HomeMy WebLinkAboutContract 29793-A1 � a
CITY SECRETARY
CONTRACT NO. Q9113-Al
FIRST AMENDED AND RESTATED
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
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a
home-rule municipal corporation situated in Denton, Tarrant, Parker and Wise Counties,
Texas, hereinafter called "City," acting herein by and through Fernando Costa, its duly
authorized Assistant City Manager, and the Fort Worth Transportation Authority,
hereinafter called "The T," acting herein by and through Richard L. 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 $1.584 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 $396,000, 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 $198,000 for the project through the sale of
Certificates of Obligation, and The T's capital budget forecast includes $198,000, 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 $1,184,000 to The T for
design and construction of a transit plaza and related improvements at Hyde-Pan}c-and--- - -
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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 City Council
appropriated its $148,000 share through the approval of M&C G-13550, adopting
Ordinance #15011, 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, on October 13, 2005, the North Central Texas Council of
Governments' Regional Transportation Council approved an amendment to the
Transportation Improvement Program (TIP) to shift $1.2 million in federal Congestion
Mitigation and Air Quality (CMAQ) Improvement Program grant ("CMAQ Grant")
funds to The T for certain acquisition expenses and the construction of intersection
improvements at the Hyde Park Transit Plaza; and
WHEREAS, the CMAQ grant requires a 20 percent, or $300,000, local match,
which the City and The T agreed to share equally as specified in the ILA, and,
accordingly, the City Council included its $150,000 share in the 2005-2006 budget, and
The T's capital budget forecast includes $150,000 for the required local match for the
Hyde Park Transit Plaza CMAQ grant; and
WHEREAS, The T and the City of Fort Worth entered into this Interlocal
Agreement, hereinafter called the "ILA," 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, executed on April 14, 2004 and
effective November 1, 2003; later amended by a First Amendment on January 10, 2006;
and again by a Second Amendment on January 25, 2008; and
WHEREAS, the parties now desire to restate and amend the original ILA and
merge all amendments into one complete document; 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); 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:
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1.
Purpose
The purpose of this Interlocal Agreement ("Agreement") is to define roles and
responsibilities related to the design, funding, construction and management of the Hyde
Park Transit Plaza Project.
2.
Term
The term of this Agreement is for a period commencing November 1, 2003, and ending
on December 31, 2012.
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.
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
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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, surveys, drainage studies, and other engineering tasks.
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. 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
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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 are complete, the City and The T
will enter into a maintenance and use agreement for the Project Site.
8. 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
1. City staff will advertise the invitation to bid for the Project.
2. City staff shall seek City Council authorization to execute a contract with
the selected construction contractor.
3. City staff 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. Once a month and within seven (7) days of receipt of an invoice from the
City, the T shall reimburse the City for costs of construction, inspection
and materials testing associated with construction of the Hyde Park Transit
Plaza Project.
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.
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5.
Compensation
As fair compensation for the services provided pursuant to this Agreement:
A. Prior to commencement of construction, The T will provide the City the
remainder of its local match funding.
B. The City and The T agree, upon authorization from their respective governing
bodies, 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, upon authorization from their respective
governing bodies, 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.
E. Any donation to the Hyde Park Transit Plaza project shall be shared equally
between the City and The T.
6.
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 during the term of
this Agreement. Should either of the designated persons become unable to act as a
liaison, then within one week of the designated person 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, if the breaching party fails to
cure such breach within ten (10) days after written notice from the other party,
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with all costs incurred, aside from those contemplated and assigned hereunder, to
be borne by the party in breach; and/or
C. Without cause by either party with thirty (30) days written notice to the other
party, provided all costs incurred will be equally home by the parties.
8.
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-assignability
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.
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.
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Severabilitv
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 hrterlocal 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.
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EXECUTED in triplicate in Fort Worth, Tarrant County, Texas.
CITY OF FORT WORTH, TEXAS FORT WORTH TRANSPORTATION
AUTHORITY (The T)
Fernando Costa Rich L. Ruddell
Assistant City Manager President/Executive Director
Date: 41 Date:
APPROVED AS TO FORM ONLY: APPROVED AS TO FORM ONLY:
Amy R sey 'SyI'via M. Hartless
Assistant City Attorney General Counsel
City of Fort Worth, Texas Fort Worth Transportation Authority
ATTEST:
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FORTWORTH
INTEROFFICE MEMO
TO: Becky Pils, Planning & Development Department
FROM: Allison Tidwell, City Secretary's Office
DATE: May 11, 2010
SUBJECT: AMENDMENTS TO CITY SECRETARY CONTRACT NO 29793 D
28352 TO SPECIFY ROLES AND RESPONSIBILI OR
CONSTRUCTION PHASE OF HYDE PARK TRANSIT PLAZA AND NINTH
STREET PROJECTS (C-23542)
These documents are being forwarded to you for original signatures from the Fort Worth
Transportation Authority. All signed copies of the contract must be returned with original
signatures for final processing.
Failure to return the documents will delay the final processing of the contract. Once we have
received all of the documents, we will assign a contract number, Thank you in advance for your
cooperation.
If you have any questions, please call me at 817-392-6090.
Attached: 6 sets
Page ] of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/26/2009
DATE: Tuesday, May 26, 2009 REFERENCE NO.: **C-23542
LOG NAME: 06HPNINTHILA
SUBJECT:
Authorize Amendments to City Secretary Contract Nos. 29793 and 28352, Existing Interlocal Agreements
with the Fort Worth Transportation Authority, to Specify Roles and Responsibilities for the Construction
Phase of the Hyde Park Transit Plaza and Ninth Street Improvements Projects
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute amendments to City
Secretary Contract No. 29793 and City Secretary Contract No. 28352, two Interlocal Agreements with the
Fort Worth Transportation Authority, to define construction management roles for the Hyde Park Transit
Plaza and Ninth Street Improvements projects.
DISCUSSION:
Hyde Park was originally conceptualized during the 1999 study of the Intermodal 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 Fort Worth Transportation Authority (the T), General Services
Administration and Downtown Fort Worth, Inc., have worked together to secure funding and to design the
proposed transit plaza.
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 a pedestrian-friendly environment between the Intermodal Transportation
Center and Hyde Park Transit Plaza.
On November 26, 2002, (M&Cs C-19363 and C-19364) the City Council authorized the City Manager to
enter into Interlocal Agreements with the Fort Worth Transportation Authority outlining funding, design,
acquisition and project management responsibilities for the Hyde Park Transit Plaza project (CSC No.
29793) and the Ninth Street Improvements project(CSC No. 28352). The agreements allowed the
partners to initiate the design process and proceed with activities related to property acquisition. The
agreements also outlined construction management responsibilities, but assignment of those
responsibilities was tentative at such an early stage.
The proposed amendments will clarify that the City will advertise, award and manage the construction and
inspection of both the Hyde Park Transit Plaza project and the Ninth Street Improvements project. The T
will reimburse the City for costs associated with the Hyde Park Transit Plaza project and will be
responsible for the related passenger shelters. Additionally, the parties propose to equally share the costs
of overruns, if any, for either project, subject to the approval of the governing bodies.
Both projects are scheduled to begin construction in late summer 2009, and should be completed by
summer 2010.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=11607&print=true&DocType=Print 5/18/2010
Page 2 of 2
The projects are located in COUNCIL DISTRICT 9.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO_F_und/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Susan Alanis (8180)
Additional Information Contact: Becky Pils (7645)
ATTACHMENTS _
1. MC HP NINTH LOCATION MAP.pdf (Public)
http://apps.cfwnet.org/ecouncil/printmc,asp?id=11607&print=true&DocType=Print 5/18/2010