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HomeMy WebLinkAboutContract 55328 DocuSign Envelope ID:64FC4179-D979-40D4-9AC8-53098E5BA586 CSC No.55328 INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND FORT WORTH TRANSPORTATION AUTHORITY TO FUND THE TRANSIT SIGNAGE AND PEDESTRIAN IMPROVEMENTS 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 Signage and Pedestrian Improvements 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$330,000.00 for the Transit Signage and Pedestrian Improvements Project; and WHEREAS,on November 16, 2020, Trinity Metro's Board of Directors approved BA2021-24, for the Transit Signage and Pedestrian Improvements Project in the amount of $330,000.00; 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 Signage and Pedestrian Improvements Project(CPN 102899) Page 1 of 8 DocuSign Envelope ID:64FC4179-D979-40D4-9AC8-53098E5BA586 ARTICLE 1. PURPOSE The purpose of this Agreement is to outline roles and responsibilities in the Transit Signage and Pedestrian Improvements Project to improve the safety of passengers accessing transit, leaving transit, and transferring between transit vehicles ("Project") which encourages greater transit use. ARTICLE 2. TERM AND TERMINATION 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 earlier ("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 Signage and Pedestrian Improvements Project to install signage, sidewalk and curb-ramp improvements for transit access, and new pavement markings at the Fort Worth Central Station—Bus Transfer Center. Trinity Metro shall provide the City no later than 90-days after the Effective Date of this Agreement a detailed Project Location List containing the following: 1. Improvement by Type (Signage, Sidewalk, Curb-ramp, and Pavement Markings) 2. Block Number 3. Street Name 4. Cardinal direction (North, South, East, or West Bound) signage is serving transit travel 5. Project Status by Location(Planning, Design, Utility, Construction, or Complete) 6. Map depicting the project locations by type for each project improvement ARTICLE 4. CITY'S RESPONSIBILITY The City will design and construct improvements from the Trinity Metro project list in the amount up to $330,000.00. ARTICLE 5. IMMUNITY Interlocal Agreement-City of Fort Worth and Trinity Metro Re:Transit Signage and Pedestrian Improvements Project(CPN 102899) Page 2 of 8 DocuSign Envelope ID:64FC4179-D979-40D4-9AC8-53098E5BA586 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 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 Interlocal Agreement-City of Fort Worth and Trinity Metro Re:Transit Signage and Pedestrian Improvements Project(CPN 102899) Page 3 of 8 DocuSign Envelope ID:64FC4179-D979-40D4-9AC8-53098E5BA586 and Federal law. Trinity Metro agrees that it will abide by all laws applicable to Transit Signage and Pedestrian Improvements 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. 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 Parry's right to insist upon appropriate performance or to assert any such right on any future occasion. ARTICLE 15. NON-APPROPRIATION OF FUNDS Interlocal Agreement-City of Fort Worth and Trinity Metro Re:Transit Signage and Pedestrian Improvements Project(CPN 102899) Page 4 of 8 DocuSign Envelope ID:64FC4179-D979-40D4-9AC8-53098E5BA586 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. 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 majeure 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. Interlocal Agreement-City of Fort Worth and Trinity Metro Re:Transit Signage and Pedestrian Improvements Project(CPN 102899) Page 5 of 8 DocuSign Envelope ID:64FC4179-D979-40D4-9AC8-53098E5BA586 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 the same mailing address. CITY OF FORT WORTH, TEXAS: FORT WORTH TRANSPORTATION AUTHORITY(TRINITY METRO): Signed by: J�'l11G18lTYALIR�O�F 1�6"z�7raaF-4A By; Dana Burghdog(F zz,zoz 1a54 CST) By nA Dana Burghdoff Bob Baulsir Assistant City Manager CEO/President Date: Feb 22,2021 Date: Tan-22-2021 APPROVAL RECOMMENDED: APPROVAL RECOMMENDED: DocuSigned by: J,J nl� � a By: William Aohmo (Feb16,20211657CSr) By DBE9FDSF491546F... William M. Johnson,Director Reena Ryall Transportation and Public Work Executive Assistant APPROVED AS TO FORM AND LEGALITY: By: DBhxk(Feb 22,202109:19 CST) •7 Douglas W. Black Senior Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Interlocal Agreement-City of Fort Worth and Trinity Metro Re:Transit Signage and Pedestrian Improvements Project(CPN 102899) Page 6 of 8 DocuSign Envelope ID:64FC4179-D979-40D4-9AC8-53098E5BA586 FORM 1295: N/A CONTRACT AUTHORIZATION M&C: 20-0721 Date Approved: September 22, 2020 ATTEST: oa FORr��a p j�' 0O�000000000 Y� o d 0 _� !/ � �1/�♦♦o =0. Y V o o By: �� �000000000 0 'd Mary J. Kayser XAS City Secretary 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 6� Y• �%W� 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 Signage and Pedestrian Improvements Project(CPN 102899) 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