HomeMy WebLinkAboutContract 40026INTERLOCAL AGREEMENT BETWEEN
FORT WORTH TRANSPORTATION AUTHORITY AND
THE CITY OF FORT WORTH
FOR FUNDING OF A MODERN STREETCAR
PLANNING AND DESIGN PROJECT
This Agreement (the "Agreement") is made and entered into by and between the FORT
WORTH TRANSPORTATION AUTHORITY, a political subdivision of the State of Texas
("FWTA"), and the CITY OF FORT WORTH, a Texas homerule city ("CITY"), for the funding of
planning and preliminary design of a modern streetcar system.
WHEREAS, FWTA was created in 1983 by the voters of Fort Worth and all power and
authority of the FWTA is vested in and exercised by its nine -member Board of Directors who are
appointees of the Fort Worth City Council and the Tarrant County Commissioners' Court; and
WHEREAS, FWTA is an independent political subdivision pursuant to Chapter 452 of the
Transportation Code, with its own taxing authority of one-half of one percent (0.5%) for the
transportation facilities, services, and funding options; and
WHEREAS, the Modern Streetcar Study Committee recommended a starter alignment and
the next steps for implementation of a modern streetcar to the City Council on December 16, 2008
that would connect the City's two largest employment centers, numerous cultural destinations and
four urban villages; and
WHEREAS, the North Central Texas Council of Governments ("NCTCOG"), through
action by the Regional Transportation Council ("RTC") has awarded $1.6 million of Congestion
Management and Air Quality ("CMAQ") funds for further study of a modern streetcar, and these
funds require a local match of twenty percent (20%), or $400,000, for a total project cost of $2.0
million; and
WHEREAS, in April 2009 the Fort Worth City Council authorized M&C G-16536 which
approved $200,000 of the City's portion of the required local match; and
WHEREAS, in the Spring of 2009, FWTA's Board of Directors authorized $150,000 to be
combined with the City's matching share in funding a study for additional planning and analysis of
the modern streetcar; and
WHEREAS, in September 2009 FWTA's Board of Directors authorized an additional
$50,000 funding, increasing the total commitment from FWTA to $200,000 to be used for the local
match for the $2 million study; and
WHEREAS, The FWTA desires to participate in the study by funding one-half (1/2) of the
20 percent local share of the total project cost and the City desires to accept the FWTA's
participation in the cost by the execution of an interlocal cooperation agreement; and
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal
cooperation agreements between and among governmental entities, provides that a local government
may contract with another to perform governmental functions and services, and the parties mutually,-.._�
desire to be subject to the provisions of Texas Government Code, Chapter 791, also known as the.
Interlocal Cooperation Act.
NOW THEREFORE, in consideration of the premises and other considerations herein set
forth, the sufficiency of which is hereby acknowledged, FWTA and the City do hereby agree as
follows:
AGREEMENT
1. The City and FWTA will work collaboratively to retain a consultant to perform tasks
such as a further evaluation of the recommended streetcar alignment including, but not limited to, a
determination of whether bus rapid transit (`BRT") is better suited for the alignments, development
of design and operation assumptions, ridership and operating cost forecasts, an impact analysis of
economic development potential for the streetcar, preliminary engineering and environmental
assessment.
2. The FWTA and the City will share, 50 percent each, the local match in the amount of
$400,000, which represents a commitment of $200,000 each.
3. This Agreement shall be effective on the ��5+ day of nc� , 2010 and
continue until December 31, 2010, unless completed or terminated at an earlier date by either party
giving 30 days notice to the other party.
4. Each party has adequate funds in their respective FY 2010 budgets to cover their
committed participation.
IN WITNESS WHEREOF, the City has caused this Agreement to be executed in four (4)
original counterparts, by its duly -authorized and empowered City Manager; and the Fort Worth
Transportation Authority has caused this Agreement to be executed by its duly -authorized and
empowered President/Executive Director,
contract Authoriaatio�.
Date
CITY
By:
Assistant City Manager
APPROVED AS TO FORM:
By:
Name:
Assistant
City Attorney
FORT WORTH TRANSPORTATION AUTHORITY
By:
Richard L. Ruddell
President/Executive Director
APPROVED AS TO FORM:
By:
2
M. Hartless, General Counsel
City of Fort Worth, Texas
Mayor and councii C
Ti:1111,
unication
COUNCIL ACTION: Approved on 9/22/2009 —Ord. No. 18831-09-2009
DATE: Tuesday, September 22, 2009 REFERENCE NO.: G-16708
LOG NAME. 06MODERN STREETCAR PLANNING AND DESIGN
SUBJECT:
Authorize Acceptance of $1,600,000.00 in Federal Transportation Funds, Authorize Allocation of Funds for
Local Rail Planning and Design, Authorize Execution of Funding Agreements with the Texas Department of
Transportation and The Fort Worth Transportation Authority and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept Congestion Mitigation and Air Quality Improvement Program
federal transportation funds in the amount of $1,600,000.00 (consisting of $1,424,000.00 cash and
$176,000.00 non —cash) allocated by the Regional Transportation Council for local rail planning and design;
2. Authorize the City Manager to execute a Funding Agreement with the Texas Department of Transportation
for use of the federal funds and to remit payment for applicable administrative fees, not to exceed
$44,000.00;
3. Authorize the City Manager to execute an Inter —Local Agreement with the Fort Worth Transportation
Authority in order to split the required $4001000.00 in local match and to address project management duties;
4. Authorize the transfer of $200,000.00 from the New Development Fund to the Grant Capital Projects Fund
for the City match; and
5. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the
Grant Capital Projects Fund by $2,000,000.00.
DISCUSSION:
The 2004 Capital Improvement Program included funds for the City's match for federal or state grant funds
for redevelopment or streetscape projects in the City. On April 14, 2009, (M&C G-16536) the City Council
adopted an ordinance finding that conditions have materially changed and expanded the allowed use of
approximately $1.3 million in 2004 Capital Improvement Program Funds for urban development to include
the proposed modern streetcar system and non —grant urban village projects.
In July 2008, the City Council appointed a Modern Streetcar Study Committee to evaluate the feasibility of
developing a modern streetcar system to complement the regional rail system, including identifying a starter
alignment and recommending implementation steps. In December 2008, the Modern Streetcar Study
Committee recommended to the City Council next steps for implementation of a modern streetcar system that
would connect Downtown with up to six urban villages. One of the first steps recommended is to hire a
consultant to conduct additional planning work and to prepare the schematic design of the streetcar
alignments.
In August 2008, the Regional Transportation Council (RTC) allocated $1.6 million in Regional Toll Revenue
(RTR) funds for the modern streetcar project. Due to a State Attorney General ruling that RTR funds must be
spent on projects within the generating Texas Department of Transportation (TxDOT) district, the allocated
RTR funds are no longer available. In July 2009, the RTC allocated $1.6 million in Congestion Mitigation
and Air Quality (CMAQ) Improvement Program federal funds to replace the RTR funds for the streetcar
project.
The Fort Worth Transportation Authority (The T) has committed to provide one—half of the required
$400,000.00 local match for a total of $2.0 million for planning and design work. The T Board of Directors
allocated $150,000.00 in March 2009, and has an action item on their September 2009, agenda to allocate the
remaining $50,000.00 in matching funds. The City Council approved the use of $200,000.00 from 2004
Urban Development Bond funds for the project in April 2009 (M&C G-16536). The City and The T would
enter into an agreement to provide funding for the local match. The federal funds require a funding
agreement with TxDOT.
The Purchasing Office released a Request for Qualifications (RFQ) for this project on September 9, 2009.
The scope of work includes preparing design and operational assumptions, estimated ridership, analysis of
economic impacts, financial and business planning and preliminary engineering and environmental
assessment of a starter alignment. The Disadvantaged Business Enterprise (DBE) participation goal is 20
percent.
Upon approval of this M&C, staff will complete the following activities:
• Work with The T to execute an inter —local agreement regarding local match and project management
duties;
• Work with TxDOT to execute a funding agreement and remit payment for TxDOT's administrative
fees, estimated to be eight percent of project costs;
• Work with a stakeholder committee to select the consultant team; and
• Request City Council authorization to execute a professional services agreement with the selected
consultant team.
Staff anticipates work to begin in November 2009, and conclude by August 2010.
The project is applicable to ALL COUNCIL DISTRICTS.
FISCAL INFORMATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
execution of agreements with TxDOT and The T and adoption of the attached appropriation ordinance, funds
will be available in the current capital budget, as appropriated, of the Grant Capital Projects Fund,
FUND CENTERS:
TO Fund/Account/Centers
1 & 5) GR74 451942 006302416000
1 & 5) GR74 451962 006302416000
3 & 5) GR74 451454 006302416000
4 & 5) GR74 472202 006302416000
5 GR74
5(VARIOUS) 006302416XXX
5, ) GR74 533280 006302416XXX
GR74
5(VARIOUS) 006302416XXX
2 & 5) GR74 539120 006302416XXX
FROM Fund/Account/Centers
•�i]11 it • 1 11• i ZA •
200,000.00 1
538070 061770141030
'200,000900
CERTIFICATIONS:
Submitted for City Manager's Office by,@ Fernando Costa (6122)
Originating Department Head: Susan Alanis (8180)
Additional Information Contact: David Gaspers (8183)
ATTACHMENTS
1. 06MODERN STREETCAR PLANNING Ordinance.doc
2. Accounting Info.pdf
3. FAR-00001[l].1df