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HomeMy WebLinkAboutContract 63444CSC No. 63444 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CITY OF ARLINGTON This Interlocal Agreement ("Agreement") is made between The City of Fort Worth and the City of Arlington. 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 The City of Arlington 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, each governing body, in performing governmental functions or in funding the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, The City of Fort Worth and the City of Arlington desire to enter into this Agreement to procure technical assistance to assess the economic impacts of high-speed rail; and WHEREAS, The City of Fort Worth and the City of Arlington have identified the critical need for high- speed rail as the region continues to grow; NOW THEREFORE, IN CONSIDERATION of the above recitals and mutual promises and agreements contained herein, the parties do hereby agree as follows: 1. Pumose. The purpose of this Agreement is to analyze transportation data sources, assess transportation issues, develop project scoping and evaluation processes, and identify best practices for consideration in transportation management, operations, and analysis for future high-speed rail. 2. The Citv of Fort Worth Responsibility: The City of Fort Worth through its contractor shall provide the services outlined in Attachment A— Scope of Work. The City of Fort Worth shall provide monthly invoices to The City of Arlington, along with a monthly progress report, detailing the work conducted in accordance with the Scope of Work. 3. The Citv of Arlington Responsibility. The City of Arlington shall reimburse the City of Fort Worth in an amount up to $183,750.00 for services identified in Attachment A 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 Arlington will make payments to The City of Fort Worth for the amount reflected OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX in the monthly progress report within 30 days from the end of the month of The City of Arlington's receipt of the statement. 4. Term. This agreement shall be effective on the date the last parry whose signature makes the agreement fully executed (the "Effective Date"). The City of Fort Worth and The City of Arlington agree to use reasonable diligence in performing all of their respective obligations and duties under this Agreement. This agreement shall end September 30, 2026. Upon mutual agreement, The City of Fort Worth and The City of Arlington may choose to extend the end date of this agreement by amending this agreement in writing and signed by both parties. 5. Termination for Convenience. Either party may terminate this Agreement for convenience without penalty upon thirty (30) days written notice. Upon receipt of termination notice, the Parties shall stop all work in progress, including subcontracts. City of Arlington shall pay City of Fort Worth for all work performed in accordance with the provisions of this Agreement prior to the date of termination. City of Fort Worth shall invoice City of Arlington for all work performed within sixty (60) days after termination. 6. Termination for Default. Each party reserves the right to terminate this Agreement upon breach of any term or provision of this Agreement, if the breaching party shall not cure any such breach after thirty (30) days written notice thereof. 7. 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. 8. Assienment. The City of Fort Worth shall have the right to subcontract any of its duties or obligations under this Agreement without the prior written consent of The City of Arlington. 9. Current revenues. The parties hereto shall make any payments called for hereunder only from current revenues legally available to each party. 10. 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 the 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. 11. 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. 12. Annlicable Law. This Agreement shall be construed in accordance with the laws of the State of Texas. This Agreement is entered into subject to the Interlocal Cooperation Act, the governing charters, and ordinances of The City of Fort Worth and The City of Arlington. All actions to be taken or amounts due under this Agreement shall be performed in Tarrant County, Texas. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in Tarrant County, Texas. 13. Entire Agreement. This written instrument contains the entire understanding and agreement between The City of Fort Worth and The City of Arlington 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. 14. 5.1 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. 15. Indenendent Contractors. It is expressly understood and agreed that the City of Fort Worth shall operate as an independent contractor as to all rights and privileges granted herein, and not as an agent, representative, or employee of The City of Arlington. Subject to and in accordance with the conditions and provisions of this Agreement, the City of Fort Worth 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. The City of Fort Worth acknowledges that the doctrine of respondeat superior shall not apply between The City of Arlington, its officers, agents, servants, and employees, and the City of Fort Worth, its officers, agents, employees, servants, contractors, and subcontractors. The City of Fort Worth further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between The City of Arlington and the City of Fort Worth. 16. 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. 17. Non-Annronriation of Funds. The City of Fort Worth and the City of Arlington will use their 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. 18. Rieht to Audit. The City of Fort Worth agrees that The City of Arlington 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 City of Fort Worth involving transactions relating to this Agreement at no additional cost to The City of Arlington. 19. Liability. Nothing in the performance of this Agreement shall impose any liability for claims against The City of Fort Worth and the City of Arlington other than claims for which liability may be imposed by the Texas Tort Claims Act. 20. 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. 21. 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. 22. 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 electronic means with 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 Title: Director of Transportation and Public Works 100 Fort Worth Trl Fort Worth TX 76102 With Copy to the City Attorney At same address The City of Arlington Attn: Alicia Winkelblech Title: Director of Transportation 101 W Abram St Arlington, TX 76010 Remainder of the page intentionally blank Executed effective as of the date signed by the Assistant City Manager below. City of Fort Worth: By: C>Lal'- Name: Jesica McEachem Title: Assistant City Manager Date: 05/15/25 qOFanIl fORT�ad ;, o o do °tea A By oPa�oa ,,a Name: Jannette S. Goodall °aaa nEoAsbegd Title: City Secretary Approved as to Form and Legality: Name: Douglas W. Black Title: Sr. Assistant City Attorney Contract Authorization: M&C: 25-0374 City of Arlington: By:_�+� C. e—+; t, CO ✓• 1.)C 3 LA.*, �Y✓11N� Name: A L► c I A W► W I4-r_-c.C3L(EE-C*1 Title: A , Le c-r- ✓L OF ZAIV SjD.;VM A-%ioa Date: Cp I ►2 I 2 S ATTEST ALEX BUSKEN, City Secretary APPROVED AS TO FORM: MOLLY SHORTALL, Arlington City Attorney THE CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Kclly Porter(' ,%2M2 I:A CDT) 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: GADIt,11 i1 202515:12 CDT) Name: Gadimi Hilton OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT A CITY OF FORT WORTH AND CITY OF ARLINGTON HIGH SPEED RAIL ECONOMIC IMPACT ANALYSIS SCOPE FOR CITY OF ARLINGTON PORTION Scor)e The City of Arlington is joining the City of Fort Worth to complete an analysis of the economic impact of high-speed rail in the Dallas -Fort Worth region with a focus on the impacts to the cities of Fort Worth and Arlington. The City of Fort Worth has obtained a vendor (AECOM) and the City of Arlington will be added to the contract as an additional task order under the project scope. The scope for the Arlington portion of the project shall focus on the following items. Economic Impacts to Arlinaton The City of Arlington City Council supports the concept the Fort Worth -Arlington -Dallas high-speed rail corridor, including the concept of a one -seat ride that connects the DFW rail line to Houston through the City of Dallas. Arlington has actively participated in corridor alignment analysis and initial station area planning and supports continued efforts to environmentally clear the project, develop specific station area designs and identify a financial plan for development, operation and maintenance of the corridor. The proposed high-speed rail station in Arlington is planned for location in the Arlington Entertainment District, immediately adjacent to Interstate 30. The Arlington Entertainment District is a vibrant hub of sports, entertainment, and mixed -use development, offering a wide array of attractions and amenities. Located centrally within the Dallas -Fort Worth metroplex, this area is a key destination for both locals and tourists. Serving over 15 million visitors each year, the Entertainment District is home to several major sports and entertainment venues including AT&T Stadium, Globe Life Field, Choctaw Stadium, Esports Stadium Arlington and Expo Center, Texas Live!, Loews Arlington Hotel and Convention Center and the newly completed National Medal of Honor Museum. The District continues to evolve, with ongoing developments aimed at enhancing its appeal and providing a comprehensive entertainment experience. Downtown Arlington and the University of Texas at Arlington, which boasts an enrollment of more than 41,000 students, are located approximately two miles away from the Entertainment District. The close proximity of the two major activity centers creates opportunities for additional growth and connectivity to a potential highs -speed rail stop. The City of Arlington offers public transportation through the Arlington On -Demand Rideshare service which serves all 99 square miles of the City. The Entertainment District also provides a trolley circulator for hotel patrons. The City is also exploring other innovative mobility solutions and is committed to creating better connectivity to DFW International Airport and surrounding cities. Integration into the high-speed rail system will support this need for connectivity and significantly boost economic growth and development in Arlington as well as within the region as a whole. Improved access can attract businesses, stimulate investment, and create jobs throughout the DFW metroplex. Companies are more likely to establish operations in areas with robust transportation networks, as they facilitate the movement of goods and employees. With this rail connection, accessing Dallas, Fort Worth, and other key destinations would be faster and more convenient, reducing travel time and enhancing the region's attractiveness as an entertainment hub. The City of Arlington is interested in an economic impact study that will clearly analyze the costs and benefits associated with the Fort Worth, Arlington, Dallas high-speed rail corridor for Arlington and the region. Analysis should include: • Analysis of future population and employment growth in the City, with and without high-speed rail, with a focus on the Entertainment District, Downtown and University areas. • Direct economic impacts (job creation and income, tourism, sales tax, etc.) • Potential users, characterized by type • Impacts on existing, planned and future development in and around potential station catchment area, including land values, impacts on future development, residential and commercial pricing, affordable housing • Linkages to entertainment and special events venues, convention center, hotels, meeting spaces • Transit -oriented development impacts/opportunities • Integration with existing transportation modes and impacts on access • Consideration of connectivity to Downtown and major educational institutions • Environmental impacts and social impacts such as neighborhood disruption, noise and vibration, and any other potential nuisance impacts • Other metrics as requested by City of Arlington The above analysis should be coordinated with City of Arlington planning and policy documents including but not limited to the City's economic development strategy, transportation planning documents, comprehensive plan and sub -area and corridor plans. ATTACHMENT B CITY OF FORT WORTH AND CITY OF ARLINGTON HIGH SPEED RAIL ECONOMIC IMPACT ANALYSIS FEE SCHEDULE FOR CITY OF ARLINGTON PORTION Task Task 1 Study Area Definition Task 2 Benchmarking Task Development 3 Scenarios Task Economic Impact and 4 Fiscal Benefits Task 5 Fort Worth Overhead Total Summary of Deliverables Cost Study Area and Station Area Definitions Map $14,166 Benchmarking Analysis Slide Deck $35,554 Development Estimates and Comparisons Slide Deck $45,595 Findings Summary Slide Deck $79,685 No Deliverable $8,750 Not to Exceed $183,750 M&C Review Pagel of 3 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT WO RT- Create New From This M&C REFERENCE **M&C 25- 20SOUTHEAST DOWNTOWN DATE: 4/22/2025 NO.: 0374 LOG NAME: PROJECT DEVELOPMENT SUPPORT CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 9 and CD 11) Authorize Acceptance of a Donation from the Fort Worth Local Development Corporation in the Amount of $765,000.00, Authorize Execution of a Professional Services Agreement with AECOM Technical Services, Inc. in the Amount of $940,000.00 for the Southeast Downtown Fort Worth Project Development Support, Authorize Execution of an Interlocal Agreement with the City of Arlington in an Amount Up to $183,750.00 for a High Speed Rail Economic Impact Analysis, Adopt Appropriation Ordinance, and Amend the Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize Acceptance of a Donation in the amount of $765,000.00 from the Fort Worth Local Development Corporation for the Southeast Downtown Fort Worth Project; 2. Authorize Execution of a Professional Services Agreement with AECOM Technical Services, Inc. in the?Amount of $940,000.00,?for the Southeast Downtown Project Development Support; 3. Authorize Execution of an Interlocal Agreement with the City of Arlington in an Amount Up to $183,750.00 for inclusion with the High -Speed Rail Economic Impact Analysis; 4. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Developer Contribution Fund, in the amount of $765,000.00, from future revenues within Developer Cash Contributions, for the purpose of funding the Southeast Downtown Project Development Support (City Project No. 103807); and 5. Amend the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to accept a contribution from the Local Development Corporation and authorize execution of an agreement with AECOM Technical Services, Inc. (AECOM) in the amount of $765,000.00 for Southeast Downtown Project Support and to authorize execution of an interlocal agreement with the City of Arlington for a joint high-speed rail economic impact analysis. Southeast Downtown Project Development Support On August 8, 2023, AECOM was selected for the Access Butler Place Plan, which focuses on increasing the access points to Bulter Place from downtown and surrounding neighborhoods (M&C 23-0637, CSO 61088). On October 15, 2024, the Connecting the Core amendment was executed to expand the study of the transportation infrastructure needs of Downtown Fort Worth and surrounding areas (M&C 24 -0919, CSO 61088-A1). On February 25, 2025, the Local Development Corporation (LDC) approved a resolution that authorized the transfer of $765,000.00 from the LDC to the City for the purposes of engaging AECOM for work on the Southeast Downtown Project Support project (Resolution FWLDC-2025-03). http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33237&councildate=4/22/2O25 5/8/2025 M&C Review Page 2 of 3 Projects like Texas A&M expansion, the Fort Worth Convention Center expansion, Bulter Place redevelopment, and Fort Worth to Houston High -Speed Rail will all have a profound impact on Downtown Fort Worth. This includes the City of Fort Worth portion of the High -Speed Rail Economic Impact Analysis and will coordinate the required infrastructure for the Southeast Downtown area. AECOM will work with the City of Fort Worth and developers to determine future parking needs, conduct fiscal analysis, provide funding schemes, provide grant writing support, and complete pre - engineering. Regional High -Speed Rail Economic Development Analysis The City of Dallas is advancing its own economic analysis for high-speed rail, whereas the cities of Fort Worth and Arlington have agreed to partner in a joint study. The study scope analyzes the economic impact of constructing high-speed rail and its impact on property owners, local businesses, and other factors. Fort Worth and Arlington will pay for their portions of the joint study. Once approved by the City of Arlington City Council and the Interlocal Agreement is executed, the City of Arlington will pay to the City of Fort Worth $183,750.00 which will be appropriated to the Connecting the Core project through an M&C that will be submitted at a later date. 5\% of the agreed upon funding will be for indirect costs for the City of Fort Worth staff review. Appropriations for the Southeast Downtown project support are below. Fund Number Fund Name M&C Amount 30104 Developer Contribution (LDC) This M&C $765,000.00 30106 Intergovernmental Contribution Fund Future M&C $183,750.00 Project Total $948,750.00 The Transportation and Public Works Department is responsible for the billing and collection of these funds. The Business Equity Division placed a 12.60\% business equity goal on this solicitation/contract. AECOM Technical Services, Inc., will exceed the goal at 13.66\%, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. This is a donation from the Local Development Corporation and no match or other financial commitment is required as part of this scope. The interlocal agreement with the City of Arlington is set for reimbursement. This is located in COUNCIL DISTRICTS 9, and 11. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Developer Contribution Fund within ARPA Butler Place Access-Dev P project. The Transportation and Public Works Department (and Financial Management Services) is responsible for the collection and deposit of funds. Prior to any expense being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project ID I I ID FROM Fund Department Account Project ID I ID Submitted for Citv Manager's Office bv: Program I Activity Program I Activity Budget Reference # Year I (Chartfield 2) Budget Reference # Year I (Chartfield 2) Jesica McEachern (5804) Amount Amount http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33237&councildate=4/22/2025 5/8/2025 M&C Review Page 3 of 3 Ori4inatinp Department Head: Additional Information Contact: Lauren Prieur (6035) Monty Hall (8662) Kelly Porter (7259) ATTACHMENTS 25-103807-1 (AE Southeast Downtown Fort Worth Development Project Sugport)CM-NS.Ddf (CFW Internal) FWLDC-2025-03 Revised Resolution for SE Downtown Work.Ddf (Public) M&C Map SEDowntown ProiectSuDport.Ddf (Public) MC FID Table SOUTHEAST DOWNTOWN PROJECT DEVELOPMENT SUPPORT.xlsx (CFW Internal) ORD.APP 20SOUTHEAST DOWNTOWN PROJECT DEVELOPMENT SUPPORT 30104 AO (R4) (2).docx (Public) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33237&councildate=4/22/2O25 5/8/2025 Arlington High Speed Rail ILA Final Audit Report Created: 2025-05-08 By: Andrea Munoz (Andrea. M unoz@fortworthtexas.gov) Status: Signed Transaction ID: CBJCHBCAABAAkzyQQes_v2i-1FMOWwT2k_IsmZjKarc5 "Arlington High Speed Rail ILA" History Document created by Andrea Munoz (Andrea. Munoz@fortworthtexas.gov) 2025-05-08 - 8:52:25 PM GMT- IP address: 204.10.90.100 2025-05-15 C'. Document emailed to Douglas Black (Douglas.Black@fortworthtexas.gov) for signature 2025-05-08 - 8:56:11 PM GMT 'j Email viewed by Douglas Black(Douglas.Black@fortworthtexas.gov) 2025-05-08 - 8:56:19 PM GMT- IP address: 20.159.64.138 GSo Document e-signed by Douglas Black (Douglas.Black@fortworthtexas.gov) Signature Date: 2025-05-09 - 9:50:56 PM GMT - Time Source: server- IP address: 204.10.90.100 C'. Document emailed to Jesica McEachern Qesica.mceachern@fortworthtexas.gov) for signature 2025-05-09 - 9:50:58 PM GMT Email viewed by Jesica McEachern oesica.mceachern@fortworthtexas.gov) 2025-05-09 - 9:51:05 PM GMT- IP address: 20.159.64.152 �jo Document e-signed by Jesica McEachern Qesica.mceachern@fortworthtexas.gov) Signature Date: 2025-05-15 - 6:26:02 AM GMT - Time Source: server- IP address: 204.10.90.100 r443 Document approval automatically delegated to Katherine Cenicola (Katherine. Cen icola@fortworthtexas.gov) by Ronald Gonzales (Ronald.Gonzales@fortworthtexas.gov) 2025-05-15 - 6:26:04 AM GMT C-► Document emailed to Ronald Gonzales (Ronald.Gonzales@fortworthtexas.gov) for approval 2025-05-15 - 6:26:05 AM GMT C'y Document emailed to Katherine Cenicola (Katherine.Cenicola@fortworthtexas.gov) for approval 2025-05-15 - 6:26:05 AM GMT Email viewed by Katherine Cenicola (Katherine.Cenicola@fortworthtexas.gov) 2025-05-15 - 6:26:16 AM GMT- IP address: 52.244.129.126 FORT WORTH, PON1-d w Adobe Acrobat Sign �o Document approved by Ronald Gonzales (Ronald.Gonzales@fortworthtexas.gov) Approval Date: 2025-05-15-12:49:18 PM GMT - Time Source: server- IP address: 208.184.124.181 Ey Document emailed to Jannette Goodall Oannette.goodall@fortworthtexas.gov) for signature 2025-05-15 - 12:49:20 PM GMT +5 Email viewed by Jannette Goodall Qannette.goodall@fortworthtexas.gov) 2025-05-15 - 12:49:26 PM GMT- IP address: 52.244.179.71 d© Document e-signed by Jannette Goodall Oannette.goodall@fortworthtexas.gov) Signature Date: 2025-05-15 - 1:39:01 PM GMT - Time Source: server- IP address: 208.184.124.181 Agreement completed. 2025-05-15 - 1:39:01 PM GMT FORT WORTHS Powered ev Adobe Acrobat Sign