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HomeMy WebLinkAboutContract 34067 CSJ#0902-48-656 and 657_ District#02 CiT)` SECRETARY Code Chart 64 #15000 CONTRACT NO. -24-0-0. Project: Signal Integration and Monitoring Phase H Agreement# 02-180 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A STP-MM Project (On and Off System) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Fort Worth, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement Governing Local Transportation Project Advance Funding Agreements (MAFA) between the Local Government and the State has been adopted, effective Auqust 28, 2000, and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 107737 that provides for the development of, and funding for, the project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the MAFA, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. 3. Amendments to this LPAFA shall be made as described in the MAFA, without exception. 4. Scope of Work The scope of work is described as the replacement of the existing controllers and cabinets with new 170 controllers in Model 332 cabinets. Installation of GPS and WMV clo various colors, signal sections (housings only) and backplates. See Attachm ,�y� mr�mu�r Iii locations V ,v'i .�'�r� �u CI 5. Right of Way and Real Property shall be acquired under one of the followingrc�—W.'"' MOO either a. or b.): . a. Purchase by the State. Acquisition of right of way shall be the responsibility of the State, as stated in the MAFA, without exception, unless otherwise provided in Special Provisions and/or AFA—LPAFA_OnSys Page 1 of 8 Revised 2/2/06 CSJ# 0902-48-656 and 657 District# 02 Code Chart 64#15000 Project: Signal Integration and Monitoring Phase H Agreement# 02-180 Attachment C. A warrant or check in the amount of the Local Government's estimated participation as reflected in Attachment C, shall be made payable to the Texas Department of Transportation and transmitted to the State prior to release of the Project by Right of Way Division, or within thirty (30) days from receipt of the State's written notification, whichever is earlier. OR b. X_ Purchase by the Local Government for the State. Acquisition of right of way shall be the responsibility of the Local Government, as stated in the MAFA, without exception, unless otherwise provided in Special Provisions and/or Attachment C. 6. Donations of real property may be credited to the Local Government's funding obligation for cost of right of way to be acquired for this project. This section shall apply only to projects for which there is no federal financial assistance and for which the State is responsible for acquisition of the right of way. Credit for all real property, other than property which is already dedicated and/or in use as a public road, donated by the Local Government to the State shall be based on the property's fair market value established as of the effective date of this LPAFA. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. Such documentation shall include an appraisal of the property by a qualified appraiser, unless the Local Government determines that an appraisal is unnecessary because the valuation problem is uncomplicated and the fair market value is estimated at no more than $10,000.00. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; provided however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. Credit shall be given only for property transferred at no cost to the State after the effective date of this LPAFA and the State's issuance of a letter of funding authority, and only for property which is necessary to complete this project. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under this LPAFA, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. In the event the Local Government's monetary contributions to the State for acquisition of right of way, when added to its donation credits, exceed the Local Government's matching share of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money. 7. Adjustment of eligible utilities and payment of costs associated with such adjustment shall be provided by the State (or) X Local Government (check the applicable party) and shall be in accordance with provisions set forth in the MAFA. 8. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. AFA—LPAFA—OnSys Page 2 of 8 Revised 2/2/06 CSJ# 0902-48-656 and 657 District# 02 Code Chart 64 #15000 Project: Signal Integration and Monitoring Phase II Agreement# 02-180 9. Compliance with Texas Accessibility Standards and ADA will be as stated in the MAFA, without exception. 10. Architectural and Engineering Services will be provided by the Local Government, as stated in the MAFA , without exception. The Local Government is responsible for performance of any required architectural or preliminary engineering work. The State may review and comment on the work as required to accomplish the public purposes of the State. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 11. Construction Responsibilities will be carried out by the Local Government, as stated in the MAFA, without exception. Improvements will be designed to meet, at the minimum, AASHTO standards. Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBE's), ADA, and environmental matters. 12. Project Maintenance will be undertaken as provided for in the MAFA, without exception. 13. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Government's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. All right of way Project cost overruns shall be shared in the same cost participation ratios as apply under this agreement to the applicable cost category. Other overruns are as stated in the MAFA. d. The State, without cost to the Local Government, will do the necessary preliminary engineering. For purposes of this agreement, preliminary engineering includes design schematics, property descriptions, parcel plats and right of way maps. e. Unless otherwise provided for in this agreement, payment is as stated in the MAFA. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. f. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. AFA—LPAFA_OnSys Page 3 of 8 Revised 2/2/06 CSJ # 0902-48-656 and 657 District # 02 Code Chart 64 #15000 Project: Signal Integration and Monitoring Phase II Agreement # 02-180 g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. h. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 14. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 15. Incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. Any conflict between the terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA. 16. Insurance. If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 17. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. 18. Special Provisions. _N/A AFA—LPAFA—OnSys Page 4 of 8 Revised 2/2/06 CSJ#0902-48-656 and 657_ District#02 Code Chart 64 #15000 Project: Signal Integration and Monitoring Phase H Agreement# 02-180 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT ATTEST: R D: Marty Hendrix NYarc O 9-1 ty ecret ry Assistant City Manager Contract tl�or zati Date: O Date: `�r 17` �a \l APPROVED AS TO FORM AND LEGALITY: APPROVAL RECOMMENDED: Am Ram Robert Goode, P.E. Assists ity ttorney Director, Transportation/ Public Works Department Date: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: 2v� *Director Mulle i of Contract Services Section Office of General Counsel Texas Department of Transportation Date: / ` OD CITY AFA—LPAFA OnSys Page 5 of 8 Revised 2/2/06 CSJ#0902-48-656 and 657_ District#02 Code Chart 64#15000 Project: Signal Integration and Monitoring Phase H Agreement#02-1 80 ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA OFFICIJAII REND , fua AFA—LPAFA—OnSys Page 6 Of 8 Revised 2/2/06 A Resolution NO. 3378-07-2006 A RESOLUTION AUTHORIZING THE EXECUTION OF A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DIVISION OF COSTS AND RESPONSIBILITIES ASSOCIATED WITH THE IMPLEMENTATION OF THOROUGHFARE ASSESSMENT PROGRAM,PHASE 2.0 WHERE AS, the Transportation Equity Act for the 21" Century established a Surface Transportation Program/Metropolitan Mobility ("STP-MM") program to address transportation needs within metropolitan area boundaries with urbanized area populations of 200,000 or greater;and WHEREAS, the improvement of traffic signal timing along regional arterials is the goal the Thoroughfare Assessment Program and has been selected as a STP-MM project by the Regional Transportation Council of the North Central Texas Council of Governments; and WHEREAS, the City of Fort Worth desires to enter into a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation for the division of costs and responsibilities associated with the implementation of the Thoroughfare Assessment Program Phase 2.0. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: authorizes the City Manager, or his designee,to execute a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation to share the costs and responsibilities associated with the implementation of the Thoroughfare Assessment Program, Phase 2.0, in the City of Fort Worth. . PASSED AND APPROVED by the City Council of the City of Fort Worth, Texas on this the l ltt` day of .Tule , 2006. ATTEST, : f��f City Secretary � 1 'l 'rE- 0c; w i CITU or ranT umavu CSJ#0902-48-656 and 657 District#02 Code Chart 64#15000 Project: Signal Integration and Monitoring Phase II Agreement# 02-180 ATTACHMENT B PROJECT LOCATION MAP Aw � , r + i r t� k� 1U -x :01 El 41 11 AFA—LPAFA OnSys Page 7 Of 8 Revised 2!2!06 0 v V ao W....: N M LO O N r r S13013 MMM PPV � ,- M N Ln ;no °f -oBue43 pulgeD r r M Jo/pue Jolloj;uoo Bu!w!1leu6lS r N r M M - A 0 F- n we;sAS-jjo r Y � O (n W8)1SAs`-UQ O ^r .- Cl) :r r LO .- ao o L—"00-=U X3. O �0 M! 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BOX 6868• FORT WORTH,TEXAS 76115-0868• (817) 370-6500 October 2, 2006 CONTACT:DD:CM Signal Integration & Monitoring CSJ: 0902-48-656 and 0902-48-657 Mark Mathis, PE City of Fort Worth Traffic Services Manager Transportation and Public Works Department 5001 James Ave. Fort Worth, Texas 76115 Dear Mr. Mathis: Attached, for your files, is one fully executed original of the Local Transportation Project Advance Funding Agreement between the City and the State for the above project. Please be advised that Ms. Theresa Lopez, PE; Interim Director of Operations, will be your day-to-day contact for this project. She can be reached at (817) 370-6788. All contractual matters concerning the agreement will continue to be handled by my office. If additional information is required, please contact the Contract Management Office at 817-370-6804. Sincerely, CEJ Karen Schluter Contract Specialist III enclosure cc: file Theresa Lopez, PE; Asst. Director of Operations An Equal Opportunity Employer City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/11/2006 - Resolution No. 3378-07-2006 DATE: Tuesday, July 11, 2006 LOG NAME: 2002TXDOTTAP2 REFERENCE NO.: **C-21544 SUBJECT: Adopt a Resolution Authorizing Execution of a Local Project Advance Funding Agreement with Texas Department of Transportation for Implementation of Phase 2.0 of Thoroughfare Assessment Program RECOMMENDATION: It is recommended that the City Council: 1. Adopt a Resolution authorizing the execution of a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for the implementation of Phase 2.0 of the Thoroughfare Assessment Program (TAP); 2. Authorize the City Manager to execute the LPAFA with TxDOT for TAP Phase 2.0; and 3. Authorize payment to TxDOT in the amount of$8,231.00 for TAP Phase 2.0. DISCUSSION: On August 30, 2005, Council authorized the payment for professional services and data collection local match under TAP Phase 2.0. TAP is a multi-phased program that the North Central Council of Governments (NCTCOG) staff is implementing to improve air quality through traffic signal retiming and minor traffic signal operational improvements. Phase 2.0 includes developing new traffic signal timing plans for East Belknap Street, Camp Bowie West Boulevard, Alta Mere Boulevard and Bryant Irvin Boulevard. The new timing plans were completed by the consultant team this past October. However, in order to complete the operational improvements recommended by the consultant team, a LPAFA with TxDOT must be executed. This LPAFA will establish the agreement for City staff to acquire equipment such as GPS clocks, new controller cabinets, etc. Although the City's local match share for equipment is only $8,231.00, TxDOT requires a resolution for inclusion in the agreement. Once TxDOT has accepted and executed the agreement, staff will begin final implementation of the operational improvements as recommended in the consultant's final report. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Light& Signal Improvements Funds. Logname: 60SOUTHWEST Page 1 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers C201 539120 203720000780 $8,231.00 Submitted for City Manager's Office by: Marc Ott(6122) Originating Department Head: Robert Goode (7804) Additional Information Contact: Mark Mathis (7861) Logname: 60SOUTHWEST Page 2 of 2