HomeMy WebLinkAboutContract 40492MAINTENANCE AND USE AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND
THE FORT WORTH TRANSPORTATION AUTHORITY
FOR HYDE PARK TRANSIT PLAZA AS REQUIRED BY ILA #29793-A1
THIS MAINTENANCE1VD USE AGREEMENT (Agreement) is made and entered into
this + S�- day of / I '' �� 2010, by and between the CITY OF FORT
WORTH, a home rule municipal corporation situated in the State of Texas (hereinafter referred to
as "City"), acting by and through the Director of the Parks and Community Services Department
(hereinafter referred to as "Director") and the Fort Worth Transportation Authority, a political
subdivision of the State of Texas created and existing pursuant to Chapter 452 of the Transportation
Code (hereinafter referred to as 'The T" ), acting herein by and through its duly authorized
President/Executive Director,
RECITALS
WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation Act,
Sections 791.001 through 791.033 of the Texas Government Code; and
WHEREAS, the Interlocal Cooperation Act authorizes local governments, including
counties and municipalities, to contract with one another to perform governmental functions and
services, which include functions or services in the area of parks and recreation; and
WHEREAS, the City and The T have entered into an Interlocal Agreement, City Secretary
Number 29793-A1; and
WHEREAS, the Interlocal Agreement requires that a Maintenance and Use Agreement be
written for the project transit area; and
WHEREAS, the governing body of each party 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, the governing body of each party has authorized entering into this Agreement
by the signing of Interlocal Agreement; and.
WHEREAS, this Agreement states the purpose, terms, rights, and duties of the contracting
parties; and
WHEREAS, each party in performing government functions or services or in paying for
the performance of governmental functions or services hereunder shall make that performance or
those payments from current revenues legally available to that party.
NOW THEREFORE, in consideration of the mutual promises contained herein, the City -
and The T do hereby covenant and agree as follows: OFFICIAL RECORD
RT
CITY SECRETARY
01
Maintenance & use Agreemeac — xyae Palk Transit Plaza FlnaWQ
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06-15-10 A10:00 IN 06-24-10 P02:
AGREEMENT:
SECTION 1
PURPOSE; PARTIES
L1 The purpose of this Agreement is to establish and identify responsibility for the maintenance
and use of Hyde Park Transit Plaza encompassing both City and The T properties located at
Throckmorton and 9th Streets, as further identified in "Exhibit A" of this Agreement.
1.2 City -owned property known as Hyde Park is part of the Hyde Park Transit Plaza. Hyde Park
is currently maintained under an Adopt -a -Park agreement with Old Hyde Park, LLC. In the event
the Adopt -a -Park agreement with Old Hyde Park, LLC is terminated or expired, the City will resume
maintenance of the Park. Maintenance of all other property at the Hyde Park Transit Plaza owned
by the City and The T is covered by this Agreement.
SECTION 2
TERM
2.1 The primary term of this Agreement shall be for 20 years commencing on the !S�
of LJ Lt l 2 2010, and ending on the of i 2030. 4"6
2.2 The primary term may be renewed by mutual, written consent between e T and the City
for two additional consecutive fifteen (15) year terms unless termination is exercised by either party
pursuant to the termination provisions expressed herein.
SECTION 3
RESPONSIBILITIES OF THE PARTIES
3.1 The T agrees to:
3.1.1 Cede primary responsibility for day-to-day operation and maintenance of the
landscaping, street, and traffic control at Hyde Park Transit Plaza to the City.
3.1.2 Maintain bus stops and shelters located at the Hyde Park Transit Plaza.
3.1.3 Submit any plans for improvements and landscaping to the City for review and
approval.
3.1.4 In providing any improvements, the T shall take such steps as are appropriate to
ensure that the work involved is properly coordinated with any related work performed by
the City.
3.2 The City agrees to:
3.2.1 Maintain all turf areas in accordance with the most current
the Parks and Community Services Department.
standards .of
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Maintenance &Use Agreement —Hyde Park Transit Plaza
3.2.2 Maintain and replace trees in accordance with the
standards of the Parks and Community Services Department.
3.2.3 Provide the irrigation required to establish trees.
most current tree maintenance
3.2.4 Collect and properly dispose of all trash, garbage, litter, and debris.
3.2.5 Provide street maintenance and traffic management.
3.2.6 Submit any plans for improvements and landscaping to The T for review and
approval.
3.2.7 In providing such services, the City shall take such steps as are appropriate to ensure
that the work involved is properly coordinated with any related work performed by The T.
SECTION 4
FUNDING LIMITATION
4.1 Pursuant to section 791.011 of the Interlocal Cooperation Act, each party paying for
performance of governmental functions or services under this Agreement must make those
payments from current revenues available to the paying party. Any payments required under this
Agreement will be due within 30 days from receipt of invoice.
SECTION 5
DISCRIMINATION/DISABILITIES
5.1 The T, in its construction, maintenance, occupancy, or use of Hyde Park Transit Plaza shall
not discriminate against any person or persons because of race, age, gender, religion, color, national
origin, sexual orientation, disability, familial status, gender identity, gender expression, and
transgender.
5.2 The City, in its construction, maintenance, occupancy, or use of Hyde Park Transit Plaza
shall not discriminate against any person or persons because of race, age, gender, religion, color,
national origin, sexual orientation, disability, familial status, gender identity, gender expression, and
transgender." .
SECTION G
NOTICES
6.1 Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid, certified
mail, return receipt requested, and addressed to the other party as follows:
Maintenance &Use Agreement —Hyde Park Transit Plaza Page 3 of 8
CITY:
City of Fort Worth
Parks and Community Services Director
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115
With copy to:
Assistant City Attorney
1000 Throckmorton Street
Fort Worth, Texas 76102
The T:
Fort Worth Transportation Authority
Richard L. Ruddell
1600 E. Lancaster
Fort Worth, Texas 76102
With a copy to:
FWTA General Counsel
1600 E. Lancaster Avenue
Fort Worth, TX 76102
6.2 Mailing of all notices pursuant to this Section shall be deemed sufficient if mailed postage
prepaid, certified mail, return receipt requested, and addressed as specified above, unless either party
has been notified in writing of any changes to such address(es) or addressee(s). All time periods
related to any notice requirements specified in this Agreement shall commence on the date notice is
mailed.
SECTION 7
INDEPENDENCE OF THE PARTIES
7.1 The parties hereto covenant and agree that each such party is independent and not an
officer, agent, servant, or employee of the other party; that each shall have exclusive control of and
exclusive right to control the details of the portion of work that each such party is performing
hereunder and all persons performing same on behalf of each party respectively, and that each party
is responsible for the acts and omissions of its respective officers, agents, employees, contractors,
subcontractors, and consultants. Nothing herein shall be construed as creating a partnership or joint
enterprise between the City and The T.
SECTION 8
SUCCESSORS AND ASSIGNS
8.1 Neither party shall assign or otherwise transfer its rights and obligations under this
Agreement except with prior written consent of the other party. Any attempt by either party to
assign or transfer without the consent of the other party shall be null and void.
SECTION 9
TERMINATION AND REMEDIES
9.1 This Agreement may be terminated with or without cause by either party upon thirty (30)
days' written notice to the other party.
I�faintenance &Use Agreement —Hyde Park Transit Plaza Page 4 of 8
SECTION 10
INSURANCE
10.1 If The T is aself-insured entity and performs any work on City property with The T
employees, The T shall extend the protection of its self-insurance to the City for any and all damages
and injuries arising from The T's performance under this Agreement.
10.2 If The T performs any work on City property through a contractor or contractors, The T
shall require its contractor or contractors to furnish the City with a completed Certificate of
Insurance and shall ensure the contractor or contractors maintain such insurance during the term of
the Agreement.
10.3 If the City is aself-insured entity and performs any work on The T property with City
employees, the City shall extend the protection of its self-insurance to The T for any and all damages
and injuries arising from the City's performance under this Agreement.
10.4 If the City performs any work on The T property through a contractor or contractors, the
City shall require its contractor or contractors to furnish The T with a completed Certificate of
Insurance and shall ensure the contractor or contractors maintain such insurance during the term of
the Agreement.
SECTION 11
SEVERABILITY; WAIVER; HEADINGS
11.1 In the event any covenant, condition, or provision of this Agreement is held to be invalid by
any court of competent jurisdiction, the invalidity of such covenant, condition, or provision shall m
no way affect any other covenant, condition or provision herein contained, provided however, that
the invalidity of any such covenant, condition, or provision does not materially prejudice either the
City or The T in connection with the rights and obligations contained in the valid covenants,
conditions, or provisions of this Agreement.
11.2 The failure of City to insist on the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any
extent of the City's ability to assert or rely on any such term or right on any future occasion. The
waiver by the City of any default or breach of a term, covenant, or condition of this Agreement shall
not be deemed to be a waiver of any other breach of that term, covenant, or condition or of any
other term, covenant, or condition of this Agreement, regardless of when the breach occurred.
11.3 The section headings contained herein are solely for convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
Maintenance &Use Agreement —Hyde Park Transit Plaza Page 5 of 8
SECTION 12
AFFECT ON THIRD PARTIES
12.1 Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense
that may be asserted by the CITY or The T as to any claim of any third party. Nothing herein shall
be construed in any manner, to create a cause of action for the benefit of any person not a party to
this Agreement, or to create any rights for the benefit of any person not a party to this Agreement
not otherwise existing at law.
SECTION 13
DAMAGE TO CITY PROPERTY
13.1 In the event that any City -owned property, such as utilities, improvements, equipment, turf,
etc., are damaged or destroyed during any maintenance activities due to negligence or acts of
omissions of The T staff or The T contractors, The T shall be solely responsible for all repairs or
replacements at no cost to the City. The City and The T shall jointly determine whether any damage
has been done, the amount of the damage, the reasonable costs of repairing the damage, and
whether The T is responsible.
13.2 In the event that any The T-owned property, such as utilities, improvements, equipment,
turf, etc., are damaged or destroyed during use or maintenance due to negligence or acts of
omissions of City staff or City contractors, City shall be solely responsible for all repairs or
replacements at no cost to The T. The T and the City shall jointly determine whether any damage
has been done, the amount of the damage, the reasonable costs of repairing the damage, and
whether City is responsible.
SECTION 14
COMPLIANCE WITH LAW
14.1 The City and The T shall comply with all federal, state, and local laws, rules, and regulations,
as well as with all regulations, restrictions, and requirements of the police, fire, code compliance, and
health departments now or hereafter in effect which are applicable to its operations. The T shall
obtain and keep in effect at its own cost and expense all licenses and permits and shall pay all taxes
incurred or required in connection with this Agreement and its operations hereunder.
SECTION 15
DISPUTE RESOLUTION; VENUE AND JURISDICTION
15.1 The parties will attempt in good faith to resolve any controversy, dispute or claim arising out
of or relating to this Agreement promptly by negotiations between representatives of the parties
who have authority to settle the controversy. If any claim, controversy or dispute under this
Agreement cannot be resolved by such negotiations between the parties hereto, such claim,
controversy or dispute shall, prior to initiation of formal legal action, be submitted to mediation held
in Texas under the Commercial Mediation Rules of the American Arbitration Association as in force
at such time.
15.2 This Agreement shall be governed by the laws of the State of Texas. Venue for any action
brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement shall be
Maintenance &Use Agreement —Hyde Park Transit Plaza Page 6 of 8
in Tarrant County, Texas or the United States District Court for the Northern District of Texas,
Fort Worth Division.
SECTION 16
ENTIRE UNDERSTANDING; MODIFICATION
16.1 This Agreement (including all attachments, schedules) and exhibits attached hereto)
constitutes the final, entire, and complete understanding between the City and The T concerning the
responsibilities with respect to Hyde Park Transit Plaza. Any prior or contemporaneous, oral or
written agreement with regard to the maintenance and use of the properties that purports to vary
from the terms hereof shall be void.
16.2 Amendments to this Agreement or to any attachment, schedule, or exhibit affixed hereto
may be proposed by either party and shall take effect only after written approval by both parties.
SECTION 17
AUTHORITY
17.1 The undersigned officer and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties hereto.
[SIGNATURES APPEAR ON NEXT PAGE]
Maintenance &Use Agreement —Hyde Park Transit Plaza Page 7 of 8
IN WITNESS WHEREOF; the City and The T have signed duplicate counterparts of the
Agreement.
CITY OF FORT WORTH
As
tant City Manager
APPROVED AS TO FORM AND
LEGALITY
Assistant City Attorney
ATTEST:
City Secretary u ' � �„
a
.¢ate
'LQLLJ5 n az
Contract Authoriaatiox
S[a-( 1 ,5
Date
FORT WORTH TRANSPORTATION
AUTHORITY
President/Executive Director
APPROVED AS TO FORM
UaHardess
neral Counsel
OFFICIAL REC®RD
CITY SECRETARY
FT. WORTH, TX
Maintenance &Use Agreement —Hyde Parli Transit Plaza Page 8 of 8
IINTJVJR®rF10E M]P1V1®
TO: Becky Pils, Planning and Development Department
FROM: Allison Tidwell, City Secretary's Office
DATE: June 15, 2010
SUBJECT: MAINTENANCE AND USE AGREEMENT FOR THE HYDE PARK
TRANSIT PLAZA AS REQUIRED BY INTERLOCAL AGREEMENT NO.
29793-A1
These documents are being forwarded to you for original signatures from Fort Worth Transportation
Authority. All signed copies of the contract must be returned with original signatures for final
processing.
Failure to return the documents will delay the final processing of the contract. Once we have
received all of the documents, we will assign a contract number. Thank you in advance for your
cooperation.
If you have any questions, please call me at 817-392-6090.
Attached: 3 sets
Page 1 of 2
City of Fort Worth, Texas
• • .• • •
COUNCIL ACTION: Approved on 5/26/2009
DATE: Tuesday, May 26, 2009 REFERENCE NO.: **C-23542
LOG NAME: 06HPNINTHILA
SUBJECT:
Authorize Amendments to City Secretary Contract Nos. 29793 and 28352, Existing Interlocal Agreements
with the Fort Worth Transportation Authority, to Specify Roles and Responsibilities for the Construction
Phase of the Hyde Park Transit Plaza and Ninth Street Improvements Projects
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute amendments to City
Secretary Contract No. 29793 and City Secretary Contract No. 28352, two Interlocal Agreements with the
Fort Worth Transportation Authority, to define construction management roles for the Hyde Park Transit
Plaza and Ninth Street Improvements projects.
DISCUSSION:
Hyde Park was originally conceptualized during the 1999 study of the Intermodal Transportation
Center. The study recommended dispersing bus transfer activity throughout Downtown and identified
Hyde Park at the intersection of Ninth and Throckmorton Streets as the most promising location for a
transit plaza. Since 1999, the City, the Fort Worth Transportation Authority (the T), General Services
Administration and Downtown Fort Worth, Inc., have worked together to secure funding and to design the
proposed transit plaza.
The Ninth Street Improvements project includes narrowing Ninth Street between Houston and Jones
Streets, installing new sidewalks, brick crosswalks, pedestrian lighting and Cedar Elm trees. The
improvements will provide apedestrian-friendly environment between the Intermodal Transportation
Center and Hyde Park Transit Plaza.
On November 26, 2002, (M&Cs C-19363 and C-19364) the City Council authorized the City Manager to
enter into Interlocal Agreements with the Fort Worth Transportation Authority outlining funding, design,
acquisition and project management responsibilities for the Hyde Park Transit Plaza project (CSC No.
29793) and the Ninth Street Improvements project (CSC No. 28352). The agreements allowed the
partners to initiate the design process and proceed with activities related to property acquisition. The
agreements also outlined construction management responsibilities, but assignment of those
responsibilities was tentative at such an early stage.
The proposed amendments will clarify that the City will advertise, award and manage the construction and
inspection of both the Hyde Park Transit Plaza project and the Ninth Street Improvements project. The T
will reimburse the City for costs associated with the Hyde Park Transit Plaza project and will be
responsible for the related passenger shelters. Additionally, the parties propose to equally share the costs
of overruns, if any, for either project, subject to the approval of the governing bodies.
Both projects are scheduled to begin construction in late summer 2009, and should be completed by
summer 2010.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=11607&print=true&DocType=Print 6/15/2010
Page 2 of 2
The projects are located in COUNCIL DISTRICT 9.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers
FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating_Department Head: Susan Alanis (8180)
Additional Information Contact: Becky Pils (7645)
ATTACHMENTS
1. MC HP NINTH LOCATION MAP.pdf (Public)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=11607&print=true&DocType=Print 6/15/2010