HomeMy WebLinkAboutContract 58293 DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF
CSC No. 58293
INTERLOCAL COOPERATION AGREEMENT
Between
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
and the
CITY OF FORT WORTH
for
ENVIRONMENTAL STEWARDSHIP PROGRAM
WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as
the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor
of Texas in accordance with federal law; and,
WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected officials,
is the regional transportation policy body associated with NCTCOG and has been and continues to
be a forum for cooperative decisions on transportation; and,
WHEREAS, it is the goal of the RTC to promote environmental stewardship and provide for initiatives
that will mitigate or prevent environmental impacts caused by the construction, maintenance, or use
of public roads in the Dallas-Fort Worth Metropolitan Area; and,
WHEREAS, on April 14, 2016, the RTC awarded funding for the Environmental Stewardship
Program, including funding to the City of Fort Worth for West Lancaster Corridor/Parkway
Improvements; and
WHEREAS, on April 28, 2016, the NCTCOG Executive Board authorized NCTCOG to enter into an
agreement with the City of Fort Worth for funds awarded by the RTC under the Environmental
Stewardship Program; and,
WHEREAS, on November 5, 2019, the Fort Worth City Council authorized the acceptance of RTC
Environment Stewardship Program funds in the amount of $200,000.00 from NCTCOG for the
Lancaster Corridor/Parkway Improvements Project; and,
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code provides
authority for the North Central Texas Council of Governments and local governments to enter into this
agreement for the provision of governmental functions and services of mutual interest.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained
herein, the parties agree as follows:
ARTICLE 1. PARTIES
1.1 Parties. This Agreement, hereinafter referred to as the "Agreement", is made and
entered into by and between the North Central Texas Council of Governments,
hereinafter referred to as "NCTCOG", and the City of Fort Worth, hereinafter referred
to as "Performing Party". The NCTCOG and Performing Party may each be referred to
as a "Party" and may be collectively referred to as "Parties" to this Agreement.
ARTICLE 2. FUNDING
2.1. Award Amount. The NCTCOG will reimburse the Performing Party's eligible costs for
activities outlined in the Scope of Work (SCOPE) under the conditions in this
OFFICIAL RECORD
TRN5080—West Lancaster Corridor/Parkway Improvements CITY SECRETARY
NCTCOG and the City of Fort Worth
FT. WORTH, TX
DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF
Agreement not to exceed the maximum Award Amount of two hundred thousand
dollars ($200,000).
ARTICLE 3. SCOPE OF WORK
3.1 Scope. The Performing Party shall perform the agreed upon SCOPE outlined in
Appendix A of this Agreement. Project as used herein means a Environmental
Stewardship Program for the Lancaster Corridor Parkway Improvements project.
3.2 Scope of Work Changes. Changes to the SCOPE must be agreed to by both Parties
in writing.
ARTICLE 4. PAYMENTS
4.1 Reimbursement. Reimbursement shall be only upon completion of established
milestones and deliverables, as outlined in Appendix A. Requests for Reimbursement
should be submitted on Performing Party letterhead and should be accompanied by
proof of payment, applicable receipts, a signature by a certifying official as detailed in
Article 4.3, and other supporting documentation. Any reimbursement under this
Agreement shall be payable only after eligible costs and deliverables are approved by
NCTCOG. NCTCOG will approve payments as soon as practicable, but not later than
forty-five (45) days after a complete Request for Reimbursement has been received,
provided that complete and accurate supporting documentation has been submitted to
NCTCOG. NCTCOG may deem a Request for Reimbursement incomplete if the data
and/or documentation are incomplete or improper, or if the Performing Party fails to
submit necessary reports or provide other information requested by the NCTCOG
under the terms of this Agreement. The NCTCOG may reject requests for
reimbursements which fail to demonstrate that costs are eligible for reimbursement
and/or which fail to conform to the requirements of this Agreement.
Costs incurred prior to execution of this Agreement are not eligible for reimbursement,
unless authorized in a Notice to Proceed.
4.2 Reimbursement Requests. Reimbursement requests prepared by the Performing
Party shall be submitted no later than March 31, 2023, or as otherwise mutually
agreed. All invoices shall be submitted to NCTCOG at the e-mail address below:
North Central Texas Council of Governments
Email: TRgrants(D_nctcog.org
4.3 Certifying Official. As detailed in 4.1, the Performing Party is required to provide
signed invoices. The individual noted below has the authority, on behalf of the
Performing Party, to certify and serve as the signatory on invoices related to this
project. By signing the invoice, Certifying Officials are acknowledging review of
invoices to ensure expenses included in the invoice are consistent with the Agreement,
all services and costs are documented on the invoices are accurate and eligible, and
all subrecipient and contractors have been fully paid.
Any invoices received by NCTCOG without the signature of the individual noted below
may result in the invoice being returned unpaid.
TRN5080—West Lancaster Corridor/Parkway Improvements Page 2
NCTCOG and the City of Fort Worth
DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF
Certifying Official:
Name: Jesica McEachern
Title: Assistant City Manager
ARTICLE 5. PROCUREMENT, DESIGN STANDARDS AND CERTIFICATIONS
5.1 Design Guidelines. Performing Party agrees to oversee Project activities in
compliance with standards and procedures established by Performing Party's
governing body.
5.2 Procurement. Performing Party shall use competitive procurement practices
consistent with Local Government Code Chapter 252 for purchases of goods and
services and Government Code Chapter 2254 for purchase of professional and
consulting services under this Agreement.
5.3 Certification. As part of any reimbursement request, Performing Party shall certify to
NCTCOG/RTC that the project meets the standards and procedures established by
Performing Party's governing body.
5.4 Required Documents. The Performing Party shall ensure that all required documents
of the project, including but not limited to insurance certificates, performance or
payment bonds, and required licenses and permits of a Performing Party or the
Performing Party's subcontractors be kept on file, current, and available to the
NCTCOG upon request. Additionally, any relevant performance documents pertaining
to the project, such as correspondence, evaluations, reports submitted by the
subcontractor and/or the Performing Party's contract administration team, payment
requests, and copies of invoices shall be provided to the NCTCOG upon request.
6. TERM, MODIFICATION, AND SEVERABILITY
6.1 Term. This Agreement shall take effect on the date executed by the Parties and shall
remain in effect until it is terminated. Performing Party is authorized to proceed once
this Agreement is fully executed.
6.2 Termination. Either Party may terminate this Agreement by giving 30 days written
notice to the other Party. The Parties may terminate this Agreement at any time by
mutual written concurrence. This Agreement shall automatically terminate upon
completion of the project.
6.3 Changed Circumstances. If future federal, State, or local statute, ordinance,
regulation, rule, or action render this Agreement, in whole or in part, illegal, invalid,
unenforceable, or impractical, the parties agree to delete and/or to modify such
portions of the Agreement as are necessary to render it valid, enforceable, and/or
practical. Each section, paragraph, or provision of this Agreement shall be considered
severable, and if, for any reason, any section, paragraph, or provision herein is
determined to be invalid under current or future law, regulation, or rule, such invalidity
shall not impair the operation of or otherwise affect the valid portions of this instrument.
6.4 Severability. In the event any one or more of the provisions contained in this
Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision(s) hereof, and this Agreement shall be revised so as to cure such invalid,
TRN6080—West Lancaster Corridor/Parkway Improvements Page 3
NCTCOG and the City of Fort Worth
DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF
illegal, or unenforceable provision(s) to carry out as near as possible the original intent
of the Parties.
6.5 Assignment. Without the prior written consent of the NCTCOG, the Performing Party
may not transfer or assign any rights or duties under or any interest in this Agreement.
6.6 Amendments. Amendments to this Agreement must be signed by each Party.
ARTICLE 7. MISCELLANEOUS PROVISIONS
7.1 Captions. The captions, headings, and arrangements used in this Agreement are for
convenience only and shall not in any way affect, limit, amplify, or modify its terms and
provisions.
7.2 Disputes and Remedies. The Performing Party and the NCTCOG shall negotiate in
good faith toward resolving any disputes that arise under this Agreement. This
Agreement does not limit any remedy or right under law available to a Party to enforce
the terms herein.
7.3 Notice. All notices regarding this Agreement shall be in writing and shall be delivered
to the persons identified below:
NCTCOG
Mailing Address:
Michael Morris, P.E.,
Transportation Director
North Central Texas Council of Governments
616 Six Flags Dr
Arlington, Texas 76005-5888
NCTCOG Project Manager
Jeffrey Neal
Senior Program Manager
North Central Texas Council of Governments
Arlington, Texas 76005-5888
LOCAL GOVERNMENT
Mailing Address:
Joel McElhany
Assistant Director
4200 South Fwy
Fort Worth, Texas 76115
7.4 Liability. NCTCOG and the Performing Party agree that neither party is an agent,
servant, or employee of the other party and agrees it is solely responsible for its
individual acts and deeds as well as the deeds of its contractors, employees,
representatives, and agents.
7.5 Force Majeure. It is expressly understood and agreed by the parties to this
Agreement that, if the performance of any provision of this Agreement is delayed by
force majeure, defined as reason of war, civil commotion, epidemic, pandemic, act of
God, governmental restriction, regulation or interference, fire, explosion, hurricane,
flood, failure of transportation, court injunction, or any circumstances which are
TRN6080—West Lancaster Corridor/Parkway Improvements Page 4
NCTCOG and the City of Fort Worth
DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF
reasonably beyond the control of the party obligated or permitted under the terms of
this Agreement to do or perform the same, regardless of whether any such
circumstance is similar to any of those enumerated herein, the party so obligated or
permitted shall be excused from doing or performing the same during such period of
delay, so that the period of time applicable to such requirement shall be extended for a
period of time equal to the period of time such party was delayed. Each party must
inform the other in writing within reasonable time of the existence of such force
majeure.
7.6 Audits. NCTCOG reserves the right to conduct financial and program monitoring of all
awards to the Performing Party and to perform an audit of all records related to this
Agreement. An audit by NCTCOG may encompass an examination of all financial
transactions, all accounts, and reports, as well as an evaluation of compliance with the
terms and conditions of this Agreement.
7.7 Contractual Relationship. It is understood and agreed that the relationship
described in this Agreement between the parties is contractual in nature and is not to
be construed to create a partnership of joint venture or agency relationship between
the parties. Nor shall nay party be liable for any debts incurred by the other party in the
conduct of such other party's business or functions.
7.8 Availability of Funds. Consistent with Chapter 791 of the Texas Government Code,
each Party paying for the performance of governmental functions or services will make
those payments from current revenues available to the paying party.
7.9 Title VI Compliance. The Performing Party shall ensure compliance with Title VI of
the Civil Rights Act of 1964 (42 U.S.0 § 2000d et seq., 78 stat. 252 and 49 CFR Part
21) which prohibits discrimination on the basis of race, color, national origin.
7.10 Internal Compliance Program. NCTCOG has adopted an Internal Compliance
Program to prevent waste, fraud, or abuse. Contractors, agents, and volunteers can
report suspected waste, fraud, or abuse at: https://www.nctcog.org/agency-
administration/compliance-portal. Additional information regarding the Internal
Compliance Program is available at the previous web address.
APPENDICES
The following appendices are attached and made part of this Agreement.
Appendix A Scope of Work
TRN6080—West Lancaster Corridor/Parkway Improvements Page 6
NCTCOG and the City of Fort Worth
DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF
IN WITNESS WHEREOF, the Parties have executed this Agreement. This Agreement becomes
effective on the day the last Party signs.
BY: BY:
CITY OF FORT WORTH NORTH CENTRAL TEXAS COUNCIL OF
GO F LtN,W. T.S
op DtiLi�t ASRAvu�
Jesica McEachern Mike Eastland
Assistant City Manager Executive Director
10/6/2022
�dpaUnn�
Oct 4,2022 a FORt�a
Date: Date:
F°°°°°°°°
0
ATTEST: 0�0 °�-��d
V° °_
d
°
lA s � r7kCG o o ,- c�
Jannette S.Goodall(Octet 4,2022 20:05 CDT) ��' °oo° °°o �
Jannette Goodall ���� EXpSoaa
City Secretary y�
APPROVAL RECOMMENDED:
ByA )9' c/
Dave Lewis
Interim Director, Park & Recreation
Department
APPROVED AS TO FORM AND LEGALITY
--/—I � M&C No.: None
By:
Taylor Paris M&C Date: None
Assistant City Attorney
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.
.Wetill12 %tdA�
Kevin Rodriguez, Landscape Architect
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TRN6080—West Lancaster Corridor/Parkway Improvements Page 6
NCTCOG and the City of Fort Worth
DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF
APPENDIX A
SCOPE OF WORK
Project Scope
The project scope includes the landscaping of 7 medians on Lancaster Avenue from Lamar Street to
Jones Street. The medians which are 15.5 feet in width and taper down at turn lanes. The
landscaping project includes the removal of existing Bermuda grass and installation of plant material
(trees, shrubs, and grasses) and ground cover (Cypress mulch and decomposed granite). Additional
treatment includes an 8-inch concrete edger.
Existing Conditions
The medians are currently planted with Bermuda grass and mowed on a 14-day cycle.
Proposed Improvements
The proposed improvements include the planting of 88 Natchez Crape Myrtle, 1,256 Pink Muhly and
2,530 Elijah Blue Fescue. The selection of these plants was influenced by the seasonal flowering
color and hardiness in this urban environment. Additionally, the medium sized Crape Myrtle was
selected as it would not screen out the "Avenue of Light" sculptures that were installed in 2009.
These sculptures are at the ends of each median. Improvements also include twenty-two (22) trees to
be replaced with nineteen (19) Red Oaks, two (2) Shumard Oaks, and one (1) Ginko.
The planting bed will be covered with Cypress mulch which will be bound with an 8-inch-wide
concrete edger. A 24-inch band of decomposed granite will be installed at the back of curb.
Additionally, drip irrigation will be installed in the shrub beds. Irrigation bubblers on the trees will be
turned off after the trees are established (approximately 2 years).
The City agrees to conduct ongoing maintenance activities consistent with its maintenance activities
in other corridors throughout the City, including weeding as needed and biennial structural pruning of
trees. The City's standard one (1) year maintenance bond shall be required. If any plant material
(trees or grasses) dies within the one (1) period, the City shall replace the plant material with the
same species.
Environmental Benefits
The Natchez Crape Myrtle though a medium sized tree will provide shade on the roadway. Larger
deciduous trees are currently planted along the sidewalks. Additionally, the proposed landscape
treatment will remove the existing Bermuda grass and eliminate the need for mowing.
Milestones and Deliverables Table
Milestone/Deliverables from City of Fort Worth Date/Amount
- Purchase 88 Natchez Crape Myrtle, 1,256 - March 31, 2023
Pink Muhly and 2,530 Elijah Blue Fescue, - $200,000
22 replacement trees
- Submit invoice and progress report
- Submit final progress report - March 31, 2024
TRN5080—West Lancaster Corridor/Parkway Improvements Page 7
NCTCOG and the City of Fort Worth
DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF
Pt.0 un-s6npe whh Images
z
�z
®` S W
p �W �c
�> 9
Ir
Ig J d
. ..r:. ' I:
l
Qggg-
IA
_ 1
I
1
CONNCEPTCEK RPE
� PLAN
TRN5080—West Lancaster Corridor/Parkway Improvements Page 8
NCTCOG and the City of Fort Worth
DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF
N
I O W
I o0
I
I I a
w� Sg
1=
.. II.R
In
I
- fl
- I mM TM,
t Cfl eem
TRN5080—West Lancaster Corridor/Parkway Improvements Page 9
NCTCOG and the City of Fort Worth
DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF
fA
0 Z
O=
O W
W
I I 00
�
I I z3
I I air �f
cl I J d
�I I
in
I I _
O
LANDSCAPE
CONCEPT PLAN
)a aEan
TRN5080—West Lancaster Corridor/Parkway Improvements Page 10
NCTCOG and the City of Fort Worth
DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF
0z .
oW
cW
�w
UC
! I ZY Ft
I
I
ri
1
I ��
I
}�
R
I I I
I � I
O
J.
��••�•• uNoscAPe
00
1
1
EPT PLAN
TRN5080—West Lancaster Corridor/Parkway Improvements Page 11
NCTCOG and the City of Fort Worth
DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF
M
K I'•
O
W
IX W
urc e
I Z Y !i
3G �n
zl; i�
a
I
......
I I
LANDSCAPE
CONCEPT PLAN
Sa) Yifv
TRN5080—West Lancaster Corridor/Parkway Improvements Page 12
NCTCOG and the City of Fort Worth
DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF
N
=~Z
�W 3
W
0'o 66
U d' ;
� I ar ya
a
1
t
1 I! a e
9
E
s
� n
s F� I
FITITIT
I
I-:
— } :I
60] Nm
TRN5080—West Lancaster Corridor/Parkway Improvements Page 13
NCTCOG and the City of Fort Worth
DocuSign Envelope ID:C53DBO07-987F-45A2-9AOD-4807F4C333DF
tl2
C Z
OW
0
Ww
OXLu B
J," y 9 IY
Q .
a
I:
.. .
I•: O
I
TRN5080—West Lancaster Corridor/Parkway Improvements Page 14
NCTCOG and the City of Fort Worth