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HomeMy WebLinkAboutContract 41775 (2)CITY SECRETARY CONTRACT NO. Li 11 '75 FUNDING AGREEMENT WITH STREAMS AND VALLEYS, INC. NEIGHBORHOOD TRANSPORTATION CONNECTIONS FOR PEDESTRIANS AND BICYCLES PROJECT THIS AGREEMENT is made and entered into this day of 2011, by and between the CITY OF FORT WORTH, a home rule municipal corporation situated in the State of Texas ("City") acting by and through the Director of the Parks and Community Services Department ("Director") and STREAMS AND VALLEYS, INC., a Texas non-profit corporation ("Streams and Valleys"), acting by and through its duly authorized President. WHEREAS, the Transportation Enhancement Program, administered by the Texas Department of Transportation, provides funding for the purpose of expanding transportation choices and enhancing the transportation experience; and WHEREAS, the City of Fort Worth applied for, and was awarded funding for the Neighborhood Transportation Connections for Pedestrians and Bicycles Project (the "Project") through the Transportation Enhancement Program; and WHEREAS, a portion of the required local matching funds will be provided by Streams and Valleys, Inc. SECTION 1 DUTIES AND RESPONSIBILITIES 1.01 Streams and Valleys shall provide $865,260.00 to serve as the local match for Transportation Enhancement Program funding for the Neighborhood Transportation Connections for Pedestrians and Bicycles Project ("Project") in accordance with this Agreement, its attachments and all applicable laws. If any contributions are made directly to the City by other individuals or agencies specifically for this project, the amount to be provided by Streams and Valleys, Inc. will be reduced by the amount(s) received from others. 1.02 Streams and Valleys shall make full payment to the City in four equal installments as outlined below. Any contributions from other individuals or agencies as noted in Section 1.01 will be applied to the next quarterly installment and this table revised via written amendment. Prior to award be of construction September contract $216,315.00 First Installment (estimated to awarded of 2013) Second Installment $216,315.00 Prior construction to start of the second quarter of Third Installment $216,315.00 Prior construction to start of the third quarter of $216,315.00 Prior to fourth Fourth Installment start of the quarter of construction $865,260.00 Total OFF C AL RECO MY SEC RD ETA no IO On TN Page 1 of 4 1.03 The City will perform the following: a. Execute a Local Project Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for Design and Construction of the Neighborhood Transportation Connections for Pedestrians and Bicycles Project with Local Participation in the amount of $1,104,025.00; b. Solicit for Statements of Qualifications for Architectural and Engineering consulting services, and award consultant contract to prepare plans, specs, bid and contract documents; c. Submit plans and specifications to TxDOT for review; d. Upon TXDOT review and approval of plans and specifications: advertise for construction bids, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. Manage the construction phase, perform construction inspection and final approval of the improvements; e. Maintain the improvements associated with the Project within City of Fort Worth park property. Improvements associated with the Project will also be located on property owned and maintained by the Tarrant Regional Water District. Those improvements shall be maintained by the Tarrant Regional Water District. SECTION 2 TERM OF AGREEMENT 2.01 This agreement is for a term of four years beginning the fl day of nA, 2011, and ending on the fl`''°' day of , 2015. The initial term shall be au omatically renewed for successive one-year - rms under the same conditions and terms of this Agreement until each party's duties and responsibilities described in Section 1, above, are met. Streams and Valleys must advise the City in writing of its intent not to renew this Agreement at least 90 days prior to the termination date of the initial term or each successive term, as applicable. 2.02 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 below, 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. 2.03 Any notices which are required to be given by the terms of this Agreement shall be sent via certified mail, return receipt requested, to the following persons and addresses: Page 2 of 4 CITY: City of Fort Worth, Texas Parks and Community Services Department c/o Richard Zavala, Director Re: Neighborhood Transportation Connections for Pedestrians and Bicycles Project 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 Streams and Valleys: Streams and Valleys, Inc. c/o Adelaide Leavens, Executive Director P.O. Box 101373 Fort Worth, TX 76185 SECTION 3 VENUE AND JURISDICTION 3.01 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 License Agreement shall be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. SECTION 4 MISCELLANEOUS 4.01 This Agreement including all Attachments, Schedules, and Exhibits attached hereto constitutes the final, entire, and complete agreement between Streams and Valleys, Inc and the City and supersedes any prior and contemporaneous negotiations, understandings, representations, and/or agreements between the parties. Any prior or contemporaneous oral or written agreement that purports to vary from the terms hereof shall be void. This Agreement cannot be modified or amended without the written consent of all the parties hereto and attached and made a part of this Agreement. 4.02 Neither this Agreement nor any provision hereof may be modified except by an instrument in writing, signed by the parties This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 4.03 Neither party may assign its rights and obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed. 4.04 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, Page 3 of 4 illegality, or unenforceability shall not affect any other provision of the Agreement, and this Agreement shall be constructed as if such invalid, illegal, or unenforceable provision had never been contained in the Agreement. EXECUTED on this the 1144.` day of IrV1 G� , 2011. CITY OF FORT WORTH us . ► Alanis � • stant City Manager Recommended: Rihard Zavala, Director Pa s and Community Services A . rove • - to Form and Legality: Douglas W. Black Assistant City Attorney ATTEST: Marty Hendrix City Secretary Date: c \vi , 2011 ;ocOrir aC STREAMS AND VALLEYS, INC. Adelaide Leaven Executive Director p -v Of, *00000000 � M&C Required M&C approved OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 4 of 4 M&C - Council Agenda Page 1 of 3 City of Fort Worth, Texas Mayor and council Communication COUNCIL ACTION: Approved on 5/3/2011 a Res. N©. 3984005=2011 & Ord. No. 19675005c* 2011 DATE: Tuesday, May 03, 2011 LOG NAME: 80TE PROJECTS TXDOT AGREEMENT SUBJECT: REFFRENCF NO.: G-17267 Adopt a Resolution Authorizing the Execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation for Design and Construction of the Neighborhood Transportation Connections for Pedestrians and Bicycles Project in the Amount of $5,520,125.00 with Local Participation in the Amount of $1,104,025.00, Authorize the Execution of an Agreement with Streams and Valleys, Inc., for Cost Participation in the Amount of $865,260.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 3, 4, 8 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution authorizing the City Manager to execute a Local Project Advance Funding Agreement with the Texas Department of Transportation for a Transportation Enhancement Program -Neighborhood Transportation Connections for Pedestrians and Bicycles Project in the amount of $5,520,125.00 with local participation in the amount of $1,104,025.00; 2. Authorize the City Manager to accept $4,416,100.00 in federal funds contributing to the Transportation Enhancement Program Neighborhood Transportation Connections for Pedestrians and Bicycles Project through Texas Department of Transportation; 3. Authorize the City Manager to execute an agreement with Streams and Valleys, Inc., for cost participation, and accept Streams and Valleys contribution in the amount up to $865,260.00 for use towards the required local match to the Transportation Enhancement Program grant project; 4. Authorize the transfer of $224,999.87 from the Park Improvements Fund to the Grant Fund towards the City's match; 5. Authorize the transfer of $13,765.13 from the Park Gas Lease Project Fund to the Grant Fund towards the City's match, and 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Fund by $5,520,125.00. DISCUSSION: The purpose of this M&C is to adopt a resolution authorizing the City Manager to execute a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT). The LPAFA details the responsibilities of both the City and TxDOT in the development of the project. TxDOT issued a Call -for -Projects on October 9, 2009, under the Federal Transportation Enhancement (TE) Program. The TE Program is unique in that it emphasizes the development of non-traditional transportation projects. This is an 80 percent federally funded cost -reimbursement program with a minimum 20 percent local match. http://apps.cfwnet.org/ecouncil/printmc.asp?id=14682&print=true&DocType—Print 5/11/2011 M&C - Council Agenda Page 2 of 3 On December 8, 2009, (M&C G-16783) the City Council authorized the City Manager to submit an application for funding for the Neighborhood Transportation Connections for Pedestrian and Bicycles Project On July 30, 2010, TxDOT notified the City of Fort Worth that the Neighborhood Transportation Connections for Pedestrian and Bicycles Project was selected for funding. The Neighborhood Transportation Connections for Pedestrians and Bicycles Project includes five projects providing Fort Worth neighborhoods access to the regional Veloweb network for bicycles and pedestrians. The five connections associated with this project were identified in the Trinity River Vision Neighborhood Recreation Enhancement Plan which was adopted by City Council on August 4, 2009 (M&C G-16638). The five projects include: 1. Westcreek Boulevard Trail Linkage (COUNCIL DISTRICT 3) 2. River Park Trailhead Improvements (COUNCIL DISTRICT 3) 3. Quanah Parker Park — Handley THE Station Connection (COUNCIL DISTRICT 4) 4. Oakland Bike Lanes and Sidewalks (COUNCIL DISTRICT 8) 5. Mistletoe Heights Neighborhood -Forest Park Connection (COUNCIL DISTRICT 9) The total estimated cost of the project is $5,520,125.00. The Federal participation in the project is $4 416,100.00 and local participation will be $1,104,025.00 plus 100 percent of overruns. The local match will be raised in part by Streams and Valleys, Inc., which has committed to providing $865,260.00. Additionally, the 2004 Capital Improvement Program (CIP) Proposition Two: Parks, Recreation and Community Services Improvements, allocated $1,400,000.00 for new walks and trails to support the Trinity River Vision. From this amount, $224,999.87 will be allocated for the local match. On January 4, 2011, (M&C G-17175) the City Council authorized the appropriation of $13,765.13 in gas well revenue to River Park Trailhead. The total of all funds available for the local match is $1,104,025.00. These projects are located in COUNCIL DISTRICTS 3, 4, 8 and 9. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Grant Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 2) GR74 451942 080302526000 $4,416,100.00 4) C280 538070 801580173480 3) GR74 488767 080302526000 $865,260 00 5) C282 538070 801580173480 4) GR74 472280 080302526000 $224,999.87 5) GR74 472282 080302526000 $13,765.13 6) GR74 5 VARIOUS 080302526XXX $5,520,125.00 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Susan Alanis (8180) Richard Zavala (5711) David Creek (5744) Mike Ficke (5746) ATTACHMENTS 1. 80TE PROJECTS TXDOT AGREEMENT AO11.doc (Public) 2. 80TE Projects TXDOT Agreement Resolution doc (Public) 3. Accounting records 80TE PROJECTS TXDOT AGREEMENT.pdf (CFW Internal) $224,999.87 $13,765.13 http://apps.cfwnet.org/ecouncil/printmc.asp?id=14682&print=true&DocType=Print 5/11/2011 M&C - Council Agenda Page 3 of 3 4. Project Maw 100.pdf (Public) 5. Revised_TxDOT trail c280 FAR 041911.pdf (CFW Internal) 6. Revised_TxDOT trail c282 FAR 041911.pdf (CFW Internal) 7. TE Funded trails FAR.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=14682&print=true&DocType=Print 5/11/2011