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HomeMy WebLinkAboutContract 29279 ,ORIGINALI CSJ: 1068-01-187 Project Name: Lancaster Avenue from Henderson Street to Jones Funding Categories: 7 & 10 County: Tarrant STATE OF TEXAS § CITY SECRETARY �}(� Csn4rae.f /Va. oa4/b4 COUNTY OF TRAVIS § CONTRACT NO. c�C QJ 09-11 -03 PO4 : 35 IN ADVANCE FUNDING AGREEMENT FOR VOLUNTARY MAINTENANCE BY A LOCAL GOVERNMENT (ON-SYSTEM) THIS AGREEMENT (the Agreement) 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, Texas Transportation Code, §201.103 and §222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, Transportation Code, §201.209 allows the State to enter into an interlocal agreement with a Local Government; and, WHEREAS, Texas Transportation Code, §221.002 provides that the Governing Body of a Municipality) may enter into an agreement with the Texas Transportation Commission for the improvement by the Local Government of the state highway system, including maintenance; WHEREAS, the Local Government desires to maintain Lancaster Avenue from Henderson Street to Jones Street, a distance of 0.73 miles; and WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution, attached hereto and made a part hereof as Attachment A, for maintenance of the Project that is identified in the location map shown as Attachment B; 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, it is agreed as follows: AGREEMENT 1. Period of the Agreement. This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect unless terminated as provided below. 2. Scope of Work. The Local Government agrees to the following: • Upon execution of this agreement, the Local Government agrees to maintain Lancaster Avenue from Henderson Street to Jones Street, a distance of 0.73 miles. • Agrees to certify that all utilities are clear for the reconstruction of the roadwa . • Will be responsible for any utility admustment costs that result from conflict h construction. I _.- CITY E AFA—AFA VoIMntLG Page 1 of 4 ��ev. /1^�5/ 2 s �ti ' CSJ: 1068-01-187 Project Name: Lancaster Avenue from Henderson Street to Jones • Will be responsible for any contractor claims that may result from delays or increased costs as a result of utility conflicts during the proposed construction of the roadway. 3. Termination of this Agreement. This Agreement shall remain in effect unless: a. the Agreement is terminated in writing with the mutual consent of the parties, or; b. because of a breach of this Agreement. Any cost incurred due to a breach of contract shall be paid by the breaching party. c. by the State if it determines that the performance of the Project is not in the best interest of the State. 4. Amendments. Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 5. Remedies. The State will notify the Local Government, in writing, if the State determines that the Local Government is not maintaining the Project in accordance with this agreement. The Local Government will have thirty (30) days to cure. If the non-compliance is not cured within 30 days, the State will perform the maintenance and the Local Government will be responsible for that cost. This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 6. Compliance with Texas Accessibility Standards and ADA. The Local Government shall ensure that maintenance is in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 7. Notices. All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Local Government: State: Robert Goode, P.E. Maribel P. Chavez, P.E. Director of Transportation& Public Works District Engineer City of Fort Worth Texas Department of Transportation 1000 Throckmorton P.O. Box 6868 Fort Worth, Texas 76102 Forth Worth, Texas 76115 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 8. Legal Construction. This document does not convey any real property interests. In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other AFA—AFA—VoIMntLG Page 2 of 4 Rev.8/15/02 4° CSJ: 1068-01-187 Project Name: Lancaster Avenue from Henderson Street to Jones provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 9. Responsibilities of the Parties. The parties agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. The parties expressly agree that this project is not a joint venture or enterprise. However, if a court should find that the parties are engaged in a joint venture or enterprise, then the Local Government agrees to pay any liability adjudicated against the State for acts and deeds of the Local Government, its employees or agents during the performance of this Project, including attorney fees which may be incurred in litigation or otherwise resisting said claim or liabilities. 10.Compliance with Laws. The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 11.Sole Agreement. This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 12.Signatory Warranty. The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT s ATTES M. % 2 Gloria Pearson Marc Ott City Secretary Assistant City Manager Contract Authorization Date: Date: APPROVED AT TO FORM AND LEGALITY: APPROVAL RECOMMENDED: Gary Steinberger obert Goode, P.E. Assistant City Attorn Director, Transportation/ Public Works Department Date: Contract Authorization dr C) FT. 'Offl, TEX. Date AFA—AFA VolMntLG Page 3 of 4 Rev.8/15/02 CSJ: 1068-01-187 Project Name: Lancaster Avenue from Henderson Street to Jones 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. / Janice Mullenix Director of Contract Services Office of General Counsel TO'/S Date AFA—AFA VoIMntLG Page 4 of 4 Rev.8/15/02 CSJ: 1068-01-187 Project Name: Lancaster Avenue from Henderson Street to Jones Attachment A Resolution A Resolution NO. 2986 APPROVAL OF MAINTENANCE AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR LANCASTER AVENUE FROM IH-35W TO JONES STREET WHEREAS, on February 12, 2002 (M&C C-18962), the City Council approved the Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation for a Surface Transportation Program/Metropolitan Mobility (STP-MM) Project for Lancaster Avenue from IH-35W to Henderson Street; and WHEREAS, the City's scope of work for the Maintenance Agreement consists of the following: • Maintain Lancaster Avenue from Henderson Street to Jones Street, a distance of 0.73 miles. • Certify that all utilities are clear for the reconstruction of the roadway. • Responsibility for any utility adjustment costs that result from conflicts with the proposed construction. • Responsibility for any contractor claims that may result from delays or increased costs as a result of utility conflicts during the proposed construction of the roadway. CITY or raft P 'WORTM NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That the City Council authorizes the City Manager to execute a Maintenance Agreement with the Texas Department of Transportation for Lancaster Avenue from IH-35W to Jones Street. Adopted this day of 2003. Mayor Mike oncr* f 6L. Gloria Pearson, City Secretary APPROVED AS TO FORM AND LEGALITY: Gary Steinberger, Assistant City Attorney APPROVED CITY COUNCIL AUG 19 2003 Gi 0 orf. Orth,TOE" cxvv or raver wonrit CSJ: 1068-01-187 Project Name: Lancaster Avenue from Henderson Street to Jones ATTACHMENT B Location Map Showing Project 1 ATTACHMENT B PROJECT LOCATION MAP + ,�i'1 �i'� ' f—li�•..�'_ �`?���� ':�� �+�I �IY=�CIE� ��, \� � � \ ..,,. j \tt`3�Lf�s \� j + . �I LANCASTER AVENUE .......... n ,a r ,.a ru•-+rm r..-i— '� i='�'---A��r� ''. ,�+S. LTG tRa+f � i; �?G' �+�S'�.�"ni1,���'E� i-F , �tr J�Y> .7� +v.tSjt �Yv�i ,.C7?;J t� + e 1 r F� �� 4i 't�+-�1 I • - ---'— s 3 ..+ © ! Y•j y �•r� G� 4a y + " tsJ art.' 7 H y ci M LANCASTER AVENUE REDEVELOPMENT I City of Fort Worth, Texas "elgor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/19/03 **C-19715 20LANCASTER 1 of 3 SUBJECT APPROVAL OF MAINTENANCE AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR LANCASTER AVENUE FROM IH-35W TO JONES STREET RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution authorizing the execution of the Maintenance Agreement with the Texas Department of Transportation (TxDOT) for Lancaster Avenue from IH-35W to Jones Street; and 2. Authorize the City Manager to execute the attached Maintenance Agreement with TxDOT for the City to: • Maintain Lancaster Avenue from IH-35W to Jones Street; and • Clear all utilities for the reconstruction of the roadway; and • Be responsible for any utility adjustment costs that result from conflicts with the proposed construction; and • Be responsible for any contractor claims that may result from delays or increased costs as a result of utility conflicts during the proposed construction of the roadway. DISCUSSION: It is recommended that the City Council authorize the City Manager to execute a specific Maintenance Agreement with TxDOT for street maintenance on Lancaster Avenue from IH-35W to Jones Street. This agreement will allow the City to repair the roadway in compliance with the current pavement repair standards after the City replaces the water and sewer utilities. The other commitments in the agreement's subsections b), c), and d) are previous obligations under earlier agreements. The water and sewer relocations are scheduled for completion in May 2004, and TxDOT's letting of the roadway project is scheduled for Summer 2004. The purpose of this agreement is to allow the City to advance the water and sewer relocation and related improvements using its design standards and contracting procedures. Since utility relocation has been a significant problem in past projects, additional efforts and more advance planning with the private utilities have been underway with the City utility contract. This agreement would allow the City to complete water and sewer improvements prior to the street construction being awarded by TxDOT. BACKGROUND On February 15, 2000 (M&C C-17866), the City Council authorized the City Manager to execute a contract in the amount of$1,093,500 with EDAW, Inc., in association with Gideon Toal, for the redesign of Lancaster Avenue from IH-35W to Henderson Street and related street improvements (City Secretary Contract No. 25669). City of Fort Worth, Texas "Cagoir and j C,ommun�cat�on DATE REFERENCE NUMBER LOG NAME PAGE 8/19/03 **C-19715 1 20LANCASTER 2 of 3 SUBJECT APPROVAL OF MAINTENANCE AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR LANCASTER AVENUE FROM IH-35W TO JONES STREET On August 1, 2000 (M&C C-18169), the City Council authorized the City Manager to execute an amendment to City Secretary Contract No. 25669 with EDAW, Inc. in the amount of $24,000 for additional urban design and traffic engineering services, for a total contract amount of$1,117,500. On April 12, 2001, the Regional Transportation Council (RTC) of the North Central Texas Council of Governments approved this project under the Surface Transportation Program/Metropolitan Mobility (STP-MM) Program. On July 31, 2001 (M&C C-18689), the City Council accepted the Lancaster Project Phase One (Planning and Urban Design) report and authorized the City Manager to proceed to Phase Two of the project (Engineering). EDAW, Inc. was paid $422,000 for Phase One services. The City Council also authorized the City Manager to execute Amendment No. 2 with EDAW, Inc. for an additional $22,000 for an environmental assessment in accordance with federal and state procedures. EDAW, Inc. has been paid $282,558 for work completed on these services, leaving a remaining amount of$434,942 for Phase Two. On February 12, 2002 (M&C C-18962), the City Council approved the Local Transportation Project Advance Funding Agreement (LTPAFA) with TxDOT for a Surface Transportation Program/ Metropolitan Mobility Project for Lancaster Avenue from IH-35W to Henderson Street. Also, on February 12, 2002 (M&C C-18963), the City Council canceled the remainder of the Phase Two portion of City Secretary Contract No. 25669 with EDAW, Inc., in association with Gideon Toal, which had a contract balance of $434,942. The City Council also authorized the City Manager to enter into a new contract with EDAW, Inc. in association with other engineering and planning firms for urban design and engineering services in the amount of $1,318,284, whereby state and federal funds could be used for engineering services. On June 4, 2002 (M&C G-13634), the City Council authorized the City Manager to accept a Transportation and Community and System Preservation (TCSP) grant from the Federal Highway Administration in the amount of$1,486,961. The total estimated cost of the project is $16,459,000. The federal STP-MM participation is $10,568,000; the federal TCSP participation is $1,486,961; the state's participation is $2,354,000; and the City's share is $2,050,039 plus any costs for utility adjustments, environmental mitigation and any funding required in excess of the federal and state shares. The LTPAFA detailed the responsibilities of both the City and TxDOT in the development of the project. The City is responsible for the design of the project, securing any needed rights-of-way, adjusting or relocating utilities, and identification and assessment of any environmental mitigation associated with the project. TxDOT will advertise, award, and inspect construction of the project. In the agreement, the scope of work consists of the following: City of Fort Worth, Texas "a."Orr And izou"Cit communication DATE REFERENCE NUMBER LOG NAME PAGE 8/19/03 **C-19715 20LANCASTER 3 of 3 SUBJECT APPROVAL OF MAINTENANCE AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR LANCASTER AVENUE FROM IH-35W TO JONES STREET • Reconstruction of Lancaster Avenue from IH-35W to Henderson Street; and • Reconstruction of the Main Street underpass of the Union Pacific Railroad from Commerce Street to Vickery Boulevard; and • Reconstruction of the Jennings Avenue underpass of the Union Pacific Railroad from Lancaster Avenue to Vickery Boulevard; and • Extension of Hemphill Street from Vickery Boulevard to Lamar Street/Taylor Street (preliminary design only). FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no immediate material effect on City funds. MO:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Marc Ott 8476 Originating Department Head: Robert Goode 7804 (from) APPROVED 08/19103 RESOLUTION NO.2986 Additional Information Contact: Robert Goode 7804