HomeMy WebLinkAboutContract 35851 CSJ#0902-48-579
District# 02
Code Chart 64#15000
Project: US 287 / North Tarrant
Parkway Interchange
Agreement No. 02-7XXF6023
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
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 through the Texas
Department of Transportation, hereinafter called the State, and City of Fort Worth, acting by and
through its City Council, 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 108812 authorizes the State to undertake and
complete a highway improvement generally described as review PS&E package for the North Tarrant
Parkway/ US 287 interchange; 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 review of the
PS&E package for the North Tarrant Parkway/ US 287 interchange, 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:
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 autho iz ,,,e R J
of only those Project items of work which the Local Government has requested and �� 1
pay for as described in Attachment A, Payment Provision and Work Responsibilitie.wh. , '`'f'ii
AFA—LPAFA Vo1Proj Page 1 of 5
CSJ#0902-48-579
District# 02
Code Chart 64 #15000
Project: US 287 / North Tarrant
Parkway Interchange
Agreement No. 02-7XXF6023
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 Microsoft® 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 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 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�r0rirfi'fhb
MAFA, without exception. U ��
AFA-LPAFA_VolProj Page 2 of 5 Revised 2/3/06
CSJ#0902-48-579
District# 02
Code Chart 64#15000
Project: US 287/ North Tarrant
Parkway Interchange
Agreement No. 02-7XXF6023
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 Goode, PE
Director of Transportation and Public Works
City of Ft. 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.
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 a ,,
authority to enter into this agreement on behalf of the party they represent. '
AFA—LPAFA_Vo1Proj Page 3 of 5 Revised
CSJ#0902-48-579
District#02
Code Chart 64#15000
Project: US 287/ North Tarrant
Parkway Interchange
Agreement No. 02-7XXF6023
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate
counterparts to effectuate this agreement.
gent.
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 a rov and aut'XZ,'
exas Transportation Commission.
By t1t / - / '
Date o 1.3 7
District Engineer
THE LOCAL GOVERNMENT
A EST: �' APPROV
Marty Hendrix Marc Ott
ity c e a r� Assistant Fity M ager
Contract A thoriz tion Date
Date: b
APPRO S TO FO AND GALITY:
A ROVAL RECOMMENDED:
A am Ro P.E.
Assistan ity ttorney Dir o Transportation/
P 1 W rks Department
Date:
AFA—LPAFA—Vo1Proj Page 4 of 5
CSJ#0902-48-579
District#02
Code Chart 64#15000
Project: US 287/ North Tarrant
Parkway Interchange
Agreement No. 02-7XXF6023
Attachment A
Project Budget and Description
The City will pay for the cost to review the PS&E package for US 287/North Tarrant Parkway
Interchange. The City's participation is 100% of the cost of this particular review. The State has
estimated the project to be as follows:
Description Total Federal State Local
Estimate Participation Participation Participation
Cost
% Cost % Cost % cost
CONSTRUCTION COSTS
Review of PS&E $20,000 0% $0.00 0% $0.00 100% $20,000
Package
Direct State Cost will be based on actual charges.
City's Participation (1001%) = 2 0
This is an estimate only; final participation amounts will be based on actual charges to the project.
AFA—LPAFA_VolProj Page 5 of 5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/10/2007 - Ord. No. 17639-07-2007
DATE: Tuesday, July 10, 2007
LOG NAME: 20PRESI-LPAFA REFERENCE NO.: '"*C-22223
SUBJECT:
Authorize Execution of Local Project Advance Funding Agreement with the Texas Department of
Transportation and with Diversified Asset Planning, LLC, for the Review of the Plans, Specifications
and Estimates Package of North Tarrant Parkway/US 287 Interchange and Adopt Appropriation
Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an Advance Funding Agreement accepting $20,000 from
Diversified Asset Planning, LLC, for the Texas Department of Transportation review of the PS&E (Plans,
Specifications, and Estimates) package for North Tarrant Parkway/US 287 Interchange;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
amount of$20,000 in the Critical Capital Projects Fund;
3. Authorize the City Manager to execute a Local Project Advance Funding Agreement with TXDOT in the
amount of$20,000 for review of the PS&E package for North Tarrant Parkway/US 287 Interchange; and
4. Authorize payment to TXDOT in the amount of$20,000 for review of the PS&E package for the project.
DISCUSSION:
On January 13, 2004, (M & C C-19929) the City Council authorized the City Manager to execute Advance
Funding Agreements with Presidio Vista I, Ltd., and TXDOT for the review of the schematic design plans for
North Tarrant Parkway/US 287 Interchange.
In May 2006, Presidio Vista I, Ltd., sold the property to Diversified Asset Planning, LLC.
Diversified Asset Planning, LLC, has now prepared a PS&E package for North Tarrant Parkway/US 287
Interchange and requested that the City submit the plans to TXDOT for review. The Texas Transportation
Commission Minute Order Number 108812 authorized TXDOT to review the plans and TXDOT prepared a
Local Project Advance Funding Agreement with the City in the amount of $20,000 for review of the
package.
City Staff prepared an Advance Funding Agreement with Diversified Asset Planning, LLC, to reimburse the
City for Costs incurred by the City under its agreement with TXDOT. The Transportation and Public Works
Department will be responsible for the collection of these funds.
This project is located in COUNCIL DISTRICT 2.
Logname: 20PRESI-LPAFA Pgge I of
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, in
the Critical Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1,2)C116 488100 020116021224 $20,000.00 3,4)C116 531200 020116021224 $20,000.00
2)C116 531200 020116021224 $20,000.00
Submitted for City Manager's Office by: Marc Ott (8476)
OriginatingDeparbnent Head: Robert Goode (7913)
Additional Information Contact: Jim Walker (8009)
Lognme: 20PRESI-LPAFA Page 2 of 2