HomeMy WebLinkAboutContract 61342CSC No. 61342
STATE OF TEXAS §
CITY OF FORT WORTH §
INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND
TEXAS A&M TRANSPORTATION INSTITUTE
This Interlocal Agreement ("Agreement") is made between The City of Fort Worth and the Texas
A&M Transportation Institute ("TTI").
WHEREAS, the Texas State Legislature has authorized the formation of interlocal cooperating
contracts between and among governmental entities; and
WHEREAS this Agreement is made under the authority granted by and pursuant to Chapter 791
of the Texas Government Code which authorizes The City of Fort Worth and TTI to enter into this
Agreement for purposes of providing a governmental function or service that each party to the
contract is authorized to perform individually; and
WHEREAS, The City of Fort Worth and TTI desire to enter into this Agreement to have TTI
provide technical assistance with assessing and analyzing traffic data, providing guidance for
scoping and evaluating transportation -related procurements, and researching best practices in
transportation; and
WHEREAS, The City of Fort Worth has identified TTI as an exemplary resource for providing
guidance in this undertaking; and
WHEREAS, The City of Fort Worth seeks to identify cost-effective and readily available
resources for analyzing traffic for transportation project development and traffic analysis; and
WHEREAS, The City of Fort Worth recognizes that traffic crashes impact the health and safety
of the community, both statewide and nationally, with more annual auto fatalities than homicides;
and
WHEREAS, The City of Fort Worth seeks to ensure that City funds are used to procure goods
and services that meet its needs effectively; and
WHEREAS, The City of Fort Worth seeks to implement best practices in transportation design,
management, and operation;
NOW THEREFORE, IN CONSIDERATION of the mutual promises and agreements contained
herein, the parties do hereby agree as follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Interlocal Agreement between Fort Worth and TTIPage 1 of 5
1. Purpose. The purpose of this Agreement is to obtain TTI's guidance in analyzing
traffic data sources, building internal capacity to assess traffic safety issues, developing projects
scoping and evaluation processes, and identifying best practices for consideration in transportation
management, operations and analysis.
2. TTI Responsibility: TTI shall provide the services outline in Attachment A — Scope
of Work. TTI shall provide monthly invoices to The City of Fort Worth, along with a monthly
progress report, detailing the work conducted in accordance with the Scope of Work.
3. The City of Fort Worth Responsibility. The City of Fort Worth shall compensate
TTI in the amount of $95,000 for services identified in Attachment A — Scope of Work in
accordance with the fee schedule provided in Attachment B. Both Attachments A and B are
attached hereto and incorporated herein for all purposes. The City of Fort Worth will make
payments to TTI for the amount reflected in the monthly progress report sent by TTI within 30
days from the end of the month of The City of Fort Worth's receipt of the statement.
4. Term and Termination. This agreement shall begin upon the last day executed by
authorized parties (the "Effective Date") and both The City of Fort Worth and TTI agree to use
reasonable diligence in performing all of their respective obligations and duties under this
Agreement. This agreement shall end September 30, 2025. Upon mutual agreement, The City of
Fort Worth and TTI may choose to extend the end date of this agreement prior to its termination.
5. Immunity. It is expressly understood and agreed that in the execution of this
Agreement, no party 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.
6. Assignment. TTI shall not have the right to assign or subcontract any of its duties,
obligations or rights under this Agreement without the prior written consent of The City of Fort
Worth, which such right shall be granted solely at the discretion of The City of Fort Worth.
7. Governing Law. This Agreement shall be construed in accordance with the laws of
the State of Texas.
8. Remedies. No right or remedy granted herein or reserved to the parties is exclusive
of any other right or remedy herein by law or equity provided or permitted; but each shall be
cumulative of every other right or remedy given hereunder. No covenant or condition of this
Agreement may be waived without written consent of the parties. Forbearance or indulgence by
either party shall not constitute a waiver of any covenant or condition to be performed pursuant to
this Agreement.
9. Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired.
10. Applicable Law. This Agreement is entered into subject to the Interlocal
Cooperation Act, the governing charters and ordinances of The City of Fort Worth and TTI, as
they may be amended from time to time, and is subject to and is to be construed, governed and
enforced under all applicable Texas and Federal law.
Interlocal Agreement between Fort Worth and TTIPage 2 of 5
11. Entire Agreement. This written instrument contains the entire understanding and
agreement between The City of Fort Worth and TTI as to the matters contained herein. Any prior
or contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with this Agreement. This Agreement may not be amended unless set forth in writing and
signed by both parties.
12. Sip -nature Authoritv. The person signing this agreement hereby warrants that he/she
has the legal authority to execute this agreement on behalf of the respective party, and that such
binding authority has been granted by proper order, resolution, ordinance or other authorization of
the entity. The other party is fully entitled to rely on this warranty and representation in entering
into this Agreement.
13. Independent Contractors. It is expressly understood and agreed that TTI shall
operate as an independent contractor as to all rights and privileges granted herein, and not as agent,
representative or employee of The City of Fort Worth. Subject to and in accordance with the
conditions and provisions of this Agreement, TTI shall have the exclusive right to control the
details of its operations and activities and be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors and subcontractors. TTI acknowledges that the
doctrine of respondeat superior shall not apply as between The City of Fort Worth, its officers,
agents, servants and employees, and TTI, its officers, agents, employees, servants, contractors and
subcontractors. TTI further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between The City of Fort Worth and TTI.
14. No Waiver. The failure of either party to insist upon the performance of any
provision or condition of this Agreement or to exercise any right granted herein shall not constitute
a waiver of that party's right to insist upon appropriate performance or to assert any such right on
any future occasion.
15. Non -Appropriation of Funds. The City of Fort Worth and TTI will use best efforts
to appropriate sufficient funds to support obligations under this Agreement. However, in the event
that sufficient funds are not appropriated by either party's governing body, and as a result, that
party is unable to fulfill its obligations under this Agreement, that party (i) shall promptly notify
the other party in writing and (ii) may terminate this Agreement, effective as of the last day for
which sufficient funds have been appropriated.
16. Riaht to Audit. TTI agrees that The City of Fort Worth shall, until the expiration of
three (3) years after termination of this Agreement, have access to and the right to examine at
reasonable times any directly pertinent books, documents, papers, records, and communications
of TTI involving transactions relating to this Agreement at no additional cost to The City of Fort
Worth. TTI agrees that The City of Fort Worth shall have access during normal working hours to
all necessary TTI facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. The City of Fort Worth shall give
TTI reasonable advance notice of intended audits.
17. Liability. Nothing in the performance of this Agreement shall impose any liability
for claims against The City of Fort Worth and TTI other than claims for which liability may be
imposed by the Texas Tort Claims Act.
Interlocal Agreement between Fort Worth and TTIPage 3 of 5
18. Amendments. No amendment to this Agreement shall be binding upon either party
hereto unless such amendment is set forth in writing and signed by both parties.
19. Force Maieure. The parties shall exercise their best efforts to meet their respective
duties and obligations hereunder, but shall not be held liable for any delay in or omission of
performance due to force majeure or other causes beyond their reasonable control, including, but
not limited to, compliance with any state or federal law or regulation, acts of God, acts of omission,
fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions, transportation
problems or existing contractual obligations directly related to the subject matter of this
Agreement.
20. Notice. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its
agents, employees, servants or representatives, (2) delivered by facsimile with electronic
confirmation of the transmission, or (3) received by the other party by United States Mail,
registered, return receipt requested, addressed as follows:
The City of Fort Worth
Attn: Lauren Prieur
200 Texas Street
Fort Worth TX 76102-6311
With Copy to the City Attorney
At same address
Texas A&M Transportation Institute
Attn: Dr. Joe Zietsman
Deputy Agency Director
I I I I RELLIS Pkwy
Bryan, TX 77807
Executed effective as of the date signed by the Assistant City Manager below.
City:
By:
C��
Name:
Jesica McEachern
Title:
Assistant City Manager
Date: Apr 29, 2024
TTI
40-
By: Joe Zietsman (202418:46 CDT)
Name: Dr. Joe Zietsman
Title: Deputy Agency Director
Date: Apr 18, 2024
THE CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By: ✓/
Name: Kelly Porter
Title: Assistant Director, TPW Regional
Transportation and Innovation Division
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.
By:
Name:
OFFICIAL RECORD
Walter Council CITY SECRETARY
FT. WORTH, TX
Interlocal Agreement between Fort Worth and TTIPage 4 of 5
Approved as to Form and Legality:
By:
Douglas Black(Apr 411:21 CDT)
Name:
Douglas W. Black
Title:
Sr. Assistant City Attorney
Contract Authorization:
M&C:
N/A
Title: Principal Regional Planner
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Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Interlocal Agreement between Fort Worth and TTIPage 5 of 5
ATTACHMENT A —SCOPE of WORK
TASK 1 Data Validation
TTI will develop a methodology for various data validation. This task is critical to establish appropriate
applications of data within TPW Transportation Management Division's work processes. Various data
sources hold promise in reducing or eliminating targeted primary data collection for speed studies, all -
way stop and signal warrants, and a traffic count program. These types of data sources would also enable
the traffic engineering team to conduct origin/destination and before/after evaluations. Altogether, the
use of various data sources in these areas would contribute to quicker turnaround on citizen service
request responses and the ability to analyze impacts of operational and infrastructure improvements over
time with readily available data.
1.1 Traffic Count Program Parameters
• Transportation and Public Works does not have a formal program. Instead, traffic counts are
ordered through a vendor, on an ad hoc basis, for individual project needs. In addition, the City
does not have a central database of previously collected counts.
• TTI will develop a framework for a traffic count program that details location selection criteria,
data collection methods, frequency, and data storage. TTI will also identify areas where various
data sources can be used and where primary data collection is required.
• TTI will also provide recommendations for additional traffic data to utilize in conjunction with
traffic count data to provide a more complete assessment of a facility's performance.
1.2 Use of Various Data for Internal Traffic Evaluations
• TPW utilizes various data sources, including vendors, on an as -needed basis to deploy
equipment and compile volume, speed data, and turning movement counts in support of traffic
calming initiatives and in the performance of Texas Manual on Uniform Traffic Control Devices
all -way stop and signal warrant studies.
• TTI will evaluate various data and provide a technical memo describing the challenges and
opportunities or limitations for using this data in the aforementioned applications.
Deliverables:
• Technical Memo outlining the parameters for a citywide traffic count program, inclusive of
program goals, objectives, location selection criteria, data collection methods, frequency, and
database storage.
• Technical memo outlining the challenges, opportunities, limitations, and a detailed methodology
for using Replica data in speed studies and all -way stop and signal warrants.
1
TASK 2 Safety Database
TTI will demonstrate the process for developing a Citywide crash database consisting of records from
TXDOT'S Crash Record Information System (CRIS). This will allow the City to readily conduct crash analyses
as needed. In addition, the City has recently created a Vision Zero dashboard and map viewer. TTI will also
demonstrate, as part of developing the citywide crash database, a methodology for periodic data
refreshes and updates to the application programming interface.
Activities shall include:
• Working with City staff to obtain TxDOT CRIS access, including physical reports.
• Training City staff to build the internal capacity to update crash data, manage crash data in the
database, query crash data, and utilize the data for reports and analysis.
• Provision of a user's manual to detail the use, management, and analysis of the crash database.
• Working with City staff on modifications to the safety dashboard, when needed.
• Training City staff on quality assurance/quality control procedures for public publishing of crash
statistics.
Deliverables:
• A database with TxDOT CRIS data from 2014-2023 (and earlier, if available) in Microsoft Access
• A user's manual outlining the use and management of the database, including crash data
acquisition, database maintenance, query development for accessing specific crash data, and
quality assurance/quality control procedures.
TASK 3 Proiect Scopine and Evaluation Assistance
TTI will assist City staff in procuring and evaluating transportation -related technology, including the pilot
testing of new transportation related technology that would be used in some capacity by City staff. This
will allow the City to readily be aware of any constraints before planning to potentially purchase or use
long term. TTI will also demonstrate, as part of developing the technology testing framework, a
methodology that can be utilized as a broad template.
Activities may include but are not limited to:
• Co -developing (with City staff) project and/or system requirements for RFI/RFP/RFQ documents.
• Developing system testing parameters for procured/tested systems, including functionality,
client usability, integration capabilities, and limitations.
• Conducting validation tests for procured technology.
• NOTE: Each identified project will be treated as a separate work order with estimated costs and
expectations. Cost and time may vary on each project, depending on the complexity of the
technology to be reviewed.
Deliverables/Expectations may include items such as:
• Drafting of specifications and requirements language for incorporation for RFI/RFP/RFQ
documents based on the product or service under procurement.
2
• Development of a testing methodology of the project or service under procurement.
• Technical memorandum reflecting the evaluation of the product or service procured, including
recommendations of how to proceed with further implementation.
TASK 4 Best Practice Reviews and Recommendations.
TTI will conduct "best practices" reviews on subjects of interest submitted by City staff, with an aspect
that considers processes and procedures that mitigate constraints. Best practices reviews will consist of
online research of products/services, literature review of performance, data analysis (if
available/needed), and interviews with product manufacturers, service providers, and implementing
agencies. TTI will provide a thorough synopsis of the research, along with preliminary recommendations
for moving forward with implementation.
Activities may include but are not limited to:
• A synopsis of recommendations from conferences, such as the Smart City Expo World Congress,
ITS America, TexITE, APA, etc, for potential technologies for more in-depth review and vetting
for implementation within Fort Worth
• A review of the City's Emergency Operations Center (EOC) operations
• The development of psychographic profiles to provide information on the community for
community engagement exercises.
• NOTE: Each identified project will be treated as a separate work order with estimated costs and
expectations. Cost and time may vary on each project, depending on the complexity of the
technology to be reviewed.
Deliverables/Expectations may include items such as:
• A Technical Memorandum providing an overview of the research conducted on the "best
practice," including a summary of the research conducted and a set of recommended next steps
for implementation.
3
ATTACHMENT B — BUDGET
The following is an estimated budget for this agreement, not to exceed $95,000. Any cost center with
remaining funds may be used for another cost center. TTI shall adhere to all federal and state per diem
guidelines for travel expenditures.
Salaries
Salary -Related Fringe Benefits
(Insurance, Taxes, Unemployment, etc.)
$42,950
$11,700
Travel $6,650
(Including mileage -based field trips by local staff, 3 trips to Fort Worth
from Houston and 2 trips to conferences/ exhibitions as requested by
City staff)
Network and Other Supplies Costs $1,250
Indirect/Administrative Costs $32,450
TOTAL $95,000
4
105470-EPIA-Texas A&M ILA
Final Audit Report
Created: 2024-03-14
By: Barbara Pryor (Barbara.Pryor@fortworthtexas.gov)
Status: Canceled / Declined
Transaction ID: CBJCHBCAABAAEamzytfSZ14Y9OBtuWkCbFnmSvodzOlg
"105470-EPIA-Texas A&M ILA" History
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Routing and Transmittal Slip
Transportation & Public Works.
Department
DOCUMENT TITLE:
Texas A&M Transportation Institute Interlocal Agreement
M&C: N/A CPN: 105470 CSO: DOC#:
Date:
To:
Name
Department
Initials
Date Out
1.
Barbara Pryor
TPW - review
Op—
Mar 14, 2024
2.
Mary Levien
Consultant - review
Mar 21, 2024
3.
Dr. Joe Zeitsman
Consultant - signature
'�
Apr 18, 2024
4.
Walter Council
TPW - signature
Apr 22, 2024
5.
Kelly Porter
TPW -signature
Apr 22, 2024
6.
Lauren Prieur
TPW - approval
?�
Apr 22, 2024
7.
Doug Black
Legal - signature
D B 17��
Apr 23, 2024
8.
Jesica McEachern
CMO - signature
a'
Apr 29, 2024
9.
Jannette Goodall
CSO - signature
Apr 29, 2024
10.
TPW Contracts
TPW
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