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Home My WebLink AboutContract 35194 (2)THE STATE OF TEXAS THE COUNTY OF TRAVIS C:;{.�..�r: �;��`i�Ti��=�.s�� ':;��f��..f.�.j,,;-,�� dC� . 0 � CSJ # 0902-48-708 District # 02 Code Chart 64 #15000 Project: Revie�� of schematic, environinental document, and PS&E for the widenin� of Golden Trian�le Blvd fi�om IH 35 W to US 377 Agreement No. 02-7XXF6016 ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMEfVT 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 Citv 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 109460 authorizes the State to undertake and complete a highway improvement generally described as wideninq of Golden Triangle Blvd from a current 2 lane facilitv to a 4 lane divided with accommodation for a 6 lane facility in the future 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 schematic, environmental document, and PS&E for the wideninqof Golden Trianqle Blvd from a current 2 lane facility to a 4 lane divided with accommodation for a 6 land facility in the future, 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 da 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 # 0902-48-708 District # 02 Code Chart 64 #15000 Project Review of schematic, environmental document, and PS&E for the widenin� of Golden Trian�e Blvd fi•om IH 35W to US 377 Agreement No. 02-7XXF6016 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 co1mpleted 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 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 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 Gavernment 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 AFA-AFA_VoITIP Page 2 of 6 Revised 11/9/05 CSJ # 0902-48-708 Disti�ict # 02 Code Chart 64 # 15000 Project: Review of schematic. enviroiunental doctunent, and PS&E foi• the widenin� of Golden Trian� Blvd fi�om IH 35W to US 377 Agreement No. 02-7XXF6016 Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. 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 tota� 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 AFA-AFA_VoITIP Page 3 of 6 Revised 11/9/05 CSJ # 0902-48-708 District # 02 Code Chai-t 64 # 15000 Project: Review of schematic, enviromnental docliment, and PS&E for the widenin� of Golden Triangle Blvd fi•om IH 35W to US 377 Agreement No. 02-7XXF6016 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: Local Government: Robert D. Goode, PE Director of Transportation & Public Worl<s City of Fort Worth 1000 Throckmorton Street Fort V��orth, TeYas 76102 State: Maribel P. Chavez, PE District Engineer Texas Departinent of Transportation PO Box 6868 Fort Worth, Teaas 76115 All n�tices 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 un�er 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 AFA-AFA_VoITIP Page 4 of 6 Revised 11/9/05 CSJ # 0902-48-708 Dish�ict # 02 Code Chart 64 #15000 Project: Review of schematic, environinental document, and PS&E for the widenin� of Golden Triangle Blvd from IH 35W to US 377 Agreeinent No. 02-7XXF6016 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. 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 approved and authorized by the Texas Transportation Commission. � `1 � Date ` �� By C.� !�� '� , a-�� ,� � - 3 -0 7 ��,, District Engineer THE LOCAL GOVERNMENT ATTEST: �+err�a �yQrf� f/�nd � j� City Secretary Contra A thorizati n rl,\! rt Date: ��1 � � �. d� ( APPROVED AS TO FORM AND LEGALITY: �� : �/ Y � ",�-�--��ra-sa�. ` � M d'C�Q Assistant City Attorn y U� Date: .�P/�"0 � , (. APPROVED�: f � � �._. __� Mar� Qtt- � Assistant City Manager Date:...�'�/� o��'', APPROVAL RECOMMENDED: %��/ Robert Goode, P.E. Director, Transportation/Public Works Department AFA-AFA_VoITIP Page 5 of 6 Revised 11/9/05 CSJ # 0902-48-708 District # 02 Code Chart 64 # 15000 Project: Reviev�� of schematic, environmental document, and PS&E for the widening of Golden Trian�le Blvd fi�oin IH 35 W to US 377 Agreement No. 02-7XXF6016 ATTACHMEN� A Project Budget and Description The Local Government will provide 100% of the funding for the State to review the schematic, environmental document, and PS&E for the wideninq of Golden Triangle Blvd from a current 2 lane facilitv to a 4 lane divided with accommodation for a 6 land facilitv in the future. The State has estimated the project to be as follows: Description Total Federal State Locai Estimate Participation Participation Participation Cost % Cost % Cost % Cost CONSTRUCTION COSTS Direct State Costs $25,000 0% $0.00 0% $0.00 100% $25,000 (including PS&E, schematic and environmental document review TOTAL $25,000 $0.00 $0.00 $25,000 Direct State Cost will be based on actual charges. Local Government's Participation (100°/a) = 25 000 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 $25,000 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 Texas Department of Transportation P.O. BOX 6868 • FORT WORTH, TEXAS 76115-0868 •(817) 370-6500 April 3, 2007 CONTACT: DD-CM Voluntary Local Government Contributions CSJ: 0902-48-708 Golden Triangle Blvd. Tarrant County Robert Goode, PE Director, Transportation/Public Works Department City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Attn: Tom Leuschen Dear Mr. Goode: Enclosed for your files is a fully executed original of the Local Project Advance Funding Agreement between the City of Fort Worth and the State for the above project. If you have any questions, please contact me at (817) 370-6591. Attachment cc: file Sincerely, �,,, _ ;, , ff :� � � �r�.,�--�� ,, �'�- r_ � s w,�r� � F / ' � Phillip R. Hays, PE Consultant Review Engineer An Equal Opportunity Employer