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HomeMy WebLinkAboutContract 37007CITY SECRETARY 307W7 1 CONTRACT NO. THE STATE OF TEXAS S THE COUNTY OF TRAVIS § CSJ # 001445-038 District # 02 Code Chart 64 #15000 Project: US 81 from West of FM 3479 to FM 3479 Agreement #: 02-8XXF6007 LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THBS 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 it's 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 109460 authorizes the State to undertake and complete a highway improvement generally described as US 81 from West of FM 3479 to FM 3479; 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 schematic for Southbound Exit Ramp to FM 3479, 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 authorize the performance of only those_ Projeettems 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' mIa'de a part of this contract. In addition to identifying those items of work paid for by paymehts to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies AFA—LPAFA_VolProj Page 1 of 5 Revised 2/3/06 CSJ # 0014-15-038 District # 02 those Project items of work that are the responsibility of the Local and completed by the Local Government, at no cost to the State. Code Chart 64 #15000 Project: US 81 from West of FM 3479 to FM 3479 Agreement #: 02-8XXF6007 Government and will be carried out Article I 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 for in the MAFA, without exceptrorT. Article 11. Termination. Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. AFA-LPAFA_VolProj Page 2 of 5 Revised 2/3/06 CSJ # 0014-15-038 District # 02 Code Chart 64 #15000 Project: US 81 from West of FM 3479 to FM 3479 Agreement #: 02-8XXF6007 Article 12 Notices. Notices of this LPAFA shall be under the conons as stated in the MAFA, without exception. Local Government: Robert Goode, PE Director of Transportation and Public Works City 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. 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-11THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate,this agreement. AFA-LPAFA_VolProj _., Page 3 of 5 Revised 2/3/06 CSJ # 0014-15-03 District # 02 Code Chart 64 #15000 Project: US 81 from West of FM 3479 to FM 3479 Agreement #: 02-8XXF6007 THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/ carrying out the orders, established policies or work programs heretofore^apprev i aryl a�,�t qyiz�d y the Texas Transportation Commission. Date � U District Engine r THE LOCAL GOVERNMENT Marty Hendrix � City ecreta 4 Contract AuthNgloy zation Date: APPROVED B� TO FO Amy Ran Assistant Date: Attorney GALITY: APPROVED: Fernando Costa Acting Assistant City Manager Date: 4 � De API�I�OVAL RECOMMENDED: Gr ons Acti or, Transportation/ Pu c orks Department Date: AFA—LPAFA_VolProj Page 4 of 5 Revised 2/3/06 CSJ # 0014-15-038 District # 02 Code Chart 64 #15000 Project: US 81 from West of FM 3479 to FM 3479 Agreement #: 02-8=6007 Attachment A Insert a Project Budget And Description Such As: Project Budget and Description The City will pay for the cost of the review of schematic for Southbound exit ramp to FM 3479, which is an on -system location. Based on the funding Category 4A, the City's participation is 100% of the cost of this particular improvement. The City's estimated cost of this additional work is $10,000.00, including engineering and contingencies. The State has estimated the project to be as follows: Total Estimate Cost Federal Participation State Participation Local Participation Description Cost % Cost % Cost CONSTRUCTION COSTS Review of Schematics $10,000500 0% $0.00 0% $0.00 100% $103000000 Subtotal $10,000600 $0.00 $0.00 $10,000.00 TOTAL $10,000.00 $0.00 $0.00 $109000000 Direct State Cost will be based on actual charges. City's Participation (100%) _ $10,000.00 This is an estimate only, final participation amounts will be based on actual charges to the project. Work Responsibilities The Local Government is responsible for the cost of the review schematic for US 81 from West of FM 3479 to FM 3479. The State will review and comment on the schematics. Q1 q17 il�:�i 2L11� AEA—LPAFA_VolProj Page 5 of 5 Revised 2/3/06 Online City Council Agenda Page 1 of 2 i - - 4/11/2008j1. OR O�1 iI1 Fort Worth, i'exas, is a city focusing can its , future. Together, we are building strong WEATHER neighborhoods, developing a sound economy -- and providing a safe community. vet Site for Una Liry or Fort worth, I cAaS Home i Residents 1 Business in rt. Worth i Visitors Site Index i Contact Us Print M&C COUNCIL ACTION: Approved on 3/4/2008 - Res. No. # 3589-03=2008 & Ord. No. # 17999-03-2008 DATE: 3/4/2008 REFERENCE NO.: *"C-22694 LOG NAME: 20HARMON-LPAFA CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Adopt a Resolution Authorizing Execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation, for TxDOT's Review of Schematic Design Plans for the Relocation of the Southbound Exit -Ramp for US 81/287 between West of FM 3479 and FM 3479, and Authorize Execution of an Advance Funding Agreement with 287/156 Partners, L.P., and Adopt Appropriation Ordinance RECOMMENDATION. It is recommended that the City Council: 1. Authorize the City Manager to adopt a resolution to execute an Advance Funding Agreement accepting $10,000 from 287/156 Partners, L.P. for TxDOT's review of schematic design plans for the relocation of the southbound exit -ramp for US 81/287 between west of FM 3479 and FM 3479; 2. Authorize the City Manager to execute a Local Project Advance Funding Agreement with TxDOT in the amount of 4)10,000 for review of schematic design plans of the relocation of the southbound exit -ramp and for US 81/287 between west of FM 3479 and FM 3479; and 3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the amount of $10,000 in the Crcal Capital Projects Fund. DISCUSSION: A developer, 287/156 Partners, L.P., is preparing schematic design plans for the southbound exit ramp at US 81/Harmon Road. The proposed improvements include the relocation of the southbound exit -ramp for US 81/287 between west of FM 3479 and FM 3479. The scope of the project is to relocate the existing southbound exit ramp 2000 ft. west. 287/156 Partners, L.P., has requested that the City submit the plans to TxDOT for review. The Texas Transportation Commission Minute Order No. 109460 authorizes TxDOT to review schematic plans to prepare a Local Project Advance Funding Agreement with the City in the amount of $10,000 for review of the plans. City Staff prepared an Advance Funding Agreement with 287/156 Partners, L.P., 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. Upon completi f n Qf-this-��re�i ' i 'ary review, TxDOT will schedule public meetings and outreach if the project is feasibly. JL�1l�IL`�D1 This project is located i bUNCIL DISTRICT 2. http://www.fortworthgov.org/councilpacket/mc_review.asp?ID=9192&councildate=3/4/2008 4/11/2008 Online City Council Agenda Page 2 of 2 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, of the Critical Capital Fund. TO Fund/Account/Centers C116 488100 020116021224 C116 531200 020116021224 $10,000.00 $10,000600 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers C116 531200 020116021224 Fernando Costa (8476) Robert Goode (7913) Jim Walker (8009) ATTACHMENTS 20HARMON-LPAFA-RESOLUTION.pdf 20HARMON-LPAFA.doc AFA 287 156 Partners rev L1 01 16 08.doc LPAFA US 81 FM 3479 exit ramp 12 18 07.pdf $10,000.00 http://www.fortworthgov.org/council�acket/mc_review.asp?ID=9192&councildate=3/4/2008 4/11/2008