HomeMy WebLinkAboutContract 29793 a
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CITY INTE CONTRA%.., ;RLOCAL AGREEMENT CON TRA�., ;
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BETWEEN
THE FORT WORTH TRANSPORTATION AUTHORITY
AND
THE CITY OF FORT WORTH
FOR THE ACOUISITION4 DESIGN AND CONSTRUCTION OF
A TRANSIT PLAZA AND RELATED IMPROVEMENTS AT HYDE PARK
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a
home-rule municipal corporation situated in Denton, Tarrant, and Wise Counties, Texas,
hereinafter called "City," acting herein by and through Charles Boswell, its duly
authorized Assistant City Manager, and the Fort Worth Transportation Authority,
hereinafter called "the T," acting herein by and through Richard Ruddell, its duly
authorized President/Executive Director.
WITNESSETH:
WHEREAS, the T is a governmental entity pursuant to Ch. 452, Texas
Transportation Code and is a grantee of the Federal government for transportation
projects including the Federal Transit Administration, and
WHEREAS, on December 18, 2001, President George W. Bush signed into law
the Department of Transportation and Related Agencies Appropriations Act, 2002,
through which the U.S. Congress appropriated $1.6 million through the Federal Transit
Administration's (FTA) Section 5309 bus program ("FTA Grant") to the T for property
acquisition and related activities necessary for development of a transit plaza and related
improvements at Hyde Park located at the north corner of Throckmorton and Ninth
Street; and
WHEREAS, the FTA Grant requires a 20 percent, or $400,000, local match,
which the City and the T agreed to share equally, and accordingly, on March 19, 2002 the
City Council approved M&C G-13550, adopting ordinance #15011, which appropriated
the City's local match of $200,000 for the project through the sale of Certificates of
Obligation, and the T's capital budget forecast includes $200,000, being half each of the
20 percent required local match for the FTA appropriation for the transit plaza at Hyde
Park, and the source of the T's matching funds on this grant is local sales tax dollars; and
WHEREAS, on July 11, 2002, the North Central Texas Council of Governments'
Regional Transportation Council approved a Congestion Mitigation and Air Quality
(CMAQ) Improvement Program grant ("CMAQ Grant") of $1,148,000 to the T for
design and construction of a transit plaza and related improvements at Hyde Park; and
WHEREAS, the CMAQ Grant requires a 20 percent, or $296,000, local match,
which the City and the T agreed to share equally, and accordingly the
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appropriated its $148,000 share through the approval of M&C G-13550, adopting
Ordinance #15 O 11, which appropriated funds to match federal transportation grants for
critical projects such as Hyde Park and the T's capital budget forecast includes $148,000,
being half each of the 20 percent required local match for the CMAQ grant for the Hyde
Park Transit Plaza development, and the source of the T's matching funds on this grant is
local sales tax dollars; and
WHEREAS, Texas Government Code, chapter 791, authorizes the formulation of
interlocal cooperation agreements between and among governmental entities; and
WHEREAS, Texas Government Code, § 791.011 provides that a local
government may contract with another to perform governmental functions and services,
and the definition of"governmental functions and services" under § 791.003(3)1- and
WHEREAS, the T and the City of Fort worth would like to enter into an
agreement to define roles and responsibilities related to the development of the transit
plaza and related improvements at Hyde Park ("Hyde Park Transit Plaza Project"); and
WHEREAS, the parties mutually desire to be subject to the provisions of Texas
Government Code, Chapter 791, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
1.
Pulpose
The purpose of this Interlocal Agreement ("Agreement") is to define roles and
responsibilities related to the funding and management of the Hyde Park Transit Plaza
Proj ect.
2.
Term
The term of this agreement is for a period commencing November 1, 2003, and ending on
December 31, 2007.
3.
Services Provided by City 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 party.
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A. Acquisition of the Project Site
1. The T, as recipient of the federal transportation grant funds, shall be
responsible for preparing all application and supporting documentation to
satisfy grant requirements for the acquisition of the Former Library Site.
The location is shown on Exhibit A ("Former Library Site").
2. The T shall be responsible for securing appraisals and managing the
negotiation and acquisition of the Former Library Site.
3. The City shall be responsible for conducting and paying for surveys and
environmental assessments related to the acquisition of the Former Library
Site.
4. If the T and the City mutually agree that they are unable to acquire the
Former Library Site, this agreement shall automatically terminate.
B. Release of Reverter Interest
1. The City and the T have secured City Council and T Executive Committee
adoption, respectively, of a resolution designating "Hyde Park" as the
official name of the proposed transit-oriented civic square surrounding the
intersection of Ninth and Throckmorton. The resolution does not preclude
individual public spaces within Hyde Park, such as Lanham Plaza, John
Peter Smith Park, or the transit plaza on the Former Library Site from
retaining their individual identities.
2. The City shall.be responsible for obtaining a release of any reverter
interest on the Hyde Park Project site, including that held by the heirs of
Sarah Gray Hyde Jennings.
C. Design and Engineering
1. The City has prepared the scope of services and submittal requirements
that have been included in a Request for Statements of Qualification
(RFQ) for the Hyde Park Transit Plaza Project, and the scope of services
and submittal requirements have been reviewed and endorsed by the City
and the T. The design and engineering scope of services shall include the
following phases, each part of which shall be managed by the City in close
coordination with the T:
Phase 1: Conceptual Design and Design Development - This includes, but
is not limited to research, design plan development, public meetings,--cost
estimates �J drainage studies and other engineering task
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Phase 2: Final Engineering and Construction Documents - This includes,
but is not limited to, final design plan development, technical
specifications, public meetings, construction drawings, and final cost
estimates.
2. T staff has combined the scope of services and submittal requirements
prepared by the City with the T's applicable procurement guidelines and
procedures, and has issued the RFQ.
3. The T, as recipient of the federal transportation grant funds, shall be
responsible for preparing all application and supporting documentation to
satisfy grant requirements for the design and engineering for the project
and for paying the design consultant.
4. The City has appointed a committee ("Advisory Committee") to select a
preferred design consultant and to oversee the project's design and
construction. The Advisory Committee includes appropriate
representatives from the City, the T, and other interested parties. The City
and the T shall continue to have equal representation on the Advisory
Committee.
5. Upon selection of a preferred consultant by the Advisory Committee, the
City and the T jointly executed a contract with the preferred consultant.
6. The City shall ensure that all procedures required by State or Federal law
are followed in the event that any of the remaining fragments of Hyde
Park north of the existing Ninth Street, such as those that may be within
the right-of-way of a realigned Ninth Street, are converted to uses other
than park land.
7. Upon completion of the final design and before the construction of the
transit plaza and related improvements, the City and the T will enter into a
maintenance and use agreement for the Project Site.
S. If the final design of the Project Site approved by the City and the T
includes the realignment of Ninth Street to the north end of the Former
Library Site, the City and the T agree to negotiate a land swap agreement
whereby the future realigned Ninth Street would be owned by the City as a
street, and the existing Ninth Street would be owned by the T and joined
with the transit plaza on the former Library Site.
D. Construction of Improvements
I. City staff and T staff shall secure City Council and T Executive
Committee authorization, respectively, to jointly execute
the selected construction contractor. "~'`
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2. City shall manage and administer the construction and inspection of the
Hyde Park Transit Plaza Project in accordance with the approved design
and all applicable City, State, and Federal laws.
4.
Compliance with State and Federal Law
Because a great deal of funds to be used in completion of this Agreement are grant funds
(FTA Grant and CMAQ Grant) in which the T is the grantee, the City understands that
the T is subject to additional regulations. Any of the tasks performed and products
provided by the City must comply with State and Federal statutes and regulations that the
T is subject to. The City and the T agree to comply with all State and Federal statutes
and regulations that apply to the agreement. The City and the T acknowledge that any
noncompliance may result in termination of this agreement, nonreimbursement of
expenditures, and financial penalties as described below.
5.
Compensation
As fair compensation for the services provided pursuant to this agreement:
A. The City shall pay the T an amount not to exceed three hundred forty-eight
thousand dollars ($348,000), the total of the City's 50 percent share of the local
matches for the transportation grants.
B. The City and the T agree to equally share all costs of the Project not otherwise
specifically assigned that are not reimbursed by the CMAQ Grant and the FTA
Grant. The agreement can also be amended by the written agreement of the
parties to reflect a different cost sharing agreement.
C. If the Federal Government reimburses a cost that is determined later by the
Federal Government not to be eligible for reimbursement and funds must be
repaid, the City and the T agree to equally share any costs that must be repaid to
the Federal Government.
D. Pursuant to the requirements of Government Code § 791.011(d)(3), the amounts
under this section shall be paid from revenues currently available to the City and
the T.
5.
Liaison
The T and the City shall each designate one or more persons who shall be available, if
needed, to assist in resolving problems and questions that may occur rab erarr�r� r
this agreement. Should either of the designated persons become u t atti•i� �a
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liaison, then within one week of the designated person's being unavailable for liaison
duties, a new person will be designated and notification made to the other party.
7.
Termination
This agreement may be terminated as follows:
A. In the event that Federal funds are no longer available for funding this project as
contemplated by the agreement;
B. A material breach of this agreement by either party, with all costs incurred will be
borne by the party in breach; and/or
C. Without cause by either party with thirty days written notice to the other party,
provided all costs incurred will be equally borne by the parties.
H.
Immunity
It is expressly understood and agreed that, in the execution of this agreement, neither of
the parties waives, nor shall be deemed hereby to waive, any immunity or defense that
would otherwise be available to it against claims arising in the exercise of governmental
powers and functions; however, each party hereby waives immunity from suit filed
against it by the other party.
9.
No Third-Party Beneficiaries
This Agreement shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered. a third party beneficiary of
this Agreement. Each party hereto shall be solely responsible for the fulfillment of its
own contracts or commitments.
10.
Non-assi riabil y
Except as otherwise expressly provided herein, this agreement is non-assignable, and any
unauthorized purported assignment or delegation of any duties hereunder, without the
prior written consent of the other party, shall be void and shall constitute a material
breach of this agreement.
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11.
Entirety.Modification
This agreement and all attachments incorporated herein by reference constitute the entire
agreement of the parties hereunder, and any prior or contemporaneous oral or written
agreements shall be void. This agreement cannot be changed or modified orally, but only
by an instrument in writing signed by both parties.
12.
Severability
In case any one or more of the provisions contained in the agreement shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this agreement, and this
agreement shall be construed as if such invalid, illegal, or unenforceable provisions had
never been contained herein.
13.
Venue
This agreement shall be construed under and in accordance with the laws of the State of
Texas, and the venue for any litigation arising from this agreement shall be in Tarrant
County, Texas.
14.
Authority
This agreement is made between the City and the T as an Interlocal Agreement pursuant
to Chapter 791 of the Government Code of Texas. Each party has received the necessary
resolutions from their respective governing bodies.
15.
Authorization
The undersigned officers and/or agents of the parties hereto are properly authorized
officials and have the necessary authority to execute this agreement on behalf of the
parties hereto, and each party hereby certifies to the other that any necessary actions
extending such authority have been duly passed and are now in full force and effect.
EXECUTED in triplicate in Fort Worth, Tarrant County, Texas. •
CITY OF FORT WORTH, TEXAS FORT WORTH TRANSPORTATION
AUTHORITY (the T)
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Charles Boswell Ri6iard Ruddell
Assistant City Manager President/Executive Director
Date: Date,. e�—
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APPROVED AS TO FORM ONLY APPROVED AS TO FORM ONLY
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Cynth' arcs L a §j1ki-a. artless.
Assistant City Attorney Counsel
City of Fort Worth, Texas Fort Worth Transportation Authority
ATTEST:
ContraCt Authori zatioI
] it Secretary
ary
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City of Fort Worth, Texas
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DATE REFERENCE NUMBER LOG NAME PAGE
11/20/02 **C-19364 22PARK 1 of 3
SUBJECT ADOPTION OF RESOLUTION DESIGNATING "HYDE PARK" AS THE OFFICIAL
NAME FOR THE PROPOSED TRANSIT-ORIENTED CIVIC SQUARE AT NiNTH AND
TH ROCKMORTON STREETS; AUTHORIZATION FOR CiTY MANAGER TO ENTER
INTO AN INTERLOCAL AGREEMENT WiTH THE FORT WORTH TRANSPORTATION
AUTHORITY FOR THE HYDE PARK PROJECT
RECOMMENDATION:
it is recommended that the City Council:
1. Adopt the attached resolution designating "Hyde Park" as the official name for the proposed transit-
oriented civic square surrounding the intersection of Ninth and Throckmorton Streets; and
2. Authorize the City Manager to enter into an Interlocal Agreement with the Fort worth Transportation
Authority (The "T") outlining funding and project management responsibilities for the Hyde Park
project.
DISCUSSION:
The city of Fort Worth, The "T", the U.S. General Services Administration, and Downtown Fort Worth,
Inc. are working together to reestablish Hyde Park as Downtown Fort Worth's civic square. This transit
plaza was originally conceptualized in 1999 by consultants studying the intermodal Transportation
Center (ITC) at Ninth and Jones Streets. This square would integrate several disparate spaces
surrounding the intersection of Ninth and Throckmorton Streets including Federal Plaza, the remaining
section of Hyde Park, the former public library site, John Peter Smith Park, City Hall Plaza, and a
vacated section of Tenth Street.
The square was originally conceptualized as a transit-oriented public space that would serve
passengers transferring among bus routes while also providing an attractive and multifunctional
gathering place for downtown workers, residents, and visitors. Hyde Park's potential transit functions
have expanded as a result of the light rail streetcar application to the Federal Transit Administration.
The square is now envisioned as a key light rail stop that could serve both the east-west and north-
south streetcar routes.
The attached resolution would designate "Hyde Park" as the official name for the proposed transit-
oriented civic square. Hyde Park, as the City's oldest park, has played a significant civic role in the
history of downtown. Dedicated in 1873 by Sarah Gray Hyde Jennings, Hyde Park was a public square
at the end of the nineteenth century, and the site of the central library building during most of the
twentieth century.
The existing Hyde Park is a small section of the original park, and constitutes only a portion of the
proposed square. in honor of the historic role of Hyde Park, the project partners have been using the
name to refer not only to the small triangular park adjacent to the Flatiron Building, but also to the
greater public space that could be created at Ninth and Throckmorton Streets. The heirs of Sarah Gray
Hyde Jennings have also requested that "Hyde Park" be used as the name for the new civic square.
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City of Fort Worth, Texas
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to to 0 r � Ou"el I DATE REFERENCE NUMBER LOG NAME PAGE
11/28/92 **C-13364 22PARK 2 of 3
SUBJECT ADOPTION OF RESOLUTION DESIGNATING "HYDE PARK" AS THE OFFICIAL
NAME FOR THE PROPOSED TRANSIT-ORIENTED CIVIC SQUARE AT NINTH AND
THROCKMORTON STREETS; AUTHORIZATION FOR CITY MANAGER TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH THE FORT WORTH TRANSPORTATION
AUTHORITY FOR THE HYDE PARK PROJECT
City staff have initiated discussions with the Jennings family concerning the release of reverter
restrictions on the use of remaining Hyde Park parcels, some of which are small, fragmented remnants
located in the proposed right-of-way for a realigned Ninth Street. These restrictions limit the use of
these remaining Hyde Park parcels to park or library uses. The attached resolution would establish
"Hyde Park" as the general name for the proposed civic square, but would not preclude distinct public
spaces in the area, such as Federal Plaza and John Peter Smith Park, from retaining their individual
identities.
Two federal transportation grants have been identified for acquisition and development of the Hyde
Park transit-oriented civic square (see table below). On December 18, 2901, President Bush signed
the department of Transportation and Related Agencies Appropriations Act, 2992, into law. This act,
through the Federal Transit Administration's (FTA) Section 5399 bus program, appropriated $1.8 million
for property acquisition necessary for development of the transit-oriented civic square at Hyde Park.
The "T" is the recipient of the FTA grant. Prior to requesting FTA funding, the City and The "T" agreed
to share the required 29 percent local match of $499,900 equally.
On July 11, 2092, the North Central Texas council of Governments' (NCTCOG) Regional
Transportation Council, through the NCTCOG Strategic Programming Initiative, approved a Congestion
Mitigation and Air Quality Improvement (CMAQ) program grant to The "T" in the amount of $1,184,999
for the design and construction of transit-related improvements at Hyde Park. With a 20% local match
shared equally by the City and The "T", the total project cost is estimated at $1,480,009.
The city's share of local matching funds will be in the amount of $348,999; $299,990 for the FTA grant
and $148,990 for the CMAQ grant. These funds were included in the Certificates of Obligation sold for
City Match for Major Transportation and Urban Design Grant Projects approved by Council on January
29, 2092, Ordinance No. 14944 and appropriated by city Council on March 19, 2092 (M&C G-13559).
The "T"s capital budget forecast includes half of the 20% required local match for both the FTA
appropriation and the CMAQ grant for the Hyde Park Transit Plaza development. The source of the
matching funds on these grants is local sales tax dollars.
Federal city's The "T"s
G rant G rantee Purpose G rant Match Match Total
FTA The "T" Property
Acquisition $196009000 $2009000 $2009000 $290009000
CMAQ The "T" Hyde Park
Improvements $1,184,000 $1489000 $148,000 $1,4801000
$297849000 $348,000 $348,000 $3,480,000
City of Fort Worth, Texas
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a or A"d ou"C11 Clow u"Ication
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DATE REFERENCE NUMBER LOG NAME PAGE
11/25/02 **C-1 93w4 22 PA RK 3 of 3
SUBJECT ADOPTION OF RESOLUTION DESIGNATING "HYDE PARK" AS THE OFFICIAL
NAME FOR THE PROPOSED TRANSIT-ORIENTED CIVIC SQUARE AT NINTH AND
THROCKMORTON STREETS; AUTHORIZATION FOR CITY MANAGER TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH THE FORT WORTH TRANSPORTATION
AUTHORITY FOR THE HYDE PARK PROJECT
The lnterlocal Agreement between the City and The "T" would define roles and responsibilities related
to the funding and management of the Hyde Park project. The agreement is necessa to proceed with
property acquisition and the desi n rocess. Throu h the lnterlocal A reement, would mana e
ro ert ac uisition
As the recipient of the CMAQ grant for design and construction, The "T" would
issue a Request for Proposals (RFP) for design and engineering. City staff would prepare the scope of
services for the RFP, and the subsequent design and engineering contract in coordination with The "T"
staff. The City and The "T" would execute a joint contract with the selected consultant.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Critical Projects Fund.
CB:k
Subn-fitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 6183
Originating Department Head:
Fernando Costa 8042 (from) APPROVED 11/26/02
C116 539120 022116021221 $348,000.00 RESOLUTION NO 2895
Additional Information Contact:
Mike Breniiaii 8011