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HomeMy WebLinkAboutContract 35191FORTWORTH . � � , MEMORANDUM TO THE RECORD: '� � � TO: CONTRACT FILE NO. 35191 DATE: April 11, 2007 FROM: Marty Hendrix, City Secreta�y ���� ��� � � � SUBJECT: REQUEST TO FILE "COPY" OF EXECUTED LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH FOR THREE NEW BRIDGE STRUCTURES ON BU 287P (NORTH MAIN STREET) SH 199 AND WHITE SETTLEMENT ROAD OVER THE NEW BYPASS CHANNEL NEAR THE TRINITY RIVER BACKGROUND The Agreement with the Texas Department of Ti•ansportation (TXDOT) for• Volunta�y Local Government Contributions to Transportation Improvement Projects with No Required Match for three new bridge structures on BU 287P (North Main Street) SH 199 and White Settlement Road over the New Bypass Channel near the Trinity River was not properly processed for attest by the City Secreta�y aiid for the issuance of a Conh�act Number when the one (1) original was executed by Frank C�•umb, Acting Assistant City Manager for Marc Ott, Assistant City Manager and by the City Attorney's Office, Assistant City Attoi-ney Amy Ramsey. This Local Pi•oject Advance Funding Agi•eement was appro,ved by the Fort Woi�th City Council by M& C G21899 on December 19, 2006. The Local Project Advance Funding Agreement was executed with only one original that was sent back to TXDOT and only a copy was kept for the City's official files. AUTHORIZATION FOR CONTRACT NUMBER Per the dii•ection of Assistant City Attorney Amy Ramsey, the City Secretaiy's Office has been requested to issue a contract number and place in the City of Fort Worth's official contract files the attached "copy" of the Local Project Advance Funding Agreement with TXDOT for three new bridge structures on BU 287P (North Main Street) SH 199 and White Settlement Road over the New Bypass Channel near the Trinity River, without the official attest of the City Secretary due to the fact it is a copy and not the original document. This i•equest has been approved and a contract number issued. CITY SECRETARY'S OFFICE THE CITY OF FORT WORTH * IOOO THROCKMORTON STREET * FORT WORTH, Te�c.as 76102 817-392-6150 * F.ax 817-392-6196 .z =r Printed on recycled pnper �B I"Y ����t�iARl� �� I� � �;(�f��i��1 CT �:l� . �� ' ��L ��-�_ THE STATE OF TEXAS THE COUNTY OF TRAVIS § CSJ # 0014-01-022.0171-OS-081 & 0902-48-697 District # 02 Code Chart 64 #15000 Project: BU 287P (N. Main Street), Henderson Street and White Settlement Road at Bypass Channe] to Trinity River in Fort Worth Agreement No. 02-7XXF6011 �OCAL PROJECT ADVANCE FUNDING AGREEMEN7 FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGR�EMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the Texas Qepartment of Transportation, hereinafter called the "State", and the City of Fort Worth, acting by and through its duly authorized officials, hereinafter called the "Lacal Government." WITNESSETH WHEREAS, Texas Transportation Code, Chapter 201 and 222 authorizes the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Texas Government Code Chapter 791 and Texas Transportation Code §201.209 and Chapter 221, authorizes the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 11 a266 authorizes the State ta undertake and complete a highway improvement generally described as construction of thre� L3) new bridqe structures on BU 287P LNorth Main Street) SH 199 and White Settlement Raad over the new Bvpass channef near the Trinit river in Fort Worth; and, WHEREAS, the Local Government has requested that the State allow the l�ocal Government to participate in said improvement by funding that portion of the improvement described as the review of the schematic and environmental documents for the construction of three (3) new bridqe structures on BU 287P (North Main Street�SH 199 and White Settlement Road over the new Bvpass Channel near the Trinit River. Otherwise known as Tr�nit River Vision hereinafter called the "Project"; and, WHEREAS, Transportation Code, §201.209 allows the Stat� to enter into an interlocal agreement with a Local Government; and, WHEREAS, the State has detErmined that such participation is in the best interest of the citizens of the State; NOVV, THEREFORE, in consideration of the premises and of the mutual covenants and agreernents of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follaws: AFA—LPAFA_VolProj Pag� 1 of 5 Revised 2/3/06 CSJ # 0014-01-022,0171-OS-081 & 0902-48-G97 District # 02 Code Chart 64 #15000 Project: BU 287P �N. Main Str•eet), Henderson Street and White Settlement Road at Bvpass Cliannel to Trini� River in Fort Worth Agreement No, 02-7XXF6�11 AGREEM�NT Article 1. Time Period Covered. The period of this LPAFA is as stated in the MAFA, without exception. Article 2. Project Funding and Work Responsibilities. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Locaf Government, at no cost to the State. Article 3. Payment of Funds. 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 GovernmenYs contractual obligations to the State under another advance funding agreement. Article 4. Right of Access. If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Article 5. Adjustments Outside the Project Site. The Local Government will provide for all necessary right-af-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 6. Responsibilities of the Parties. Responsibilities of the Parties will be under the conditions as provided for in the MAFA, without exception. Article 7. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provisian requirements and related documentation in a Microsoft0 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 entity creates the documents with its own forces or by hiring a consultant or prafessional provider. Articl� 8, Inspection and Conduct of Work. Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect a!I work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the AFA—LPAFA_VolProj Page 2 of 5 Revised 2/3/06 CSJ # 0014-01-022, 0171-OS-081 & 0902-43-697 District # 02 Code Chart 64 #15000 Project: BU 287P (N. Main Sti�eet�, Henderson Street aud White Settlement Road at Bypass Channel to Trinitv River in Fort Worth Agreement No, 02-7XXF601 1 sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, al1 work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State, Article 9. Increased Costs. Increased cost will be under the conditions as provided for in the MAFA, withaut exception. Article10. Maintenance. Project Maintenance wilf be under the conditions as provided for in the MAFA, without exception. Article 11. Termination. Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Article 12 Notices. Notices of this LPAFA shall be under the conditions as stated in the MAFA,without exception, Local Government: Robert D. Goode, PE Director of Transportation & Public Warks Citv ofFort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Article 13. Sole Agreement. Sole Agreement of this LPAFA shalf be under the conditions as stated in the MAFA, without exception. Article 14. Successars and Assigns. The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party ta this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 15. Amendments. Amendments to this LPAFA shall be made as described in the MAFA, without exception. Article 16. Incorporation of Master Agreement Provisians. 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 sp�cifically excepted herein. Any conflict between the terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA. Article 17. State Auditar. The state auditor may conduct an audit or investigation of any entity receiving funds from th� 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 auditar, 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 ta the investigation or audit. AFA—LPAFA_VolProj Page 3 of 5 Revised 2/3/06 CSJ # 0014-01-022, 017]-OS-081 & 0902-48-697 District # 02 Code Chart 64 #15000 Project: BU 287P t�1. Main Street). Henderson Street and Whitc Settlement Road at Bypass Channel to Trinity River in Fort Wortli Agreement No. 02-7XXF6011 Article 18. Insurance. lf 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 fu{ly executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types sp�cified on the Certificate of Insuranc� 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 caverage 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. Article 19. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they repr�sent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNM�NT have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Directar 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 heretofor a roved a a t rized by the Texas Transportation Commission. � �L��i^A/J� By �,��. Date / � � 7 District Engin er YHE LOCAL GOVERNMENT ATTEST: \� . ��,��o� Marty Hendrix ! i Ciry Secretary . ,, � �J � C - �I � � �� ► � l �����r Contract Authorization Date: APPROV D AS TO FORM AND LEGALITY: � j '� �- `- .- < �,�--L-�/C Amy F� se Assis#ant City Attorney Date: /� �n "--'� (, AP � ED: � �,t/� �.C��c•�-�i� �, i arc. A �Ott � Assistant City Manager Date: � �'l ����� APPROVAL RECOMMENDE � ��� Robert Goode, P.E. Director, Transportation/Pub{ic Works Department AFA-LPAFA_VolProj Page 4 of 5 Revised 2/3/06 CSJ# 0014-01-022,O171-OS-08l & 0902-48-697 District # 02 Code Chart 64 #15000 Project: BU 287P (N. Main Street), Henderson Street and White Settlement Road at B�pass Channel to 'I'nnity River in Fort Worth Agreement No. 02-7XXF6011 Attachment A Insert a Proj�ct Budget And Description Such As: Project Budget and Descriptian The Local Government will provide 100% of the funding for the State to review of the schematic and environmental documents for the construction of three (3} new bridqe structures on BU 287P (North Main Street) SH 199 and White Settlement Road over the new Bypass Channel near the Trinity River. Otherwise knows a Trinitv River. The State has es#imated the project to be as follows: Description Total Federal State Local Estimate Participation Participation Participation Cost % Cost % Cost % Cost :Plans and�Environmental Document Review Cosi "r -,=: Environmental Review � $5,000 100°/o $5,000 0014-01-022 Schematic Review $10,000 100% $10,000 , 001 A-01-022 � Environmental Review $5,000 100°/o 55,000 0171-05-081 Schematic Review $10,000 100% $10,000 � 0171-05-081 Environmental Review $5,000 100% $5,000 0902-48-697 Sch�matic Review $�p,ppp 100% $�O,Q00 0902-48-697 TOTAL $45,000 $0.00 $0.00 $45,000 Direct State Cost wi{I be based on actual charges. Local Government's Participation (100%) = a 00 This is an estimate only; final participation amounts will be based on actual charges to the project. AFA—IPAFA_VolProj Page � of 5 Revised 2/3/06 A Resolufion NO. 3a41-12-2006 A RESOLUTION AUTHORIZING THE CITY n�ANAGER TO L�CUT� A LOCAL PROJECT ADVANCE FUNDTNG AGREEMENT l�'TTH TI3E TEXAS D�PARTM�NT OF TRANSPQRTATION (TxDOT) FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTTONS TO TRANSPORTATxON IMPROVEMENT PROJECT5 WZTH Iv0 REQUII2ED MATCT� �OR THREE BRIDGE STRUCTURES ON BU 287P (NORTII MAIN STREET) SH 199 AND WHITE SETTL�MENT ROAD OVCR THE NE`V BYPASS CHANNEL NEAR THE TRINITY I21VER WH�R�AS, THF City of Forl Worth ado��ted the Trinity River Vision Mastea• Plan on June 3, 2003; and WI-I�1tEAS, that Plan includes tl�e construction oF tiu-ee bridge structures over the proposed Ti-inity River k�}�pass Channel with some City participation; and �'�'HLREAS, $12.8 Ivlillion of Federal Transportatian Funds have been earniarked far these bridges; �nd WHEREAS, a requiremenl for the use of F'ederal Transportation funds is that schemalic and em�ironmental documei�ts for these bridges be revietiv�d and approved by TxDOT, NOW, THEREFOT2�, BE IT R�SOLVED THAT TH� CITY COUNCIL OF TFTL CITY Or FORT �VORTH, TEXAS: Authorizes the Cit�� Manager to execute a Local Project Advance Funding Agreenient (LPAFA) �vith th� Texas Departn��nt of Transportation for Valuntary Local Government Contributions Co Transportation Improvement Projects witb No Reqtu��ed Match for three new briclge stru�tures on BU 2S7P (North Main Street) SH 199 and Whita Seltlement Road over the New B��pass Ch�nnel near the Triniiy River. PASSED AND AT'PROVED by the City Council of the City of �'orl Wa1h, Texas on this the 19°i day of Decemb�r , 2006, aT�r�s�r; ity Secratar APPRO�JG� CITY CC)l���;il� � � C 1 �J "1006 �n��.�� tty 5eczotaiy ot the :,iC ofE`ortVJoTUi,Toxas ���ir` �� i��tt� �r�i�.�� City of Fort Worth, Texas f�1�yc�r �nd �ouncil ��mmur�ication �� COUNCIL ACi'fON: Approved on 1211912006 - Resoluiion No. 3441-�2-2006 ��: �a � � , � DATE: Tuesday, D�cember 18, 2006 LOG NAM�: ZOTRVBRIDGE�PAFA REFERENCE NO.: **C-Z1899 �UBJ�CT: Adopt a Resolution Authorizing the City Manager to Execute a L.ocal Project Advance Funding Agreement with the Texas Deparfmsnt of 7ransportation for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match for Three New Sridge Structures an BU 287P (North Main Street) SH 199 and White Settlement Road over the New Bypass Channel Near the Trinity River �,�.�.,��.� .�w.�.:�.=_� ��,�Q.�� F2ECOLVIMENDATION: If is recommended that the City Council authorize the City Manager to: 1. Adopt the attached resolution authorizing the Ciiy Manager tq execute a Local Project Advance �unding Agreement (LPAFA) with the 7exas Departmeni of Transportation (TxD07) for Voluntary �.ocal Government Contribuiions to 7ransportation lmprovement Projects with No Raquired PJlatch for three new bridge structures on BU 287P (North Main Street) SH 199 and White Settlement Road ovar the New Bypass Channel near the Triniiy f�iver; and 2. Authorize payment in tha amount of $45,000 to 7xDO�T for thefr review of the sch�matic anci er�vironmental documents for the three bridges according to the LPAFA, DISCUSSION; Over the last several years, the City of Forf Worth, the Tarrant Regional Water Disirici, Streams and Valieys, Inc., and the U,S. Army Corps of Engineers have worked together to p�epare the Trinity River Vision master plan. The plan's geographic scope is 88 miles of the Triniiy F2iv�r corridor, and its pr+mary objectives include floocf control, anhanced recreational opportunities, ecosystem restoration, and economic redevelopment. A central feature of the Trinity River Vision (TR� master plan is the Fort Worth Ceniral City project, also known as the Trinity Uptown Plan. This plan includes construction of a bypass channel and construction of three new bridges over the channel at North Main Street, Nenderson Street {SH 199) and White Setilement Road. The Fort Worth City Gouncil adopted the Trinity River Vision Master Plan on June 3, 20Q3 (M&C G-13989) and included $4.5 million in the 2004 CIP to support the streeUbridga irifrastructure portion of the TRV projecf. On July 11, 2006 City Council authorized the City Manager to �xecute an Engin�ering Services Contract with Turner Coliie and Braden in the amounf of $1,321,750 for the conceptual and schematic bridge design/engineering and environmental analysis for the project (M&C G21560). It is a requirement that TxDOT review and approve the schematic and environmenfal dacuments that are prepared under thi5 contract so that Federal funding can be used for subsequent design and construction phases, The subject LPAFA provides for that review by TxD(�T. This project is focated in CQUNCII. DISTRICTS 2 and 9, MAPSCO 62 Y and Q. i;c�gnam�: 207�RVBRIDGLPAFA Page 1 of 2 F1$CAL INFORMA710NICERTIFICATION: The Finance Director c�rtifies that funds are available in the current capital budget, as appropriated, of ihe Street Improvement fund. TQ Fund/AccountlCentors S_l�_br�jtted for Cify_M�nac�er's Office b}C_ Origi a in _��rtme�.t Head: 't'or�l nformation Confa�t: FRO�f►I. FundlAccouni/C�n�ers C200 541200 2Q923001G430 $45 000.00 Marc Ott (8476) F2obert Goode (7804) Thomas Leuschen (2442) l.,ogname: 20TRVBP�iDGLPAFA 1'age 2 of 2 � � ���� � �� TRANSMITTAL Mr. William C. Riley, P.E. T0: Director of Transportation Planning And Development Texas Department of Transportation P.O. Box 6868 Fort Worth, TX 76115-0868 SUBJECT: CSJ: 0014-01-d22 No. of copies: 2 1 Cp�►J�.�� � MG��, T JAN ° 9 zQo� FROM• Thomas U, Leusche DATE: January 10, 2007 Resolution and Local Project Advance Funding Agreement signed by the Cit of Fort Worth City of Fort Worth check for $45,000 c.L��O�� �� P�/�,q��s 'TRANSPORTATION AND PUBLIC WORKS DEPARTMENT The City of Fort '� 1000 Throckmorton Street * Fort Wortli, Texas 76102 817-392-7800 '� Fax 817-392-8092 �- MEMORANDUM �. Texas Department ol TYensporfatipn TO: Accounting DATE: January 12, 2007 FROM: William C. Riley SUBJECT: Voluntary Local Government Contributions Advance Funding Agreement CSJ: 0014-01-022 Tarrant County A check in the amount of $45,Q00.00 representing a portion of the agency's participation as outlined in the agreement has been received from City of Fort Worth, and is to be deposited in the Local Treasury Rapid Account. Please contact Karen Schluter at (817) 37�-fi804 if you have any questions concerning this matter. ' P. E. , ransportation P�anning andkJe elopment Attachment cc: Emily Anderson, Finance Division City Code: 15000 Entity Type: 4 ytl:K NU. � , � 0021 00 City of Fort Worth �aa3�.�eo� 002�0� Separate Ch cf. �' t ,��•r ��� i.�1E�/pi"�� 0014-01-027 LPAFA, h1 £. COUN-Q � < � �j� �19 � � I I �� � ' {�?�� �� y4 , y� f .. i'rKF� r. I I � � 6 l t � 1 �1 ��� �'fn�!{�� . +� ! I � rt ✓ I i : ��� r�,��s, � ,� � �"�� �s�.y fA���� I �. � � � I I '� _ �j`'.�} � S15 : � II � � tf . ��� � � ,; �,'{ < �''� �� I I _ '� ' �� i 4 �j + � � r . �4�„ � ° A7TACHED CNECK IS IN PAYMENT FOR ITE1dS DESCRIDEOA�OVE. BANK ONE PORT ARTHUR, TEXAS l �4 5, OOO�.ti . ';! i ;� . ';1 � City of Fort Worth Texas PAY Forty Five Thousand Dollars and No Genks 70 THE ORDER OF i�XAS DEPARTMENT OF TRANSPO�TATIOiV P c� E OX 6�6"� FORT WORT}i, TX 76115-086� <•.t , -� , /�C „ y ' I Y�F' T �'Y `I , V O O 0 O r I�� S'. �� .I > n}z \; ci 1 �.� � F L { ,,�`"� $ ��'; '��I'4\��3� ..�,�I }.. `� � + { ,� � n�'�, ��� il � ;`;tl�.�� trY�� �F {? i�z + ; �>.��; '�.I �� � .. � `. � .,I � .�;; �4g,�JQ0.00: . i .s,i = Y- . ti ;� r � ,r i 7 . � ., � CHECK NO. 10021 DO 1002� 00 VOID AFT�R 180 DAYS /'� C3 �;s.; 's ' : � c•; :�,..f PA7E CFiECK AMQUNT �a'�:: 'It7.J�n �C�C17 �45,OiiU.Ol� . `:'.�� � Cid rr .�e. ' ��u- l�R��„� c�;�r a„ou or�ow '�' • . - � :��'L002100�i' �:Lb310L40b�: ��'93i0741779i�' Texas Department of Transpvrtation P.O. BOX 6868 • FORT WORTH, TEXAS 76115-0868 •(817) 370-6500 January 17, 2007 CONTACT: DD-CM Advance Funding Agreement CSJ: 0014-01-022, 0171-05-081 and 0902-48-697 BU 287P (Main Street} Agreement No. 02-7XXF6011 Robert D. Goode, P.E. Director of Transportation & Public Works City of Fort worth 1000 Throckmorton Fort Worth, Texas 76102 Dear Mr. Goode: Attached is one (1) executed original of the Local Transportation Project Advance Funding Agreement between the City of Fort Worth and the State for the above praject. If you have any questions regarding the agreement, please contact Karen Schluter at ($17) 370-8804. Sincerely, 1 {�.E. William C. Riley, P.E. Director af Transportatio Planning and Development Attachments cc: file; Ralph Browne, North Tarrant County Area Office Engineer An Equal Opportunity Employer