HomeMy WebLinkAboutContract 55327 DocuSign Envelope ID:64FC4179-D979-40D4-9AC8-53098E5BA586
CSC No.55327
INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND FORT
WORTH TRANSPORTATION AUTHORITY TO FUND A PORTION OF THE
TRANSIT TECHNOLOGY AND INNOVATION INFRASTRUCTURE
IMPROVEMENT PROJECT
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 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 both Parties;
and
WHEREAS, the City and Trinity Metro desire to enter into this Agreement to outline
the Parties' funding participation and roles in Trinity Metro's Transit Technology and Innovation
Infrastructure Improvement Project; and
WHEREAS, in 2015, Trinity Metro's master planning process identified key issues to
be addressed to support core services, serve the needs of employers and the workforce, increase
ridership by improving access to convenient service, and take advantage of emerging
technologies and shared services through developing a system-wide redesign; and
WHEREAS, on September 22, 2020, the Fort Worth City Council approved Mayor
and Council (M&C 20-0721) authorizing execution of an interlocal agreement with Trinity
Metro in the amount of$720,000.00 with City participation in the amount of$470,000.00 to
fund a portion of the Transit Technology and Innovation Infrastructure Improvement Project;
and
WHEREAS,on November 16, 2020, Trinity Metro's Board of Directors approved
BA2021-25, to accept City of Fort Worth funds in the amount of$470,000.00 to combine with
Trinity Metro funds in the amount of$250,000.00 for a total amount of$720,000.00 for the Transit
Technology and Innovation Infrastructure Improvement Project; and
WHEREAS, the governing bodies of 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 above recitals and mutual
promises and agreements contained herein, the Parties do hereby agree as follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Interlocal Agreement-City of Fort Worth and Trinity Metro Re: Transit Technology and Innovation tructure
Improvement Project(CPN 102898)
Page 1 of 8
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ARTICLE 1.
PURPOSE
The purpose of this Agreement is to outline the roles and responsibilities for the Transit
Technology and Innovation Infrastructure Improvement Project to improve mobility, enhance
transit operations, increase ridership and safety("Project").
ARTICLE 2.
TERM AND TERNUNATION
This Agreement shall become effective upon the date subscribed by the last party
whose signature fully executes the agreement ("Effective Date") and shall continue in full force
and effect until September 30, 2022, 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 pursuant to Article 20 of this Agreement. If termination
is sought by Trinity Metro for any reason or no reason at all, or if termination is sought by City
because of Trinity Metro's failure to abide by its obligations outlined in Article 3 of this Agreement,
Trinity Metro shall repay the City for all used funds provided by the City to Trinity Metro under
this Agreement up to the termination date.
ARTICLE 3.
TRINITY METRO'S RESPONSIBILITY
Trinity Metro will manage the Transit Technology and Innovation Infrastructure
Improvement Project to install one (1) electric bus charging station, approximately forty-five (45)
electronic transit signs and approximately fifty(50) solar lighting sets for bus shelters.
Trinity Metro shall invoice the City in the lump sum amount of$470,000.00 no later than
90-days after the Effective Date of this Agreement.
Trinity Metro will provide the City no later than 90-days after the Effective Date of this
Agreement a detailed Project Location List containing:
1. Improvement Type (Charging Station, Electronic Transit Sign, and Solar Lighting)
2. Block Number
3. Street Name
4. Cardinal direction(North, South, East, or West Bound) serving transit bus travel
5. Project Status by Location (Planning, Design, Utility, Construction, or Complete)
6. Map depicting the project locations by type for each project improvement
Trinity Metro will provide the City monthly project status updates by location and the amount
of City funds spent to date.
Interlocal Agreement-City of Fort Worth and Trinity Metro Re: Transit Technology and Innovation Infrastructure
Improvement Project(CPN 102898)
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ARTICLE 4.
CITY'S RESPONSIBILITY
The City will pay Trinity Metro a lump sum amount of $470,000.00 within 30-days of
receiving an invoice and the Project Location List from Trinity Metro to support the Transit
Technology and Innovation Infrastructure Improvement Project.
ARTICLE 5.
IMMUNITY
It is expressly understood and agreed that in the execution and performance of this
Agreement, no Party waives nor shall be deemed hereby to waive any privileges, immunities or
defenses that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions.
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.
ARTICLE 9.
SEVERABILITY
Interlocal Agreement-City of Fort Worth and Trinity Metro Re: Transit Technology and Innovation Infrastructure
Improvement Project(CPN 102898)
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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. Trinity Metro agrees that it will abide by all laws applicable to Transit
Technology and Innovation Infrastructure Improvement Project.
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.
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.
Interlocal Agreement-City of Fort Worth and Trinity Metro Re: Transit Technology and Innovation Infrastructure
Improvement Project(CPN 102898)
Page 4 of 8
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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 their
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.
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.
Interlocal Agreement-City of Fort Worth and Trinity Metro Re: Transit Technology and Innovation Infrastructure
Improvement Project(CPN 102898)
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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
maj eure or other causes beyond their reasonable control, including, but not limited to,
compliance with any state or federal law or regulation, acts of God, acts of omission, fires,
strikes, lockouts, national disasters, wars, riots, material or labor restrictions, transportation
problems 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:
City of Fort Worth Trinity Metro
Attn:Dana Burghdoff,Assistant City Manager Attn: Wayne Gensler
200 Texas Street 801 Cherry Street, Ste. 850
Fort Worth,TX 76102-6311 Fort Worth, TX 76102
Facsimile: (817)392-8654 Facsimile: (817)215-7533
Email: Dana.Bur hg doff(a�fortworthtexas.gov Email:
With Copy to the City Attorney at same mailing address.
CITY OF FORT WORTH, TEXAS: FORT WORTH TRANSPORTATION
AUTHORITY (TRINITY METRO):
Signed by:
Dana BurghdoFF F�6�7
j°jWALSir
By: DanaB hudioff eb22,202114:55 CST) ByMCA...DA
Dana Burghdoff Bob Baulsir
Assistant City Manager CEO/President
Date: Feb 22,2021 Date: Tan-22-2021
OFFICIAL RECORD
APPROVAL RECOMMENDED: APPROVAL RECOMMENDED CITY SECRETARY
FT. WORTH, TX
Interlocal Agreement-City of Fort Worth and Trinity Metro Re: Transit Technology and Innovation Infrastructure
Improvement Project(CPN 102898)
Page 6 of 8
DocuSign Envelope ID:64FC4179-D979-40D4-9AC8-53098E5BA586
' \ Docu Signed by:
WAn.L A A
By: William Johnso (Feb 16,202117:02 CST) By: pBE9F^°
William M. Johnson, Director Reena Ryall
Transportation and Public Work Executive Assistant
APPROVED
/AAS TO FORM AND LEGALITY:
8i
By: DBlack(Feb 22,202109:20 CST)
Douglas W. Black
Senior Assistant City Attorney
FORM 1295: N/A
CONTRACT AUTHORIZATION
M&C: 20-0721
Date Approved: September 22, 2020
ATTEST:
a
ICY
Pao°
By: ` P W
o °
Mary J. Kayser �� °°° °° Y
City Secretary 4��EXAsa�p
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.
B 64�
Y•
Chad Edwards
Regional Mobility and Innovation Officer
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Interlocal Agreement-City of Fort Worth and Trinity Metro Re: Transit Technology and Innovation tructure
Improvement Project(CPN 102898)
Page 7 of 8
1/29/2021 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT�WORT_H_
DATE: 9/22/2020 REFERENCE M&C 20- LOG NAME: 201LA TRINITY METRO TRANSIT
NO.: 0721 PROJECTS
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT. (ALL)Authorize Execution of Three Interlocal Agreements with the Fort Worth
Transportation Authority totaling$1,200,000.00 with City Participation in the Amount of
$900,000.00: East Lancaster Avenue Transit-Oriented Development Planning in the
Amount of$150,000.00 with City Participation In the Amount of$100,000.00;Transit
Technology and Innovation Infrastructure Improvements in the Amount of$720,000.00
with City Participation In the Amount of$470,000.00;and Transit Signage and Pedestrian
Improvement with City Participation in the Amount of$330,000.00 and Update the
FY2020-2024 Capital Improvement Plan
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize City of Fort Worth to provide funding participation in the amount of$900,000.00 from the Transit Initiatives
Programmable Project(City Project No. P00129) for the East Lancaster Avenue Transit-Oriented Development Planning Project
(City Project No. 102897),Transit Technology and Innovation Infrastructure Improvements Project (City Project No. 102898)
and the Transit Signage and Pedestrian Improvements Project (City Project No. 102899).
2. Authorize execution of an Interlocal Agreement with the Fort Worth Transportation Authority in the amount of$150,000.00 with
City participation in the amount of$100,000.00 for East Lancaster Avenue Transit-Oriented Development Planning (City Project
No. 102897);
3. Authorize execution of an Interlocal Agreement with the Fort Worth Transportation Authority in the amount of$720,000.00 with
City participation in the amount of$470,000.00 for Transit Technology and Innovation Infrastructure Improvements (City
Project No. 102898); and
4. Authorize execution of an Interlocal Agreement with the Fort Worth Transportation Authority in the amount of$330,000.00 for
Transit Signage and Pedestrian Improvements (City Project No. 102899).
DISCUSSION:
The FY20 Transit PayGo budget identified$1,500,000.00 to be used for different types of transit projects. Identified projects included the
Near Southside ZIPZONE for$250,000.000(aka Medical District ZIPZONE),the Bus Route Reorganization of$250,000.00,and
development of a Transit Mobile Smartphone Application for$500,000.000 leaving$500,000.00 for other transit initiatives to be identified
at a later date.The Transit Mobile Smartphone Application came in under budget with a project savings of$400,000.00.The sum of the
transit initiatives of$500,000.00 and the project cost savings from the mobile app of$400,000.00 total$900,000.00.
City of Fort Worth and Trinity Metro(Fort Worth Transportation Authority)staff are working together to implement specific transit
improvements that will improve the customer experience, safety and encourages new transit ridership. With the availability of FY20 Pay-
as-you-go(PayGo)funds in the amount of$900,000.00,the City of Fort Worth will participate in following projects:
1. East Lancaster Avenue Transit-Oriented Development Planning;
2. Transit Technology and Innovation Infrastructure Improvements; and
3. Transit Signage and Pedestrian Improvements.
East Lancaster Avenue Transit-Oriented Development Planning:
Transit-Oriented Development(TOD)maximizes the amount of residential, business and leisure space within walking distance to public
transit. TOD encourages the choice to walk or bike in combination with transit use through well-designed,accessible built environment
and connect network of pedestrian and bicycle facilities that reduce automobile dependence.
Trinity Metro was awarded$600,000.00 in federal grant funding to support a comprehensive planning project to develop TOD along East
Lancaster Avenue. The total TOD project cost is$750,000.00 of which$600,000.00 is Federal grant funding,$50,000.00 is Trinity Metro
funding,and$100,000.00 is City of Fort Worth funding. Trinity Metro staff will implement the project. The East Lancaster Avenue TOD
project will be complete by September 30,2021.
Transit Technology and Innovation Improvements:
Transit technology and innovation improves mobility,enhances transit operations, increases ridership and safety. These improvements
will include one(1)electric bus charging station, approximately forty-five(45)electronic transit signs and solar lighting for approximately
fifty(50)bus shelters.
The total project cost is$1,720,000.00 of which$1,000,000.00 is Federal grant funding,$250,000.00 is Trinity Metro funding, and
$470,000.00 is City of Fort Worth funding. Trinity Metro staff will implement the project. The Transit Technology and Innovation
Improvements project will be complete by September 30, 2021.
Transit Signage and Pedestrian Improvement:
apps.cfwnet.org/council_packet/mc_review.asp?I D=28290&councildate=9/22/2020 1/2
1/29/2021 M&C Review
Transit Signage and Pedestrian Improvements, improve the safety of passengers accessing transit, leaving transit, and transferring
between transit vehicles. These improvements include installation of sidewalk and curb-ramps for transit access,and new pavement
markings at the Fort Worth Central Station—Bus Transfer Center.These improvements are intended to increase pedestrian safety and
convenience,all of which encourage greater transit use.
The total project cost is$330,000.00 of which$330,000.00 is City of Fort Worth funding. Trinity Metro staff will coordinate with City staff to
implement the project. The improvement project will be complete by September 30, 2021.
TRANSIT PROGRAMS FEDERAL TRINITY METRO CITY TOTAL
FUNDING FUNDING FUNDING FUNDING
1. EAST LANCASTER AVENUE TRANSIT ORIENTED $600,000.00 $50,000.00 $100,000.00 $750,000.00
DEVELOPMENT PLANNING F
2.TRANSIT TECHNOLOGY AND INNOVATION $1,000,000.00 $250,000.00 $470,000.00 $1,720,000.00
INFRASTRUCTUREIMPROVEMENTS
3.TRANSIT SIGNAGE AND PEDESTRIAN $0 $0 $330,000.00 $330,000.00
IMPROVEMENTS F
TOTAL F$1,600,000.00F_ $300,000.00 $900,000.00 $2,800,000.00
The action in this M&C will update the FY2020-2024 Capital Improvement Plan.
This Interlocal Agreement is in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget,as previously appropriated, in the General Capital
Projects Fund for the Transit-Oriented Dev Planning,Solar Installation at Bus Stop,and the MFI of Transit Bus Stop Signs projects to
support the approval of the above recommendations and authorization of the interlocal agreements. Prior to any expenditure being
incurred,the Transportation&Public Works Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
Originating Department Head: William Johnson (7801)
Additional Information Contact: Monty Hall(8662)
Chad Edwards(7259)
ATTACHMENTS
apps.cfwnet.org/council—packet/mc—review.asp?ID=28290&councildate=9/22/2020 2/2