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HomeMy WebLinkAboutContract 31572 CITY CONTRACT Np Y ' ��7�--- CSJ: 0081-12-039 Turn Around Bridge at North Tarrant Parkway And IH 35W Tarrant County THE STATE OF TEXAS § THE COUNTY OF TRAVIS § LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) FOR VOLUNTARY TRANSPORTATION IMPROVEMENT PROJECTS (OFF-SYSTEM) THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Fort Worth, acting by and through its City Council, hereinafter called the Local Government. WITNESSETH WHEREAS, Transportation Code, Chapter 201 and Transportation Code, Chapter 221 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, Commission Minute Order Number 85094 authorizes the State to undertake and complete a highway improvement generally described as the review of the schematic and PS&E package for a turn around bridge located on the north side of the North Tarrant Parkway interchange with IH35W ; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as the review of the schematic and the PS&E package for a turn around bridge located on the north side of the North Tarrant Parkway interchange with IH 35W, hereinafter called the "Project"; and, WHEREAS, Transportation Code, §201 .209 allows the State 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; 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, the State and the Local Government do agree as follows: AGREEMENT 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 32 ;irV1) Page 1 of 4 Created 4/13/02 CSJ: 0081-12-039 Turn Around Bridge at North Tarrant Parkway And IH 35W Tarrant County responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. Texas Government Code, Chapter 2106 requires the State to recover indirect costs associated with this agreement as calculated based on prevailing rates specified in the State's Indirect Cost Recovery Program. Article 3. Right of Access. Not Applicable. Article 4. Responsibilities of the Parties. Responsibilities of the Parties will be under the conditions as provided for in the MAFA, without exception. Article 5. 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 entity creates the documents with its own forces or by hiring a consultant or professional provider. Article 6. Interest. Interest will be under the conditions as provided for in the MAFA, without exception. Article 7. 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 all 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 sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all 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 8. Increased Costs. Increased cost will be under the conditions as provided for in the MAFA, without exception. Article 9. Maintenance. Not Applicable. Article 10. Termination. Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Article 11 Notices. Notices of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Local Government: Robert D. Goode, P.E. Director of Transportation & Public Works City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Page 2 of 4 Created 4/13/02. CSJ: 0081-12-039 Turn Around Bridge at North Tarrant Parkway And IH 35W Tarrant County Article 12. Sole Agreement. Sole Agreement of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Article 13. Successors and Assigns. The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 14. Amendments. Amendments to this LPAFA shall be made as described in the MAFA, without exception. Article 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. Article 15. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating andior carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By U � � MariVel P. Chav z, P.E. District Engineer Date -I)q/0 � THE LOCAL GOVERNMENT A TEST: A RO Aria 4 '1� Marc Ott City��o ta�� 01P-W 0 _ /J Assistant City Manager Contract Authorization 1Date: Date: APPROVED AS TO FORM AND LEGALITY: APPROVARECOMMENDED: L Gary Steinber r Robe oode, P.E. Assistant City Attorney Director, Transportation/ _ Public Works Department "! Date: t; Page 3 of 4 reEit6d 4AV02; CSJ: 0081-12-039 Turn Around Bridge at North Tarrant Parkway And IH 35W Tarrant County Attachment A Payment Provisions and Work Responsibilities 1. Payment Provisions The Local Government will provide 100% of the funding for the State to review the schematic and PS&E package for a turn around bridge located on the north side of the North Tarrant Parkway interchange with IH 35W. The amount of funds required is $20,000. Once this agreement is executed, the Local Government will forward a check or warrant made payable to the Texas Department of Transportation in the amount of $20,000. 2. Work Responsibilities The State will review and comment on the schematic and the PS&E package for this project. Page 4 of 4 Created 4/13/02