HomeMy WebLinkAboutContract 28352 INTERLOCAL AGREEMENJ AFORE '¢f
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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 "T,"
acting herein by and through, John P. Bartosiewicz, its duly authorized Executive
Director/President as directed by the T's Executive Committee.
WITNESSETH:
WHEREAS, on February 28, 2002, the Texas Transportation Commission approved a
Statewide Transportation Enhancement Program (STEP) grant for the Ninth Street Pedestrian
and Streetscape Improvements project, with the total project cost estimated at $1.5 million, with
a required 25 percent local match.
WHEREAS, the City and the T agreed to share equally the local match, and,
accordingly, on March 19, 2002 the City Council approved M&C 13550, adopting Ordinance
#15011, which appropriated the City's local match of S187,500 for the project through the sale
of Certificates of Obligation, and on April 4, 2002, the T Executive Committee authorized the
T's local match of$187,500 for the project(Executive Committee Action #2002-34).
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, a subregional transportation authority pursuant to Ch. 452, Texas
Transportation Code, desires to enhance the visual and mobility aspects along 9th Street in
downtown Fort Worth between its current bus stops, planned future transfer centers, and the
Intermodal Transportation Center at 9th and Jones Streets; and
WHEREAS, the T would like to enter into an agreement with the City of Fort Worth so
that the City of Fort Worth Planning Department would manage and perform administrative
tasks related to the pedestrian improvements to enhance the visual and mobility aspects along the
Ninth Street corridor between Throckmorton Street and the Inte octal Transportation Center at
9`h and Jones Streets.
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.
PUEPOS
The purpose of this Interlocal Agreement ("Agreement") is to allow the City of Fort
Worth to manage and perform administrative tasks related to the pedestrian improvements along
the Ninth Street corridor between Jones Street and Throckmorton.
2.
Tenn
The term of this agreement is for a period commencing December 1, 2002, and ending on
December 31, 2006.
3.
Project Agreements
1. The City and the T agree to incorporate Transit Elements when possible under the
funding arrangements for the project. Said elements are to be consistent in design and
function with the pedestrian and streetscape improvements in the project area.
2. If these specific transit elements are not allowed by the funding regulations, the T
would determine, in its sole discretion whether to fund the transit elements with funds
other than specified in paragraph 6.
3. The City and the T agree that any improvements incorporated into the final design of
the Project shall not hinder transit operation.
4.
Services Provided by City
Under the terms of this agreement, the City would be responsible for completing the
following tasks and submitting related products to the T.
A. Preliminary Design/Engineering
2. The City shall prepare a Request for Proposals (RFP) for the Ninth Street project, to
be reviewed, revised as appropriate, and endorsed by pertinent City departments and
the T.
3. City staff shall secure the City Council's authorization to issue the RFP.
4, The City shall appoint appropriate staff to serve on the Ninth Street Consultant
Selection Committee ("Selection Committee"). The Selection Committee shall
include representatives from the City, the T, and other interested parties. The City
and the T will have equal representation on the Selection Committee. The Selection
Committee shall select a preferred consultant team.
5. Upon selection of a preferred consultant, City staffs shall secure City Council
authorization to execute a contract.
6. The City shall prepare a design and engineering contract and scope of services, to be
reviewed and endorsed by pertinent City departments and the T, for the Ninth Street
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project. The City shall negotiate a design and engineering contract with the
following:
Conceptual Design and Design Development
• The City manages design work in coordination with the T.
• The City oversees survey, drainage studies, and other preliminary engineering
tasks.
• The City manages required environmental assessments.
Upon completion of the conceptual design phase, City staff shall secure City Council
endorsement in order to proceed into Design Development.
B. Construction of Improvements
1. The City shall manage and administer the construction of the Ninth Street project
in accordance with State law.
5.
Services Provided by the T
Under the terms of this agreement, the T would be responsible for completing the
following tasks and submitting related products to the City.
1. T staff shall secure the T Executive Committee's authorization to issue the RFP.
2. The T shall appoint appropriate staff to serve on the Ninth Street Consultant
Selection Committee ("Selection Committee"). The Selection Committee shall
include representatives from the City, the T, and other interested parties. The
Selection Committee shall select a preferred consultant team.
3. Upon selection of a preferred consultant, T staff shall secure the T Executive
Committee's endorsement of the selection of the preferred consultant team.
4. Upon completion of the conceptual design phase, T staff shall secure T Executive
Committee endorsement in order to proceed into Design Development.
6.
Compensation
As fair compensation for the services provided by City pursuant to this agreement:
A. The T shall pay the City an amount not to exceed One hundred eighty-seven thousand
five hundred dollars (S1871,500). City shall invoice the T for expenses spent on the
project. The T shall pay the City within 30 days of receiving each invoice.
R Pursuant to the requirements of Government Code § 791.011(d}(3 j, the amount due
City under subparagraph A. above shall be paid from revenues currently available to
the T.
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7.
Independent Contractor
City shall operate under this agreement as an independent contractor and not as an
officer, agent, servant, or employee of the T. City shall have the exclusive right to control the
details of the work and the services performed hereunder, and all persons performing same. The
T shall have no right to exercise any control over or to supervise or regulate City personnel in
any way. The doctrine of Respondeat Superior shall not apply as between the parties, and
nothing herein shall be construed as creating a partnership or joint enterprise between the parties.
The final design responsibility for safety and operation issues will be the City's and the T
shall have no liability as a result of any design or operation errors and/or omissions
8.
Liaison
The T shall designate one or more persons who shall be available to consult with City, if
needed, to assist in resolving problems and questions that may occur during the term of this
agreement.
9.
Termination
This agreement may be terminated as follows:
A. A material breach of this agreement by either party shall immediately terminate the
obligations of the other party under this agreement.
B. Without cause by either party with thirty days written notice to the other party.
10.
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. By entering into this agreement the parties do not intend to create any obligations,
expressed or implied, other than those set forth herein and this agreement shall not create any
rights in parties not signatories hereto.
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11.
Non-assignabilit
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.
12.
Entirety; Modification
This agreement and all attachments incorporated herein by reference constitute the entire
agreement by 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.
13.
Severabilit
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.
14.
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.
15.
Authority
This agreement is made for City and the T as an Interlocal Agreement pursuant to
Chapter 791 of the Government Code of Texas,
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16.
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 FORT WORTH
TRANSPORTATION AUTHORITY
Charles Boswell 40—�.LB—air4tosiewicz
Assistant City Manager /President/Executive Director
/hJ/Date: Date: I 0j
APPROVED AS TO FORM APP��!,,),S TO FORM
A4
Askistant
ty Attorney Phyllis Waldrep Z Cranz
GeneraJ/Counsel
Fort Worth Transportation Attorney
ATTEST:
City Secreta
Contract Authorizat
ion
PAP
City of Fort Worth, .Texas
A4ayof and 0osexcif G
DATE REFERENCE NUMBER LOG NAME PAGE
11126/02 **C-19363 1 22FUNDING 1 of 2
SUBJECT AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR TRANSPORTATION
ENHANCEMENT FUNDING FOR NINTH STREET AND AUTHORIZE THE CITY
MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE FORT
WORTH TRANSPORTATION AUTHORITY OUTLINING FUNDING AND PROJECT
MANAGEMENT RESPONSIBILITIES
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a Local Transportation Project Advance Funding Agreement
(LPAFA) with the Texas Department of Transportation (TxDOT) for Transportation Enhancement
Funds in the amount of$1,125,000, for Ninth Street from Throckmorton Street to Jones Street; 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; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Critical Projects Fund in the amount of $187,500 from contributions from The "T" for the purpose of
the Ninth Street pedestrian and streetscape improvements project; and
4. Authorize the City Manager to remit a check in the amount of $10,000 made payable to TxDOT for
administration of the project as required by the LPAFA; and
5. Authorize the City Manager to issue a Request for Proposals (RFP) for the design of pedestrian and
streetscape improvements to Ninth Street from Throckmorton Street to Jones Street.
DISCUSSION:
The Transportation Equity Act of the 21st Century (TEA-21) established a Statewide Transportation
Enhancement Program (STEP) to focus on transportation programs that contribute to the livelihood of
communities, the quality of the environment, and the aesthetics of roadways. The Texas
Transportation Commission selects STEP projects.
On February 28, 2002, the Texas Transportation Commission approved a STEP grant for the Ninth
Street pedestrian and streetscape improvements project, with the total project cost estimated at $1.5 l
million, with a required 25 percent local match in the amount of$375,000.
t
The City and The "T' have agreed to share equally the local match. On April 4, 2002, The "T"
Executive Committee authorized The "T"s local match of$187,500 for the project (Executive Committee
Action No, 2002-34). The City's portion of the local match in the amount of $187,500 was included in
the Certificates of Obligation sold for City Match for Major Transportation and Urban Design Grant
Projects approved by the City Council on January 29, 2002, Ordinance No. 14944, and appropriated by
City Council on March 19, 2002 (MC G-13550). The Planning Department is responsible for collecting
I The "T"s share of the local match,
City of f Fort Worth, Texas
A4ayor and Oosencif 0oomommill0weeflom
DATE REFERENCE NUMBER LOG NAME PAGE
11126102 **C_19363 22FUNDING 2 of 2
SUBJECT AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR TRANSPORTATION
ENHANCEMENT FUNDING FOR NINTH STREET AND AUTHORIZE THE CITY
MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE FORT
WORTH TRANSPORTATION AUTHORITY OUTLINING FUNDING AND PROJECT
MANAGEMENT RESPONSIBILITIES
The City and The "T" would like to enter into an agreement to allow the City to manage and perform
administrative tasks related to the pedestrian improvements along the Ninth Street corridor between
Jones and Throckmorton Streets.
The LPAFA outlines the scope of work for the Ninth Street project as follows:
• Design and preparation of final construction plans, specifications, and estimates; and
• Demolition; and
• Sidewalks; and
• Curbs and gutters; and
• Brick accents; and
• Pedestrian wayfinding signage; and
• Trees and tree grates; and
• Landscape plantings; and
• Installation of Irrigation system; and
• Pedestrian lighting; and
• Trash receptacles.
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 Critical Projects Fund.
CB:k
Submitted for City Manager's FUND { ACCOUNT CEtiT R AMOUNT CITY SECRETARY
Office bye t'tol ? �
E 3)C1 16 531200 022116021220 $167,500.00 i
Charles Boswell 6183 � 3) C116 486100 0122116021220 � $167,500.00 I
€ C}riginating Department Head:
Fernando Costa 8042 (from) APPROVED I L26/02
0116 531200 1 022116021220 $375,000.00 ORD.#15349
Additional Information Contact,
Vincent Mantero 8007