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HomeMy WebLinkAboutContract 26990 ~ CITY SECRETARY CONTRACT NO. _ Agreement No. 2000-SH 199-01 County: Tarrant CSJ: 0171--03-056 ADVANCE FUNDING AGREEMENT FOR STANDARD 0171-04-062 HIGHWAY PROJECTS (ON-SYSTEM) THE STATE OF TEXAS § THE COUNTY OF TRAVIS § 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 Outside Entity. WITNESSETH WHEREAS, Transportation Code §201 et.seq. and Transportation Code §221.001 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, Commission Minute Order Number 85094 authorizes the State to undertake and complete a highway improvement generally described as providing one-half('/2) of the finding for the installation of traffic signals, by the Outside Entity, located on SH 199, (,see list in Attachment A); and, WHEREAS, the Outside Entity has requested that the State participate in said improvement by funding one half('/i) of the findings for the installation of traffic signals, by the Outside Entity, located on SH 199, (see list in Attachment A) herein after called the "Project"; and, WHEREAS, the State has determined that providing one-half('/2) the finding 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 Outside Entity do agree as follows: WICNAL RECORD �� � @115Wi,1U11! 9L AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement frilly executed, and the State and the Outside Entity 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. Article 2. Project Funding The State will authorize performance of only those Project items of work which the State has requested and has agreed to pay for as described in Payment Provision and Work Responsibilities, Attachment A, which is attached to and made a part of this contract. In addition to identifying those items of work paid for by the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the State and will be carried out and completed by the State, at no cost to the Outside Entity. Article 3. Termination This agreement may be terminated in the following manner: ♦ 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 performance of the Project is not in the best interests of the State. If the contract is terminated in accordance with the above provisions, the State will be responsible for the payment of one-half(i/2) of the Project costs incurred by the Outside Entity up to the time of termination. Article 4. Right of Access The State shall permit the Outside Entity or its authorized representative access to the site to perform any activities required to execute the work. Article 5. Responsibilities of the Parties The Outside Entity acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. Article 6. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the local Outside Entity and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 7. Successors and Assigns The State and the Outside Entity 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 8. Amendments By mutual written consent of the parties, this contract may be amended prior to the expiration of this contract. Article 9. Interest Not Applicable Article 10. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the construction is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be sole responsibility of the Outside Entity. 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 11. Increased Costs In the event it is determined that the funding provided by the State will be insufficient to cover the Outside Entity's cost for performance of the work, the State will pay to the Outside Entity any additional funding necessary to cover one-half(%z) of the anticipated additional cost. The Outside Entity shall send the State a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The State shall pay the funds to the Outside Entity within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement: If the State cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 3 - 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 Outside Entity. Article 12. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the entity they represent. IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Certified as being executed 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 under the authority of Minute Order 100002. BY-5Z—E5— '— Date Z� District Engineer THE OUTSIDE ENTITY 1 Name of he Ojsd e E y: City of Fort Worth 0 By Date Typed or Printed Name and Title: Assistant City Manager Approval Recommended by: Approved Form and Legality: Ass t City Attorney -■ C, _ i8 �� D Attest: CMtract Authorization C' y S ecretary Date For the purpose of this agreement, the addresses of record for each party shall be: For the Outside Entity: For the Texas Department of Transportation: Mr. Hugo Malanga, P.E. Mr. Steven E. Simmons, P.E., District Engineer Director of Transportation&Public Works Texas Department of Transportation City of Fort Worth P.O. Box 6868 1000 Throckmorton Fort Worth, Texas 76108 Fort Worth, Texas 76102 Attachment A Payment Provisions and Work Responsibilities Description of the Cost of the Items of Work The Outside Entity will be responsible for the development of the PS&E package and the construction of four(4) traffic signals along SH 199. The four locations are: 1. SH 199 at Surfside/Love Circle 2. SH 199 at Roadrunner Circle 3. SH 199 at Nine Mile Bridge Road 4. SH 199 at Tenderfoot Trail/Hanger Cut-off The Outside Entity will provide one-half ('/2) of the funding for the project, which is $213,500, and the State will provide the other one-half(%2), which is $213,500. A breakdown of the funding is as follows: Estimated Construction Cost: $427,000 Divided by 2 — 2 State's Share $213,500 The Schedule of Payments One payment in the amount of $213,500 will be paid by the State, upon notification, at least thirty days in advance of the bid opening for the construction contract. The State will remit a check or warrant made payable to the City of Fort Worth in the amount of $213,500 to be used in payment for the proposed work. Actual Cost Agreement In the Event it is determined that the funding provided by the State is insufficient to cover one-half(%z) of the cost of constructing the Project, the State will within 30 days from the receipt of the Outside Entity's Written notification provide the additional funding to cover one-half(%2) of the Outside Entity's anticipated additional costs. Upon completion of the Project, the Outside Entity will perform an audit of the costs and any funds due to the State will be promptly returned. City of Fort Worth, Texas "affor Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 1/2/01 **C-18408 20TRAFSIG 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A TRAFFIC SIGNAL PROJECT ALONG SH199 JACKSBORO HIGHWAY RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into an agreement with the Texas Department of Transportation (TxDOT)for a traffic signal project which includes installation of four new traffic signals along SH 199 (Jacksboro Highway); and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Street Improvements Fund up to $220,000 from increased revenues upon receipt of funds from TxDOT. DISCUSSION: This agreement will allow TxDOT to participate by providing one-half of the construction funding, in advance, for new traffic signal installations along SH 199.(Jacksboro Highway). The intersections are Highway 199/Nine Mile Bridge Road, Highway 199/Surfside/Love Circle, Highway 199/Roadrunner, and Highway 199/Tenderfoot Trail. The estimated funding provided by the state will be $213,500. The total estimated construction cost is $427,000. City funding will come from Capital Improvement Program signal additional funding needs that were identified in a Pre-Council presentation. A traffic signal warrant study concluded that these intersections meet the warrant requirements for traffic signals based on the Manual on Uniform Traffic Control Devices. The Transportation and Public Works Department proposes to install fully actuated traffic signals. All intersections are located in COUNCIL DISTRICT 7. City of Fort. Worth, Texas "Avow And Council communication DATE REFERENCE NUMBER LOG NAME PAGE 1/2/01 **C-18408 20TRAFSIG 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A TRAFFIC SIGNAL PROJECT ALONG SH199 JACKSBORO HIGHWAY FISCAL INFORMATION/CERTIFICATION: The Transportation and Public Works Department will be responsible for the collection and deposit of funds from TxDOT under this agreement. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 2)C115 488100 APPROVED 2)C115 541200 CITY COUNCIL Mike Groomer 6140 Originating Department Head: JAN 2 2103 Hugo Malanga 7801 (from) �...6 .-/ Pair&Kma try of&0 Additional Information Contact: a"64Fwt%rixT Hugo Malanga 7801 Adopted Ordinance too, l yy7p