridges, and various at-grade and grade separated crossings. The project will coordinate other concurrent efforts by the City to implement pedestrian and bicycle facilities along W. Vickery Blvd. The project deliverables will include conceptual engineering design schematic, preliminary environmental analysis report, and detailed estimate of probable construction costs and construction phasing. 3. Duties 3.1 NCTCOG and/or NCTCOG's consultant(s) will perform the tasks identified in the agreed upon Scope of Work. SPONSORS shall be provided the opportunity to review the project Scope of Work prior to finalization and approval by NCTCOG. 3.2 NCTCOG will designate a Project Manager to work directly with the SPONSORS and consultant(s) to complete the project. 3.3 SPONSORS will designate a Project Manager to work directly with the 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 SPONSORS to appropriately advertise the Request for Proposals (RFP)for consultant assistance. 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 SPONSORS upon request. Communication with the consultant(s) will be coordinated through the NCTCOG Project Manager. 3.6 The SPONSORS shall participate in the creation/definition of a Scope of Work for the Request for Proposal (RFP). The SPONSORS 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 consultant's contract shall be deemed as cost overruns and, subject to written authorization by the SPONSORS, shall be paid by the SPONSORS, except those specifically initiated by the NCTCOG. 3.7 The Scope of Work and other required project deliverables may be modified in writing without requiring an amendment to the Agreement. Agreement Page 2 NCTCOG and City of Fort Worth and Streams&Valleys, Inc.(TRN5054) 4. Funding 4.1 The total project costs for this Agreement is $200,000 ($160,000 STBG + $40,000 Local Match).The project costs include anticipated consultant expenses for completion of duties defined as part of Article 3.6. 4.2 The SPONSORS shall provide funds to NCTCOG to support the project by providing the Local Funds to the North Central Texas Council of Governments within 60 days of execution of this agreement. Issuance of a Notice to Proceed to the selected consultant is contingent on receipt of funds from the SPONSORS or as otherwise mutually agreed. a. CITY OF FORT WORTH shall provide a total of $10,000 in Local Match funds to NCTCOG to support the project. b. STREAMS AND VALLEYS, INC. shall provide a total of$30,000 in Local Match funds to NCTCOG to support the project. 4.3 NCTCOG will return any unused portion of the funds to the SPONSORS at the completion of the project. 4.4 SPONSORS shall provide payment to the NCTCOG in the amount of the mutually 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 unless as initiated by NCTCOG. 4.5 Each party paying for services under this Agreement shall make those payments from current revenues available to the paying party. 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. Agreement Page 3 NCTCOG and City of Fort Worth and Streams&Valleys, Inc.(TRN5054) 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 the 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 unenforceabiiity 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, when combined to make a fully executed document, shall be deemed an original. Agreement Page 4 NCTCOG and City of Font Worth and Streams&Valleys, Inc.(TRN5054) IN WITNESS HEREOF, the parties have executed this Agreement. This Agreement becomes effective on the day the last Party signs. CITY OF FORT WORTH 7�� - /0/7/,9 Fernando Costa Date Assistant City Manager APPROVED AS TO FORM AND LEGALITY Douglas W.Black,Sr.Assistant City Attorney AttE3 / yy M �o �y , C �cretary ;. 0FRUA�PEC] Cl ECRET'vt 'WORTH, Agreement Page 5 NCTCOG and City of Fort Worth and Streams&Valleys, Inc.(TRN5054) IN WITNESS HEREOF, the parties have executed this Agreement. This Agreement becomes effective on the day the last Party signs. STREAMS &VALLEYS, INC. z4XV,ti 1 6- 1, 20 l y Stacey Pie a Date Executive Director ®MCi AL. RECORD CITY SECRETARY FT. WORTH, TX Agreement Page 6 NCTCOG and City of Fort Worth and Streams&Valleys,Inc.(TRN6064) IN WITNESS HEREOF, the parties have executed this Agreement. This Agreement becomes effective on the day the last Party signs. NORTH CENTRAL TEXAS COUNCIL OF OVERNMENTS ike Eastland Date Executive Director OFFICIAL. RECORD CITY SECRETARY FT. WORTH,TX Agreement Page 7 NCTCOG and City of Fort Worth and Streams&Valleys, Inc.(TRN5054) ! ! ! j ! j _ . + Alk - k �. 30 77 _ J .�0 ti{ s � .f IW rr 4 .# �+ `',�' �� --tom` . ••• '� + 5 y d 4 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. 1 Name Employee ignature L6W&e4-&I - Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature OFFICIAL RECORD CITY SECRETARY FT WORTH,TX