HomeMy WebLinkAboutContract 35191FORTWORTH .
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MEMORANDUM TO THE RECORD: '�
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TO: CONTRACT FILE NO. 35191
DATE: April 11, 2007
FROM: Marty Hendrix, City Secreta�y
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SUBJECT: REQUEST TO FILE "COPY" OF EXECUTED LOCAL PROJECT ADVANCE
FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR VOLUNTARY LOCAL GOVERNMENT
CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS
WITH NO REQUIRED MATCH FOR THREE NEW BRIDGE STRUCTURES ON
BU 287P (NORTH MAIN STREET) SH 199 AND WHITE SETTLEMENT ROAD
OVER THE NEW BYPASS CHANNEL NEAR THE TRINITY RIVER
BACKGROUND
The Agreement with the Texas Department of Ti•ansportation (TXDOT) for• Volunta�y Local Government
Contributions to Transportation Improvement Projects with No Required Match for three new bridge
structures on BU 287P (North Main Street) SH 199 and White Settlement Road over the New Bypass
Channel near the Trinity River was not properly processed for attest by the City Secreta�y aiid for the
issuance of a Conh�act Number when the one (1) original was executed by Frank C�•umb, Acting Assistant
City Manager for Marc Ott, Assistant City Manager and by the City Attorney's Office, Assistant City
Attoi-ney Amy Ramsey. This Local Pi•oject Advance Funding Agi•eement was appro,ved by the Fort
Woi�th City Council by M& C G21899 on December 19, 2006. The Local Project Advance Funding
Agreement was executed with only one original that was sent back to TXDOT and only a copy was kept
for the City's official files.
AUTHORIZATION FOR CONTRACT NUMBER
Per the dii•ection of Assistant City Attorney Amy Ramsey, the City Secretaiy's Office has been requested
to issue a contract number and place in the City of Fort Worth's official contract files the attached "copy"
of the Local Project Advance Funding Agreement with TXDOT for three new bridge structures on BU
287P (North Main Street) SH 199 and White Settlement Road over the New Bypass Channel near the
Trinity River, without the official attest of the City Secretary due to the fact it is a copy and not the
original document.
This i•equest has been approved and a contract number issued.
CITY SECRETARY'S OFFICE
THE CITY OF FORT WORTH * IOOO THROCKMORTON STREET * FORT WORTH, Te�c.as 76102
817-392-6150 * F.ax 817-392-6196
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�;(�f��i��1 CT �:l� . �� ' ��L ��-�_
THE STATE OF TEXAS
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 Channe] to Trinity River in
Fort Worth
Agreement No. 02-7XXF6011
�OCAL PROJECT ADVANCE FUNDING AGREEMEN7 FOR
VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS AGR�EMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the
Texas Qepartment of Transportation, hereinafter called the "State", and the City of Fort Worth, acting
by and through its duly authorized officials, hereinafter called the "Lacal 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 11 a266 authorizes the State ta undertake and
complete a highway improvement generally described as construction of thre� L3) new bridqe
structures on BU 287P LNorth Main Street) SH 199 and White Settlement Raad over the new Bvpass
channef near the Trinit river in Fort Worth; and,
WHEREAS, the Local Government has requested that the State allow the l�ocal 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 Bvpass Channel
near the Trinit River. Otherwise known as Tr�nit River Vision hereinafter called the "Project"; and,
WHEREAS, Transportation Code, §201.209 allows the Stat� 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;
NOVV, THEREFORE, in consideration of the premises and of the mutual covenants and agreernents
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 follaws:
AFA—LPAFA_VolProj Pag� 1 of 5 Revised 2/3/06
CSJ # 0014-01-022,0171-OS-081 &
0902-48-G97
District # 02
Code Chart 64 #15000
Project: BU 287P �N. Main Str•eet),
Henderson Street and White Settlement
Road at Bvpass Cliannel to Trini� River in
Fort Worth
Agreement No, 02-7XXF6�11
AGREEM�NT
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 Locaf 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 GovernmenYs 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-af-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 provisian 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 prafessional provider.
Articl� 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 a!I
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
AFA—LPAFA_VolProj Page 2 of 5 Revised 2/3/06
CSJ # 0014-01-022, 0171-OS-081 &
0902-43-697
District # 02
Code Chart 64 #15000
Project: BU 287P (N. Main Sti�eet�,
Henderson Street aud White Settlement
Road at Bypass Channel to Trinitv River in
Fort Worth
Agreement No, 02-7XXF601 1
sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract,
al1 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, withaut exception.
Article10. Maintenance. Project Maintenance wilf 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 Warks
Citv ofFort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Article 13. Sole Agreement. Sole Agreement of this LPAFA shalf be under the conditions as stated
in the MAFA, without exception.
Article 14. Successars and Assigns. The State and the Local Government each binds itself, its
successors, executors, assigns, and administrators to the other party ta 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 Provisians. 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 sp�cifically excepted herein. Any conflict between the
terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA.
Article 17. State Auditar. The state auditor may conduct an audit or investigation of any entity
receiving funds from th� 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 auditar, 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 ta the investigation or audit.
AFA—LPAFA_VolProj Page 3 of 5 Revised 2/3/06
CSJ # 0014-01-022, 017]-OS-081 &
0902-48-697
District # 02
Code Chart 64 #15000
Project: BU 287P t�1. Main Street).
Henderson Street and Whitc Settlement
Road at Bypass Channel to Trinity River in
Fort Wortli
Agreement No. 02-7XXF6011
Article 18. Insurance. lf 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 fu{ly executed copy of the State's Form 1560 Certificate of Insurance
verifying the existence of coverage in the amounts and types sp�cified on the Certificate of Insuranc�
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 caverage 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 repr�sent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNM�NT have executed duplicate
counterparts to effectuate this agreement.
THE STATE OF TEXAS
Executed for the Executive Directar 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 rized by the Texas Transportation Commission.
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By �,��.
Date / � � 7
District Engin er
YHE LOCAL GOVERNMENT
ATTEST: \� .
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Marty Hendrix ! i
Ciry Secretary . ,, � �J �
C - �I � � �� ► � l �����r
Contract Authorization
Date:
APPROV D AS TO FORM AND LEGALITY:
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Amy F� se
Assis#ant City Attorney
Date: /� �n "--'� (,
AP � ED:
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�, i arc. A �Ott
� Assistant City Manager
Date: � �'l �����
APPROVAL RECOMMENDE �
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Robert Goode, P.E.
Director, Transportation/Pub{ic Works Department
AFA-LPAFA_VolProj Page 4 of 5 Revised 2/3/06
CSJ# 0014-01-022,O171-OS-08l &
0902-48-697
District # 02
Code Chart 64 #15000
Project: BU 287P (N. Main Street),
Henderson Street and White Settlement
Road at B�pass Channel to 'I'nnity River in
Fort Worth
Agreement No. 02-7XXF6011
Attachment A
Insert a Proj�ct Budget And Description Such As:
Project Budget and Descriptian
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 bridqe 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 Trinitv River. The State has es#imated the project to be as follows:
Description Total Federal State Local
Estimate Participation Participation Participation
Cost
% Cost % Cost % Cost
:Plans and�Environmental Document Review Cosi "r -,=:
Environmental Review � $5,000 100°/o $5,000
0014-01-022
Schematic Review $10,000 100% $10,000
, 001 A-01-022
� Environmental Review $5,000 100°/o 55,000
0171-05-081
Schematic Review $10,000 100% $10,000 �
0171-05-081
Environmental Review $5,000 100% $5,000
0902-48-697
Sch�matic Review $�p,ppp 100% $�O,Q00
0902-48-697
TOTAL $45,000 $0.00 $0.00 $45,000
Direct State Cost wi{I be based on actual charges.
Local Government's Participation (100%) = a 00
This is an estimate only; final participation amounts will be based on actual charges to the project.
AFA—IPAFA_VolProj Page � of 5 Revised 2/3/06
A Resolufion
NO. 3a41-12-2006
A RESOLUTION AUTHORIZING THE CITY n�ANAGER TO L�CUT� A LOCAL
PROJECT ADVANCE FUNDTNG AGREEMENT l�'TTH TI3E TEXAS D�PARTM�NT OF
TRANSPQRTATION (TxDOT) FOR VOLUNTARY LOCAL GOVERNMENT
CONTRIBUTTONS TO TRANSPORTATxON IMPROVEMENT PROJECT5 WZTH Iv0
REQUII2ED MATCT� �OR THREE BRIDGE STRUCTURES ON BU 287P (NORTII MAIN
STREET) SH 199 AND WHITE SETTL�MENT ROAD OVCR THE NE`V BYPASS CHANNEL
NEAR THE TRINITY I21VER
WH�R�AS, THF City of Forl Worth ado��ted the Trinity River Vision Mastea• Plan on June 3,
2003; and
WI-I�1tEAS, that Plan includes tl�e construction oF tiu-ee bridge structures over the proposed
Ti-inity River k�}�pass Channel with some City participation; and
�'�'HLREAS, $12.8 Ivlillion of Federal Transportatian Funds have been earniarked far these
bridges; �nd
WHEREAS, a requiremenl for the use of F'ederal Transportation funds is that schemalic and
em�ironmental documei�ts for these bridges be revietiv�d and approved by TxDOT,
NOW, THEREFOT2�, BE IT R�SOLVED THAT TH� CITY COUNCIL OF TFTL CITY
Or FORT �VORTH, TEXAS:
Authorizes the Cit�� Manager to execute a Local Project Advance Funding Agreenient (LPAFA) �vith th�
Texas Departn��nt of Transportation for Valuntary Local Government Contributions Co Transportation
Improvement Projects witb No Reqtu��ed Match for three new briclge stru�tures on BU 2S7P (North
Main Street) SH 199 and Whita Seltlement Road over the New B��pass Ch�nnel near the Triniiy River.
PASSED AND AT'PROVED by the City Council of the City of �'orl Wa1h, Texas on this the
19°i day of Decemb�r , 2006,
aT�r�s�r;
ity Secratar
APPRO�JG�
CITY CC)l���;il�
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tty 5eczotaiy ot the
:,iC ofE`ortVJoTUi,Toxas
���ir` �� i��tt� �r�i�.��
City of Fort Worth, Texas
f�1�yc�r �nd �ouncil ��mmur�ication
��
COUNCIL ACi'fON: Approved on 1211912006 - Resoluiion No. 3441-�2-2006
��: �a � � , �
DATE: Tuesday, D�cember 18, 2006
LOG NAM�: ZOTRVBRIDGE�PAFA REFERENCE NO.: **C-Z1899
�UBJ�CT:
Adopt a Resolution Authorizing the City Manager to Execute a L.ocal Project Advance Funding
Agreement with the Texas Deparfmsnt of 7ransportation for Voluntary Local Government
Contributions to Transportation Improvement Projects with No Required Match for Three New
Sridge Structures an BU 287P (North Main Street) SH 199 and White Settlement Road over the
New Bypass Channel Near the Trinity River
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F2ECOLVIMENDATION:
If is recommended that the City Council authorize the City Manager to:
1. Adopt the attached resolution authorizing the Ciiy Manager tq execute a Local Project Advance �unding
Agreement (LPAFA) with the 7exas Departmeni of Transportation (TxD07) for Voluntary �.ocal Government
Contribuiions to 7ransportation lmprovement Projects with No Raquired PJlatch for three new bridge
structures on BU 287P (North Main Street) SH 199 and White Settlement Road ovar the New Bypass
Channel near the Triniiy f�iver; and
2. Authorize payment in tha amount of $45,000 to 7xDO�T for thefr review of the sch�matic anci
er�vironmental documents for the three bridges according to the LPAFA,
DISCUSSION;
Over the last several years, the City of Forf Worth, the Tarrant Regional Water Disirici, Streams and
Valieys, Inc., and the U,S. Army Corps of Engineers have worked together to p�epare the Trinity River
Vision master plan. The plan's geographic scope is 88 miles of the Triniiy F2iv�r corridor, and its pr+mary
objectives include floocf control, anhanced recreational opportunities, ecosystem restoration, and economic
redevelopment. A central feature of the Trinity River Vision (TR� master plan is the Fort Worth Ceniral
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, Nenderson Street {SH 199)
and White Setilement Road. The Fort Worth City Gouncil adopted the Trinity River Vision Master Plan on
June 3, 20Q3 (M&C G-13989) and included $4.5 million in the 2004 CIP to support the streeUbridga
irifrastructure portion of the TRV projecf.
On July 11, 2006 City Council authorized the City Manager to �xecute an Engin�ering Services Contract
with Turner Coliie and Braden in the amounf of $1,321,750 for the conceptual and schematic bridge
design/engineering and environmental analysis for the project (M&C G21560). It is a requirement that
TxDOT review and approve the schematic and environmenfal dacuments that are prepared under thi5
contract so that Federal funding can be used for subsequent design and construction phases, The subject
LPAFA provides for that review by TxD(�T.
This project is focated in CQUNCII. DISTRICTS 2 and 9, MAPSCO 62 Y and Q.
i;c�gnam�: 207�RVBRIDGLPAFA Page 1 of 2
F1$CAL INFORMA710NICERTIFICATION:
The Finance Director c�rtifies that funds are available in the current capital budget, as appropriated, of ihe
Street Improvement fund.
TQ Fund/AccountlCentors
S_l�_br�jtted for Cify_M�nac�er's Office b}C_
Origi a in _��rtme�.t Head:
't'or�l nformation Confa�t:
FRO�f►I. FundlAccouni/C�n�ers
C200 541200 2Q923001G430 $45 000.00
Marc Ott (8476)
F2obert Goode (7804)
Thomas Leuschen (2442)
l.,ogname: 20TRVBP�iDGLPAFA 1'age 2 of 2
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TRANSMITTAL
Mr. William C. Riley, P.E.
T0: Director of Transportation Planning
And Development
Texas Department of Transportation
P.O. Box 6868
Fort Worth, TX 76115-0868
SUBJECT: CSJ: 0014-01-d22
No. of copies:
2
1
Cp�►J�.�� �
MG��, T
JAN ° 9 zQo�
FROM• Thomas U, Leusche
DATE: January 10, 2007
Resolution and Local Project Advance Funding Agreement signed by the
Cit of Fort Worth
City of Fort Worth check for $45,000 c.L��O�� �� P�/�,q��s
'TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
The City of Fort '� 1000 Throckmorton Street * Fort Wortli, Texas 76102
817-392-7800 '� Fax 817-392-8092
�- MEMORANDUM
�.
Texas
Department
ol TYensporfatipn
TO: Accounting DATE: January 12, 2007
FROM: William C. Riley
SUBJECT: Voluntary Local Government Contributions
Advance Funding Agreement
CSJ: 0014-01-022
Tarrant County
A check in the amount of $45,Q00.00 representing a portion of the agency's participation
as outlined in the agreement has been received from City of Fort Worth, and is to be
deposited in the Local Treasury Rapid Account.
Please contact Karen Schluter at (817) 37�-fi804 if you have any questions concerning
this matter.
' P. E.
, ransportation P�anning andkJe elopment
Attachment
cc: Emily Anderson, Finance Division
City Code: 15000
Entity Type: 4
ytl:K NU. � , �
0021 00 City of Fort Worth �aa3�.�eo� 002�0�
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° A7TACHED CNECK IS IN PAYMENT FOR ITE1dS DESCRIDEOA�OVE.
BANK ONE
PORT ARTHUR, TEXAS
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City of Fort Worth
Texas
PAY
Forty Five Thousand Dollars and No Genks
70 THE ORDER OF
i�XAS DEPARTMENT OF TRANSPO�TATIOiV
P c� E OX 6�6"�
FORT WORT}i, TX 76115-086�
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Texas Department of Transpvrtation
P.O. BOX 6868 • FORT WORTH, TEXAS 76115-0868 •(817) 370-6500
January 17, 2007
CONTACT: DD-CM
Advance Funding Agreement
CSJ: 0014-01-022, 0171-05-081 and 0902-48-697
BU 287P (Main Street}
Agreement No. 02-7XXF6011
Robert D. Goode, P.E.
Director of Transportation & Public Works
City of Fort worth
1000 Throckmorton
Fort Worth, Texas 76102
Dear Mr. Goode:
Attached is one (1) executed original of the Local Transportation Project Advance Funding
Agreement between the City of Fort Worth and the State for the above praject.
If you have any questions regarding the agreement, please contact Karen Schluter at
($17) 370-8804.
Sincerely,
1 {�.E.
William C. Riley, P.E.
Director af Transportatio
Planning and Development
Attachments
cc: file; Ralph Browne, North Tarrant County Area Office Engineer
An Equal Opportunity Employer