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HomeMy WebLinkAboutOrdinance 17929-12-2007Ordinance No. 17929-12-2007 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE CRITICAL CAPITAL PROJECTS FUND IN THE AMOUNT OF $20,000 FROM AVAILABLE FUNDS FOR THE PURPOSE OF REDUCING THE LOCAL MATCH FOR THE CITY AND THE T FOR THE HYDE PARK TRANSIT PLAZA PROJECT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2007- 2008 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Critical Capital Projects Fund in the amount of $20,000 from available funds, for the purpose of reducing the local match for the City and The T for the Hyde Park Transit Plaza project. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 17749 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4 This ordinance shall take effect upon adoption. OVED AS TO F AND L ALITY:® GLlit ~.e%-I~~.~G~li~-~-_ Assistant City Attorn y ADOPTED AND EFFECTIVE: December 18, 2007 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE FORT WORTH TRANSPORTATION AUTHORITY AND THE CITY OF FORT WORTH FOR THE ACQUISITION, DESIGN, AND CONSTRUCTION OF A TRANSIT PLAZA AND RELATED IMPROVEMENTS AT HYDE PARK WHEREAS on April 14, 2004, the Fort Worth Transportation Authority ("The T") and the City of Fort Worth. ("City"), executed an Interlocal Agreement between the Fort Worth Transportation Authority and the City of Fort Worth for the Acquisition, Design, and Construction of a Transit Plaza and Related Improvements at Hyde Park (the "ILA"); and WHEREAS the ILA defines the roles and responsibilities related to the funding and management of the Hyde Park Transit Plaza Project; and NOW, THEREFORE, the ILA shall be amended to reflect the current responsibilities of the parties with the following language: 2. Term The term of this agreement is for a period commencing November 1, 2003, and ending on December 31, 20812. 3. Services Provided by Citti and the T Under the terms of this agreement, the City and the T will be responsible for completing the following tasks and submitting related products to the other parry. D. Construction of Improvements 1. City staff and T staff shall secure City Council and T Board of Directors authorization, respectively, to jointly execute a contracts with the selected third-party construction manager and the selected construction contractor. i. Joint Letting: The City and The T will jointly bid the Hvde Park Transit Plaza project and the related, separately funded Ninth Street Improvements project in a sin lg e bid process. The Hvde Park Transit Plaza project will be listed as Unit A in the bid and the Ninth Street Improvements project will be listed as Unit B in the bid. ii. Third-Party Construction Manager: The selected third-party construction manager will manage the selected construction contractor for the Hyde Park Transit Plaza ~~A~~ project and the Ninth Street Improvements project. The T and the City will enter into separate contracts with the selected construction manager. The selected construction manager will enter into contracts with both The T and the City. iii. Construction Contractor: The T and the City will enter into separate contracts with the selected construction contractor. The selected construction contractor will enter into contracts with both The T and the City. 5. Compensation As fair compensation for the services provided pursuant to this agreement: E. Any donation given to the Hyde Park Transit Plaza project shall be shared equally between the City and The T. Except as set forth in this Second .Amendment, the ILA is hereby in all things ratified and confirmed as in full force and effect. EXECUTED in multiple originals this the FORT WORTH TRANSPORTATION AUTHORITY By: Richard L. Ruddell President/Executive Director day of December, 2007. CITY OF FORT WORTH By: APPROVED AS TO FORM: Sylvia M. Hartless Legal Counsel Charles Boswell City Manager Melinda Ramos Assistant City Attorney ATTEST: City Secretary Second Amendment to the Interlocal Agreement Between the Fort Worth Transportation Authority and the City of Fort Worth For the Acquisition, Design, and Construction of A Transit Plaza and Related Improvements at Hyde Park-Page 2 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH TRANSPORTATION AUTHORITY FOR DESIGN AND CONSTRUCTION OF NINTH STREET PEDESTRIAN AND STREETSCAPE IMPROVEMENTS WHEREAS on November 26, 2002, the City of Fort Worth ("City"), and the Fort Worth Transportation Authority ("The T") executed an Interlocal Agreement between the City of Fort Worth and the Fort Worth Transportation Authority for the Design and Construction of Ninth Street Pedestrian and Streetscape Improvements (the "ILA"); and WII7EREAS the ILA defines the roles and responsibilities related to the funding and management of the Ninth Street Improvements Project; and NOW, THEREFORE, the ILA shall be amended to reflect the current responsibilities of the parties with the following language: 2. Term The term of this agreement is for a period commencing December 1, 2002, and ending on December 31, 208612. 4. Services Provided by the City and The T Under the terms of this agreement, the City and The T will be responsible for completing the following tasks. B. Construction of Improvements 2. City staff and T staff shall secure City Council and T Board of Directors authorization, respectively, to ,jointly execute contracts with the selected third-party construction manager and the selected construction contractor. i. Joint Letting: The City and The T will jointly bid the Ninth Street Improvements project and the related, separately funded Hyde Park Transit Plaza project in a sin lg a bid process. The Hyde Park Transit Plaza project will be listed as Unit A in the bid and the Ninth Street Improvements project will be listed as Unit B in the bid. ii. Third-Party Construction Manager: The selected third-party construction manager will manage the selected construction contractor for the Hyde Park Transit Plaza project and the Ninth Street Improvements project. The T and the City will enter DRAFT into separate contracts with the selected construction manager. The selected construction manager will enter into contracts with both The T and the City. iii. Construction Contractor: The T and the City will enter into separate contracts with the selected construction contractor. The selected construction contractor will enter into contracts with both The T and the City. Except as set forth in this First Amendment, the ILA is hereby in all things ratified and confirmed as in full force and effect. EXECUTED in multiple originals this the FORT WORTH TRANSPORTATION AUTHORITY By: Richard L. Ruddell President/Executive Director day of December, 2007. CITY OF FORT WORTH By: Charles Boswell City Manager APPROVED AS TO FORM: Sylvia M. Hartless Legal Counsel Melinda Ramos Assistant City Attorney ATTEST: City Secretary First Amendment to the Interlocal Agreement Between the Fort Worth Transportation Authority and the City of Fort Worth For the Design and Construction of the Ninth Street Improvements- Page 2 Cod ®f ~®rt VI/®rth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/18/2007 -Ord. No. 17929-12-2007 DATE: Tuesday, December 18, 2007 LOG NAME: 061LA AMEND REFERENCE NO.: C-22588 SUBJECT: Authorize Amendments to Existing Interlocal Agreements with Fort Worth Transportation Authority to Extend Agreements' Term, Specify Roles and Responsibilities in Construction Phase of Hyde Park Transit Plaza and Ninth Street Improvements Projects, and to Ensure Donated Funds are Shared Equally, Authorize Acceptance of Donated Funds from Fort Worth Public Improvement District 1, and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize amendments to existing Interlocal Agreements with the Fort Worth Transportation Authority to extend the term five years, include language that specifies roles and responsibilities during construction of the Hyde Park Transit Plaza and Ninth Street Improvements, and that any donated funds will be shared equally between the Fort Worth Transportation Authority and the City of Fort Worth; 2. Authorize the City Manager to accept a donation from Fort Worth Public Improvement District 1 to reduce the local match for the City and the Fort Worth Transportation Authority for the Hyde Park Transit Plaza project by $20,000; and 3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the 2000 Critical Capital Projects Fund in the amount of $20,000 from available funds. DISCUSSION: On November 26, 2002, the City Council authorized the City Manager to enter into Interlocal Agreements (ILA) with The Fort Worth Transportation Authority (The T) outlining funding and project management responsibilities for the Hyde Park Transit Plaza project (M&C C-19364) and the Ninth Street Improvements project (M&C C-19363). The agreements allowed the partners to initiate the design process and proceed with activities related to property acquisition. The agreements outlined construction management responsibilities, but the assignment of these responsibilities was tentative at such an early stage. The recommended amendments to the agreements will specifically state each entity's rate in the construction of the Hyde Park Transit Plaza and the Ninth Street Improvements. Additionally, the amendments include language ensuring that any donated funds will be shared equally between The T and the City of Fort Worth. Fort Worth Public Improvement District 1 (Downtown) donated $20,000 to the Hyde Park Transit Plaza project to reduce the City and The T's local match. The City will accept the donation and provide half of the funds to The T. Hyde Park Transit Plaza was originally conceptualized during the 1999 study of the Intermodal Logname: 06ILA AMEND Page 1 of 2 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 T, GSA, and Downtown Fort Worth, Inc. have worked together to secure funding and to design the proposed transit plaza. The project is funded by a $1.97 million federal earmark for property acquisition and two Congestion Mitigation and Air Quality grants for design and construction, $1.47 million and $1.5 million respectively, totaling $4.94 million for the entire project. The T and the City share equally in providing the $972,000 ($486,000 each) in local match for the grants. 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. The Ninth Street project is funded by a $1.5 million TxDOT grant. The T and the City share equally in providing the $375,000 ($187,500 each) in local match for the grant. Both projects are scheduled to begin construction in May 2008, and should be completed by May 2009. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance 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 2000 Critical Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C116 539120 022116021221 $20.000.00 C116 451944 022116021221 ~ $20,000.00 Submitted for City Manager's Office by: Dale Fisseler (6140) Originating Department Head: Fernando Costa (8042) Additional Information Contact: Becky Pils (7645) Logname: 06ILA AMEND Page 2 of 2