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HomeMy WebLinkAboutContract 28352-A2 CITY SECRETARY CONTRACT NO,A SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH TRANSPORTATION AUTHORITY FOR DESIGN AND CONSTRUCTION OF NINTH STREET PEDESTRIAN AND STREETSCAPE IMPROVEMENTS WHEREAS on November 26, 2002, the City of Fort Worth ("City"), and the Fort Worth Transportation Authority ("The T") executed an Interlocal Agreement between the City of Fort Worth and the Fort Worth Transportation Authority for the Design and Construction of Ninth Street Pedestrian and Streetscape Improvements (the "ILA"); and WHEREAS the ILA defines the roles and responsibilities related to the funding and management of the Ninth Street Improvements Project; and NOW, THEREFORE, the ILA as amended by the First Amendment shall be further amended by this Second Amendment to reflect the current responsibilities of the parties with the following language: 1. Section 4, "Services Provided by the City," subsection `B" shall be amended to be and read: B. 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 Ninth Street Improvements Project in accordance with the approved design and all pplicable City, State, and Federal laws. OFFICIAL RECORD CITY SECRETARY 2. FT.WORTHS TX Section 6, "Compensation," shall be amended to add subsection "C"to be and read: C. The T shall contribute to the City an additional $10,000 for project costs. D. If the Federal or State Government reimburses a cost that is determined later by the Federal or State Government not to be eligible for reimbursement and u—nds 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 or State Government 3. Section 9, "Termination," shall be amended to be and read: This Agreement may be terminated as follows: A. In the event that Federal or State 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 0 0) days after written notice from the other party, 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 borne by the parties. 4. Except as set forth in this Second Amendment, the ILA is hereby in all things ratified and confirmed as in full force and effect. (Remainder of Page Intentionally Left Blank) Second Amendment to the Interlocal Agreement Between the Fort Worth Transportation Authority and the City of Fort Worth For the Design and Construction of the Ninth Street Improvements—Page 2 EXECUTED in triplicate in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH, TEXAS FORT WORTH TRANSPORTATION AUTHORITY (The T) Fernando Costa Richard L Ruddell Assistant City Manager President/Executive Director Date: S'//O Date: -I y x i-0 APPROVED AS TO FORM ONLY: APPROVED AS TO FORM ONLY: Amy J. R msey Syl is M. Hartless Assistant City Attorney General Counsel City of Fort Worth, Texas Fort Worth Transportation Authority ATTEST: 0000000 aa� City Secretary ��o ° 0�01 0 O pr Contract Authorization C-A354— �� ° ri a Date: _ 1 Zlo1 b�► ��a °;00a°o°o°°°�d �a�r�xp�q,0-Cr OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Second Amendment to the Interlocal Agreement Between the Fort Worth Transportation Authority and the City of Fort Worth For the Design and Construction of the Ninth Street Improvements—Page 3 M&C Review Pagel of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTWORTH COUNCIL ACTION: Approved on 5/26/2009 DATE: 5/26/2009 REFERENCE NO.: **C-23542 LOG NAME: 06HPNINTHILA CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Amendments to City Secretary Contract Nos. 29793 and 28352, Existing Interlocal Agreements with the Fort Worth Transportation Authority, to Specify Roles an( 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 identifie Hyde Park at the intersection of Ninth and Throckmorton Streets as the most promising location for transit plaza. Since 1999, the City, the Fort Worth Transportation Authority (the T), General Service! Administration and Downtown Fort Worth, Inc., have worked together to secure funding and to desig 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 Manage 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 assignmer of those responsibilities was tentative at such an early stage. The proposed amendments will clarify that the City will advertise, award and manage the constructio 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 equal 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. The projects are located in COUNCIL DISTRICT 9. file://G:\Comprehensive Planning\Hyde Park and Ninth Street\Project Management\M&C... 03/15/2010 PA&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/AccounVCenters FROM Fund/AccounVCenters Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Susan Alanis (8180) Additional Information Contact: Becky Pils (7645) ATTACHMENTS MC.HP_NINTH LOCATION._MAP.pdf file://G:\Comprehensive Planning\Hyde Park and Ninth Street\Project Management\M&C... 03/15/2010 Fort Worth Transportation Authority Date: April 16,2009 • Reference No: 2007 • n' the • �9. Executive ttee Action. Subject: Amendments to Hyde Park Transit Plaza and Ninth Street Improvements Interlocal Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BACKGROUND The T and the City of Fort Worth (City) are working together toward the development of Hyde Park Transit Plaza in Downtown Fort Worth. This transit-oriented public space was originally conceptualized in 1999 by consultants studying the design of the Intermodal Transportation Center at Ninth and Jones Streets. Hyde Park Transit Plaza will serve bus passengers traveling to and from south Downtown Fort Worth. This attractive and functional transit-oriented public space also helps attract new transit riders while providing attractive and multifunctional gathering places for downtown workers,residents, and visitors. In 2002, The T staff was authorized by the Board to enter into an Interlocal Agreement (ILA) with the City of Fort Worth for Hyde Park Transit Plaza Project and Ninth Street Improvements. The ILA specifically outlined the design process, activities related to property acquisition, and preliminary plans for construction management. Since the ILA in 2002, Phase 1 Conceptual Design and Design Development, Phase 2 Final Engineering, and construction documents have been completed. Due to several updates to the project and the City's relationship with TxDOT, the Hyde Park Transit Plaza ILA and Ninth Street ILA are being amended and restated to allow the City to secure the construction contractor for both the Hyde Park Transit Plaza and Ninth Street projects. Both the Hyde Park Transit Plaza and Ninth Street Improvement projects are scheduled to begin construction simultaneously in June 2009. LEGAL The T's General Counsel has reviewed this item and has found it to be in compliance with all laws and regulations. The Interlocal Agreement may be amended and restated subject to legal review. FINANCING Hyde Park Transit Plaza and Ninth Street Improvements are included in The T's FY09 Capital Budget. Hyde Park Transit Plaza is 80%funded through a grant administered by the Federal Transit Administration. The City of Fort Worth and The T share the local matching funds equally(10 percent each). The Ninth Street Improvements are funded through the City in a TxDOT grant; The T shares in the local match of this project as well. RECOMMENDATION Disposition by Board of Directors Secretary Approval. Date: It is recommended that The T's Board of Directors authorize the President/Executive Director to amend the existing Interlocal Agreements with the City of Fort Worth to specify roles and responsibilities during construction of the Hyde Park Transit Plaza and Ninth Street Improvements. Disposition by Board of Directors Secretary Approval: Date: