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Home My WebLink AboutContract 34825THE STATE OF TEXAS C:i�i�Y :��R� I�� CC)fVTRAC;� �4� 0 THE COUNTY OF TRAVIS § CSJ # 0014-01-022, 0171-OS-081 & 0902-48-697 District # 02 Code Chart 64 #15000 Project: BU 287P (N. Main Street�, Henderson Street and White Settlement Road at Bypass Channel to Trinity River in Fort Worth Agreement No. 02-7XXF6011 LOCAL PROJECT 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, Texas Transportation Code, Chapter 201 and 222 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, Texas Government Code Chapter 791 and Texas Transportation Code §201.209 and Chapter 221, authorizes the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 110266 authorizes the State to undertake and complete a highway improvement generally described as construction of three (3� new bridqe structures on BU 287P (North Main Streetl. SH 199 and White Settlement Road over the new Bvpass channel near the Trinity river in Fort Worth; 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 environmental documents for the construction of three (3) new bridqe structures on BU 287P (North Main Street), SH 199 and White Settlement Road over the new Bypass Channel near the Trinity River. Otherwise known as Trinitv River Vision, 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: AFA—LPAFA VolProj Page 1 of 5 �,;''�iJV��!� 1:'�S'C:��'.��ii � i'��';,i '?,�'�:,�;�'1;i'��+;� 1 �J'!;. . _ . .- . . ... . � ac. j �, i i � � � Revised 2/3/06 CSJ # 0014-01-022, 0171-OS-081 & 0902-48-697 District # 02 Code Chart 64 #15000 Project: BU 287P (N. Main Street), Henderson Street and White Settlement Road at Bypass Channel to Trinity River in Fort Worth Agreement No. 02-7XXF6011 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 responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. Article 3. Payment of Funds. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. Article 4. 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 5. 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 6. Responsibilities of the Parties. Responsibilities of the Parties will be under the conditions as provided for in the MAFA, without exception. Article 7. 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 Microsoft0 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 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 t� a{�proved plans and specifications. All correspondence and instructions to the contractor pe oCrr;aing the work will be the AFA—LPAFA_VolProj Page 2 of 5 i'� ' Revised 2/3/06 � '�I�� . � .� CSJ# 0014-01-022,0171-OS-081 & 0902-48-697 District # 02 Code Chart 64 #15000 Project: BU 287P (N. Main Street), Henderson Street and White Settlement Road at Bypass Channel to Trinity River in Fort Worth Agreement No. 02-7XXF6011 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 9. Increased Costs. Increased cost will be under the conditions as provided for in the MAFA, without exception. Article10. Maintenance. Project Maintenance will be under the conditions as provided for in the MAFA, without exception. Article 11. Termination. Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Article 12 Notices. Notices of this LPAFA shall be under the conditions as stated in the MAFA,without exception. Local Government: Robert D. Goode, PE Director of Transportation & Public Works Citv of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Article 13. Sole Agreement. Sole Agreement of this LPAFA shall be under the conditions as stated in the MAFA, without exception. 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. Amendments to this LPAFA shall be made as described in the MAFA, without exception. Article 16. 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 17. 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. -,,��_„�;: .-; :-. -_ �t AFA—LPAFA VolProj Page 3 of 5 � i ,,;f�1'�i:-� ,'�'v�;!i � ,: - - Revised 2/3/06 CSJ # 0014-01-022, 0171-OS-081 & 0902-48-697 District # 02 Code Chart 64 #15000 Project: BU 287P (N. Main Street), Henderson Street and White Settlement Road at Bypass Channel to Trinity River in Fort Worth Agreement No. 02-7XXF6011 Article 18. 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 19. 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 and/or carrying out the orders, established policies or work programs heretofor a roved a a t orized by the Texas Transportation Commission. By � ' �� Date / � � 7 District Engin er ` THE LOCAL GOVERNMENT TEST: , �. � /� arty Hendrix �''-�� `�� 1 a- �q-� Contrac-t� thorization r��y-� Date: �X 1(i(,K�n��, �-�-.V� APPROV D AS TO FORM AND LEGALITY: ,= 7 �� P� , _' /�! / �� _ �. �`��-V �� -.- Amy R� sey Assistant City Attorney Date: /: � -:;� � � �� L�, A�PPR ED: !� �' �,�/��! �,�� J� A��,) �, iMarc. A Ott � Assistant City Manager Date: � � � '?_i� � ��.�'�� APPROVAL RECOMMENDED: �� Robert Goode, P.E. Director, Transportation/Public Works Department AFA-LPAFA_VolProj Page 4 of 5 ==-�— � =�_�..._.z-- , ;.;��'�� J::� ':;:��U'�:.'� u;1 ,? �, e f I�� ;� � �:9J��G �'ist�,.��Ja��'�i�/�J c � :C_ .r r ��:..�� ,. �. -� . '':! t , Revised 2/3/06 CSJ # 0014-01-022, 0171-OS-081 & 0902-48-697 District # 02 Code Chart 64 #15000 Project: BU 287P (N. Main Street), Henderson Street and White Settlement Road at Bypass Channel to Trinity River in Fort Worth Agreement No. 02-7XXF6011 Attachment A Insert a Project Budget And Description Such As: Project Budget and Description The Local Government will provide 100% of the funding for the State to review of the schematic and environmental documents for the construction of three (3) new bridge structures on BU 287P (North Main Street) SH 199 and White Settlement Road over the new Bypass Channel near the Trinity River. Otherwise knows a Trinity River. The State has estimated the project to be as follows: Description Total Federal State Local Estimate Participation Participation Participation Cost % Cost % Cost % Cost Plans and Environmental Document Review Cost Environmental Review $5,000 100% $5,000 0014-01-022 Schematic Review $10,000 100% $10,000 0014-01-022 Environmental Review $5,000 100% $5,000 0171-05-081 Schematic Review $10,000 100% $10,000 0171-05-081 Environmental Review $5,000 100% $5,000 0902-48-697 Schematic Review $10,000 100% $10,000 0902-48-697 TOTAL $45,000 $0.00 $0.00 $45,000 Direct State Cost will be based on actual charges. Local Government's Participation (100%) = 45 000 This is an estimate only; final participation amounts will be based on actual charges to the project. AFA—LPAFA_VolProj Page 5 of 5 Revised 2/3/06 � �e��lufiio� PVO. 3441-12-2006 A R�S(�L�ITION A�TTHORIZiNG THE CITY MAI�TAGER TO �XECUTE A LOCAL Pi��JEC'I' ADVANCE FUNAING AGREEMENT 'i�'ITH THE TEXAS DEPAffrTME1�iT 4F TRA.I�I�PORTATIOl�I (TxDOT) FOR VOLU101TAItY LOCAL GOVERI�IMEIetT COI�7TI2IBUTIOI�15 TO TIZANSPORTATrON IMPIE�OVEMEIVT PROJECTS WITH 1\TO R��LJIR�D IVIA'I'CH FOIg THREE B�TI;GE STRUCTIJRES Olet BU 287P (1�012TT�[ 1°�IAI1�I S'I'ItF�T`) �H 199 AivD WHITE S�TTLEMENT ROAD OVER T�IE 1�IEVV �YPASS CHAl�i1�1EL NEAR THE TRINITY RI'VEI� W�-IE1�AS, THE City of Foz-t Worth ado��ted tl�e Tz-inity River Vision Masier Plan on June 3, 2003; and WI�Ek�A�, that Plan includes the construction of tluee bridge structu�•es over the proposed Tz-inity River Bypass Channel with some City participation; and �VI�EI�AS, $12.8 Millian of Fedez�al Trazisportation Funds liave been eatnlarked for these bridges; and i�VIEz�I2EAS, a requiremenC for the use of Federal Transportatioil funds is t11at schematic and environmental documents for these bridges be reviewed and appro�ved by TxDOT. N�W, T�IEIZEF()RE, �E IT R�SCiLVED THAT TH� CITY COIJI�CIL �3F TII� Ci'I'Y or ro�aT wo��H, T��s: Authorizes the Ciiy Manager to execute a Local Project Advauce Fundi�g Agreemant (LPAFA) with the Texas Department of Transportation for Voluntaiy Local Goveniment Corltributions to Transpoz-tation Improvement Projecfs with No Required Matcli fpr tlu�ee new bridge structures on BU 287P {Nortll Main Street) SH 199 azld White Settlement Road over the New Bypass Cha�inel near the Trinity River. PASSED AND APPROVED by the City Council of the City of Fort Worth, Texas oz� this the 19�'' day of Decen�b�r , 2006. ATTEST: City Secxetar A�P�it}�Cf� �I�Y ��i.�E��`��. p�C � ° ZU06 Y�n��.�`�� tty Scsaz•otary ot the :,[t of I�'art Worl}i, Texas ��`'�' ��" �i°�� '��?�� '� ` ,.,r�J��J.:� i.�vli,�:J n^•� '�% � �'�'�� ' n`l v�� ;��,-;`�'�'��ti1', � �� :'."�''.� �;�'� ��R� R __.� _a._� �r�y of Fo� '�/o�fh, T'exa� a�or �nd ou�cil ��rr un�c��M � �.-��:.�..��_ . ��...��.�:�A .�..��...�..,� -_. _ - �.u.��, COUNCIL ACTIOIV: Approved on 12/19/2006 - Resolution No. 3441-12-Z006 r�-::�.^: _ '_ _.n..._._,�,' 3s^' - �. ..� - � a.:.�^�m��.�aa:a�s D,4TE: Tuesday, December 19, 2006 LOG NAf�iE: 20TRVBRIDGL.PAFA REFERENCE NO.: �`*C-21899 SUBJEC : Adopt a Resolution Authorizing the City Manager to Execute a Lacal Proj�cf Advance Funding Agreement with the Texas Departmenfi of Transportation for Voluntary Local Government Cantributions to Transportation Improvement Projects with No Required Maich for Thre� New Bridge Structures on BU 287P (Nor�h Main Street) SH 199 and White Settlement Road over the New Bypass Channel Near the Trinity River �__:,:.•—r�.«.__. r�T.»„�_--�:..:,�.. ..-,.: . .�—�:�..rr,:..�:r. _�-��.•�-^^^Y-� � �-�rr-,��m�'�-. » .�r; a�::�-�.,.�-.�...�:�.;.�.•.;.� r ��a----�.�..-.... R�COIViMEND,4TION: It is recommended that the City Council authorize the City Manager to: 1. Adopt the attached resolution authorizing the City Manager to execute a Local Project Advance F'unding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT} for Voluntary Local Government Contributions to Transpartation Improvement Projects with No Required Match for three new bridge structures on BU 287P (North Main Sfreet) SH 199 and Whit� Settlement Road over the New Sypass Channel near the Trinity River; and 2. Authorize paym�nt in the amount of $45,000 to TxDOT for their review of the schematic and environmental dncuments for the three bridges according to the LPAFA, DISCUSSIOPJ: Over the lasi several years, the City of For� Worth, the 7arrant Regional Water Qistrict, Streams and Valieys, Inc., and the U.S. Army Corps of Engineers have worked together to prepare the Triniiy River Vision master plan. l"he plan's geographic scope is 88 miles of the Trinity River corridor, and its primary objectives include flood control, enhanced recreational opportunities, ecosystem restoration, and economic redevelopment. A central feature of the Trinity River Vision {TR� master plan is the Fort Worth Central City project, also known as the Trinity Uptown Plan. This plan includes construction of a bypass channel and construction of three new bridges over the channel at North Main Street, Henderson Street (SH 199) and White Settlement Road. The Fort Worth City Council adopted the Trinity River Vision Master Plan on June 3, 2003 (M&C G-13989) and included $4.5 million in the 2004 C(P to support the streat/bridge infrastructure portion of fhe TRV project. On July 11, 2006 City Council authorized the City Manager to execute an Engineering Services Contract with Turner Collie anci Braden in the amount of $1,321,750 for the conceptual and schematic bridge design/engineering and environmental analysis for the projeci (M&C G2156Q). It is a requiremeni that TxDOT review and approve the schematic and environmental documents that are prepared under this contract so that Federal funding can be used for subsequent design and construction phases. Tfie subject L.PA�A provides for that review by TxDOT. This praject is located in COUNCIL. DISTRICTS 2 and 9, MAPSC� 62 Y and Q. Logname: 20TRVBRIDGLPA�A Page l of 2 FISCAL. INFORh�AiIOfV/CERi"IFICATION: The Finance Director certifies that funds are availabie in the current capital budget, as appropriated, of th� Street Improvement fund. TO FundlAccoun�lCenters FROM Fund/AccounflCenters C200 541200 209230014430 �45 000.00 �__.�.�.-��_� �._.._..�_,.��, -----�s �,�, ..�,�t�— _ _ �.. _ , �ubmitted for City Manager's Office bv: Oriainatin Department Head: Additional lnformation Coniact: Marc Ott (8476) Robert Goode (7804} Thomas Leuschen (2442) �..,�.r�-�.�,.�..--.---.--.`�-,�«�.�.�-�.�.�,r�� . _ _ .: u��.��.-�-�._:.-�—� �;� r � 1; �> j . �. 'l :� ::� �� :� :;: � ��'1 ?�i :�.Si��;��?�;�,:��c,'y C 7 d� G c;' c,:; 7: l: w'c 1'. � '�1�; '.,'.'��;'�s�i V ��i Logname: 20TRVBRIDGLPAPA Page 2 of 2