HomeMy WebLinkAboutContract 33479 CITY SECRETARY -' CSJ # 0014-15-032
CONTRACT NO. —( P District# 02
Code Chart 64 #15000
Project: US 81/287 from 2500 feet
south of Avondale Haslet Road to
Avondale Haslet Road
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS 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, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out,
construct, maintain, and operate a system of streets, roads, and highways that comprise the State
Highway System; and,
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221,
authorize the State to contract with municipalities and political subdivisions; and,
WHEREAS, Commission Minute Order Number 108410 authorizes the State to undertake and
complete a highway improvement generally described as the review of the schematic, NEPA
document and construction plans and specifications for the reconstruction of the northbound US
81/US 287 exit ramp and frontage road from 2500 feet south of Avondale Haslet road to Avondale
Haslet road; 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, NEPA document and construction plans and specifications for the reconstruction of
the northbound US 81/US 287 exit ramp and frontage road from 2500 feet south of Avondale Haslet
road to Avondale Haslet road, hereinafter called the "Project"; 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
This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed, and the State and the Local Government will consider it to be in full force
and effect until the Project described herein has been completed and accepted by all parties or
unless terminated, as hereinafter provided.
AFA-AFA_VoITIP Page 1 of 6 Revised 11/9/05
CSJ# 0014-15-032
District# 02
Code Chart 64 #15000
Project: US 81/287 from 2500 feet
south of Avondale Haslet Road to
Avondale Haslet Road
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 Local
Government, at no cost to the State.
Article 3. 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 4. Adjustments Outside the Project Site
The Local Government will provide for all necessary right-of-way and utility adjustments needed for
performance of the work on sites not owned or to be acquired by the State.
Article 5. Responsibilities of the Parties
The State and the Local Government 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.
Article 6. 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.
Article 7. Interest
The State will not pay interest on funds provided by the Local Government. Funds provided by the
Local Government will be deposited into, and retained in, the State Treasury.
Article 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 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.
AFA-AFA_VoITIP Page 2 of 6 Revised 11/9/05
CSJ # 0014-15-032
District# 02
Code Chart 64 #15000
Project: US 81/287 from 2500 feet
south of Avondale Haslet Road to
Avondale Haslet Road
Article 9. Increased Costs
In the event it is determined that the funding provided by the Local Government will be insufficient to
cover the State's cost for performance of the Local Government's requested work, the Local
Government will pay to the State the additional funds necessary to cover the anticipated additional
cost. The State shall send the Local Government a written notification stating the amount of
additional funding needed and stating the reasons for the needed additional funds. The Local
Government shall pay the funds to the State within 30 days of the written notification, unless
otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the
additional funds, this contract shall be mutually terminated in accord with Article 10 - Termination. If
this is a fixed price agreement as specified in Attachment A, Payment Provision and Work
Responsibilities, this provision shall only apply in the event changed site conditions are discovered or
as mutually agreed upon by the State and the Local Government.
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.
Article 10. Maintenance
Upon completion of the Project, the State will assume responsibility for the maintenance of the
completed Project unless otherwise specified in Attachment A to this agreement.
Article 11. Termination
This agreement may be terminated in the following manner:
♦ by mutual written agreement and consent of both parties;
♦ by either party upon the failure of the other party to fulfill the obligations set forth herein;
♦ by the State if it determines that the performance of the Project is not in the best interest of the
State.
If the agreement is terminated in accordance with the above provisions, the Local Government will be
responsible for the payment of Project costs incurred by the State on behalf of the Local Government
up to the time of termination.
♦ Upon completion of the Project, the State will perform an audit of the Project costs. Any funds
due to the Local Government, the State, or the Federal Government will be promptly paid by
the owing party.
12. 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 or sent by electronic mail, (electronic notice being
permitted to the extent permitted by law but only after a separate written consent of the parties),
addressed to such party at the following addresses:
AFA-AFA_VoITIP Page 3 of 6 Revised 11/9/05
CSJ# 0014-15-032
District# 02
Code Chart 64 #15000
Project: US 81/287 from 2500 feet
south of Avondale Haslet Road to
Avondale Haslet Road
Local Government: State:
Robert D. 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 Fort 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.
Article 13. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between the Local Government and the State, the latest agreement shall take
precedence over the other agreements in matters related to the Project.
Article 14. 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 15. Amendments
By mutual written consent of the parties, this contract may be amended prior to its expiration.
Article 16. State Auditor
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.
Article 17. 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.
Article 18. 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.
AFA-AFA VoITIP Page 4 of 6 Revised 11/9/05
CSJ# 0014-15-032
District# 02
Code Chart 64 #15000
Project: US 81/287 from 2500 feet
south of Avondale Haslet Road to
Avondale Haslet Road
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 and/or carrying out the orders, established policies or work programs
heretofore ap r ved and au o/rize by the Texas Transportation Commission.
By Date
Distri ngine r
THE LOCAL GOVERNMENT
TTEST: PPR ED:
eAA
Marty Hendrix Marc Ott
City Secretary^ I Assistant City Manager
Contract Auth izat' n Date:
Date:
APPROVED WO FOR LITY:
APPRO A R EN ED-
_ L
Amy J. ms Robertoo e, .
Ci
Assistant tto ey Director,Transportation/
Date: Public Works Department
_T �/
AFA-AFA VoITIP Page 5 of 6 Revised 11/9/05
CSJ# 0014-15-032
District# 02
Code Chart 64 #15000
Project: US 81/287 from 2500 feet
south of Avondale Haslet Road to
Avondale Haslet Road
ATTACHMENT A
Insert a Project Budget And Description Such As:
Project Budget and Description
The Local Government will pay for the cost of the review of the schematic, NEPA document and
construction plans and specifications for the reconstruction of the northbound US 81/US 287 exit
ramp and frontage road from 2500 feet south of Avondale Haslet road to Avondale Haslet road.
Based on the funding Category 4A, the Local Government's participation is 100% of the cost of this
particular improvement. The Local Government's estimated cost of this additional work is $15,000,
including construction items, and engineering and contingencies. The State has estimated the project
to be as follows:
Description Total Federal State Local
Estimate Participation Participation Participation
Cost
% Cost % Cost % Cost
CONSTRUCTION COSTS,
Direct State Costs $15,000 0% $0.00 0% $0.00 100% $15,000
(including plan review,
inspection and
oversight)
Indirect State Costs 0% $0.00 0% $0.00 100%
(no local participation
required except for
serviceprojects)
TOTAL $15,000 $0.00 $0.00 $15,000
Direct State Cost will be based on actual charges.
Local Government's Participation (100%) = 1 QO
It is understood that the proposed review will be done by the State and the Local Government will
transmit to the State with the return of this Agreement, executed by the Local Government, a warrant
or check in the amount of $15,000 made payable to the "Texas Department of Transportation" to be
used solely for the cost of review as requested by the Local Government. It is further understood that
the State will include only those items for the review as requested and required by the Local
Government. This is an estimate only, final participation amounts will be based on actual charges to
the project.
AFA-AFA VoITIP Page 6 of 6 Revised 11/9/05
Af Texas Department of Transportation
P.O. BOX 6868 e FORT WORTH, TEXAS 76115-0868•(817) 370-6500
May 1, 2006
CONTACT:DD:CM
IH 20 Frontage Road Reconstruction
CSJ: 0008-13-208
Robert Goode, PE
Director of Transportation/Public Works
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Dear Mr. Goode:
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 Mr. Ralph Browne, PE; North Tarrant County Area Engineer, will
be your day-to-day contact for the development of the PS&E and environmental
documents for this project. He can be reached at (817) 399-4300. All contractual
matters concerning the agreement and the submissions for reimbursement will continue
to be handled by my office.
If additional information is required, please contact the Contract Management Office at
817-370-6804.
Sincerel ,
Karen Sc r
Contract Specialist II
enclosure
cc: file
Ralph Browne, PE; North Tarrant County Area Engineer
An Equal Opportunity Employer
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
o�
COUNCIL ACTION: Approved on 1/19/2006 - Ordinance No. 16766-01-2006
DATE: Thursday, January 19, 2006
LOG NAME: 20AVONDALEHASLE REFERENCE NO.: **C-21252
SUBJECT:
Authorize Execution of a Local Project Advance Funding Agreement with the Texas Department of
Transportation, Adopt Appropriation Ordinance and Authorize Execution of a Advance
Funding Agreement with Legacy Capital Company for the Schematic Design Review of Exit Ramps
Located at Avondale Haslet Road and Highway 287
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept $15,000.00 from Legacy Capital Company and to execute an
Advance Funding Agreement with the Legacy Capital Corporation for the review of a schematic design plan
for exit ramps located at Avondale Haslet Road and Highway 287;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Street Improvements Fund in the amount of$15,000.00;
3. Authorize the City Manager to execute a Local Project Advance Funding Agreement with the Texas
Department of Transportation (TxDOT) in the amount of $15,000.00 for review of the schematic design
plans for exit ramps, as requested by Legacy Capital Company, located at Avondale Haslet Road and
Highway 287; and
4. Authorize payment to TxDOT in the amount of $15,000.00 for review of the schematic design plans for
the project.
DISCUSSION:
Mr. Peter M. Aberg, developer, Legacy Capital Company, is submitting schematic designs for exit ramps
located at Avondale Haslet Road and Highway 287 (Please see attached graphics). The proposed design
includes:
Relocating northbound exit to Avondale Haslet Road approximately 1,000 feet south of the existing
exit ramp;
• Converting frontage road from two-way traffic to one way traffic; and
• Reconstructing gravel frontage road to paved cross section.
Legacy Capital Company has requested that the City submit the plans to the Texas Department of
Transportation (TxDOT) for review. The Texas Transportation Commission Minute Order Number 108410
authorizes TxDOT to review schematic plans and TxDOT to prepare a Local Project Advance Funding
Agreement with the City in the amount of$15,000.00 for review of the plans.
Transportation staff prepared an Advance Funding Agreement with the Legacy Capital Company to
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/4/2006
Page 2 of 2
reimburse the City for cost incurred by the City under its agreement with TxDOT.
The project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendation and adoption of the
attached appropriation ordinance funds will be available in the current capital budget, as appropriated, of
the Street Improvements Fund. The Transportation and Public Works Department will be responsible for
the collection of funds.
TO Fund/Account/Centers FROM Fun d/Accou nt/C enters
$15,000.00 4--) $15,000.00
C115 488100 020115021228 C115 531200 020115021228
C115 531200 020115021228
$15,000.00
Submitted for City Manager's Office b Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Christa Sharpe (8009)
Additional Information Contact: Mark Rauscher (2446)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/4/2006