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Home My WebLink AboutResolution 2986 A Resolution NO '/~ 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 ~ ~ ~~, 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 f 2003 Adopted this _______ day o ______ GC. -- - ---- -------------------------- ~~: ~~~, GlOrla Pearson, City Secretary r ~,~ ~ ~" r., ::,...# AP`~ROVED AS TO~FORM AND LEGALITY ,~ +s +11.~ ~%y Gary Steinberger Assistant City Attorney ~PP~f~V~D CITY COUNCIL au~ 19 zo~3 ~~~~ ~~~~~ o~. ~ • Texas P O BOX 6868 FORT WORTH, TEXAS 76115-0868 (817) 370-6500 July 28 2003 CONTACT DD-CM Maintenance Agreement CSJ 1068-01 187 Lancaster Avenue From Henderson Street to Jones Tarrant County Robert D Goode P E. Director of Transportation City of Fort Worth 1000 Throckmorton Fort Worth Texas 76102 Dear Mr Goode Department of Transportation & Public Works Attached are two (2) originals of the Advance Funding Agreement for Voluntary Maintenance by a Local Government between the City of Fort Worth and the State for the above project. This Agreement, once executed authorizes the City to maintain Lancaster Avenue from Henderson Street to Jones This agreement also requires the City to agree to the following • To certify that all utilities are clear for the reconstruction of the roadway • B~e responsible for any utility adjustment costs that result from conflicts with the proposed construction • 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 Please execute both originals of the agreement and return them to the Fort Worth District for further handling If you have any questions concerning this agreement, please contact Joel H Mallard at (817) 370-6591 Sincerely ..~~ ~ ~~= ~,~ ~ ~tr • Charles L. Conrad P E Director of Transportation Planning and Development Attachments An Equal Opportunity Employer ,; . .STATE OF TEXAS § COUNTY OF TRAVIS § 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 CSJ 1068-01 187 Project Name Lancaster Avenue from Henderson Street to Jones Funding Categories 7 & 10 County Tarrant 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. to certify that all utilities are cle struction Will be responsible for any utility adjustment costs that result from conflicts with the proposed construction. AFA - AFA_VoIMntLG Page 1 of 4 Rev 8/15/02 °' 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: Robert Goode, P.E. Director of Transportation & Public Works City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 State Maribel P Chavez, P.E District Engineer Texas Department of Transportation P O Box 6868 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 `'~ 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 ATTEST Gloria Pearson City Secretary APPROVED' Marc Ott Assistant City Manager Contract Authorization Date APPROVED AT TO FORM AND LEGALITY Gary Steinberger Assistant City Attorney Date • Date APPROVAL RECOMMENDED• Robert Goode P E Director Transportation/ Public Works Department AFA - AFA_VoIMntLG Page 3 of 4 Rev 8/15/02 ~-~ ~ le 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 John Joaquin Interim Director Contract Services Section Date i AFA - AFA_VoIMntLG Page 4 of 4 Rev 8/15/02 ,.,~ ',~ ~~. t j .~ Ix-3sw t i ~~P ~ i! "~ I .~`,,. ~ -' ir~a r ~ ~ ~ -' ` ~r _ 4 ' /~ ,J 1 r;, '~. l ~~ s& ,~.' tS ~~: F ~ _, f ' :: 5 t F ~.' ~fJ a^.;- sue: MAIN STREET F.. a 4 ~"r'S,f . . i ., R W r ~ ~~~, E_!. : ~ ~ :: "~' ~ ~ -`~ r ~-- , ~ Q r- ~"~ j p.,.{ W H ~ '~~ ~ ~ ~-~i ~ ~ ~- ~ 1;~~~_ I ~ ~~Y rT, r l I f ~ ~i 1~ O _ ~~~. H ~~~~~ ,:~.~t~ JENNINGS AVENUE Z U - ~r ~ ._.~.,~, -- f ~1 ~,~ xr ~ ~' ~ :`~ ILL - ~ l ~ s, t "`as ~ -. i' _ ~ a ~ I A Y z~ F~ .,;y3 z~ ro K `' `a~. ~K , ~ ~ ~ 3 xy ,-~'~~ ~ ~ nom. HENDERSONSTREET