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HomeMy WebLinkAboutContract 38692CITY SECRETAF)r CS, 400144'ATRACT NO District # 02-Fort Worth Code Chart 64 #15000 Project: Mercantile Center Schematic Agreement: 02-9XXF6003 THE STATE %J 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 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 108465, 108653 authorizes the State to undertake and complete a highway improvement generally described as IH 35W from IH 20 to Spur 820; 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 freeway access improvements to Mercantile Center desiqn schematic: modification of IW35 schematic between Meacham Boulevard and FWWR to provide freeway access to Mercantile Center - addition of southbound exit ramp to frontage road and profile changes to main lanes, 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 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 AFA-LPAFA_VolProj' "SEMY Page 1 of 5 Revised 05/02/2008 �e I TX C5� #001446-236 District # 02-Fort Worth Code Chart 64 #15000 Project: Mercantile Center Schematic Agreement: 02-9XXF6003 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 li. 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. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 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 exception. AFA—LPAFA VolProj Page 2 of 5 Revised 05/02/2008 CS, #001446-236 District # 02-Fort Worth Code Chart 64 #15000 Project: Mercantile Center Schematic Agreement: 02-9=6003 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: Mr. Dale Fisseler City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 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, Debarment Certification. The Local Government shall not contract with any person that: is suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal agency or that is debarred or suspended by the State. Article 20. 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. ������-��C�ti� � MYSEAR AFA-LPAFA_VolProj Page 3 of 5 F;T �10212008 CSC #0014A6-236 District # 02-Fort Worth Code Chart 64 #15000 Project: Mercantile Center Schematic Agreement: 02-9XXF6003 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 apprWed and autKrizeny the/Tgxas Transportation Commission, By — Date District Engineer V THE LOCAL GOVERNMENT TT�CT• Marty Hendrix �� � City Secre a cis Contral thorization Date: �otl ) CA APPROVED A S TO FORNFANDTEPGALITY: Amy R'amse� `— Assistant City Att rney Date: APPROVED: / Fernando Costa Assistant City Manager Date: S'/S/D9 APPROVAL RECOMMENDED: William A. V rkest, P. Director, Transportati n/ Public Wor s Department Date: .s�/off aFF�C1AL RECORD I 6fYSEQ%7ARY VYoM. T ( AFA-LPAFA VolProj Page 4 of 5 Revised 05/02/2008 CSC #001446-236 District # 02-Fort Worth Code Chart 64 #15000 Project: Mercantile Center Schematic Agreement: 02-9XXF6003 Attachment A Payment Provision and Work Responsibilities The Local Government will pay for the review cost %J the freeway access improvements to Mercantile Center design schematic: Modification of IH-35 schematic between Meacham Boulevard and FWWR to provide freeway access to Mercantile Center — addition of southbound exit ramp to frontage road and profile changes to main lanes, which are on -system locations. Based on the funding Category 4A, the Local Government's participation is 100% of the cost of this particular improvement. The Local Government's estimated cost of this additional work is $20,000.00, including construction items, and engineering and contingencies. The State has estimated the project to be as follows: Description Total Estimate Cost Local Participation Local Participation % Cost % Cost Direct State Costs: Review of Schematic $20,000800 0% $0.00 100% $20,000600 TOTAL $201000.00 $0.00 $20,000000 Direct State Cost will be based on actual charges. Local Government's Participation (100%) 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 05/02/2008 TO: Nikki McLeroy, Transportation &Public Works Department FROM: Allison Tidwell, City Secretary's Office DATE: May 8, 2009 SUBJECT: REVIEW OF SCHEMATIC DESIGN PLANS OF PROPOSED FREEWAY ACCESS IMPROVEMENTS TO MERCANTILE CENTER These documents are being forwarded to you for original signatures from Texas Department of Transportation. All signed copies of the contract must be returned with original signatures for final processing. Failure to return the documents will delay the final processing received all of the documents, we will assign a contract number cooperation. If you have any questions, please call me at 817-392-6090. Attached: 2 sets of the contract. Once we have Thank you in advance for your M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 4/21/2009 -Res. No. 3724-04-2009 REFERENCE ** 20MERCANTILE CENTER DATE: 4/21/2009 NO : C-23456 LOG NAME: IMPROVEMENTS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize an Advanced Funding Agreement with Mercantile Partners, Inc., in the Amount of $20,000.00 and Adopt a Resolution Authorizing Execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation in the Amount of $20,000.00 for Review of Schematic Design Plans for Proposed Freeway Access Improvements to Mercantile Center RECOMMENDATION: It is recommended that the City Council: FORT WORTH 1. Authorize the City Manager to execute an Advanced Funding Agreement with Mercantile Partners, Inc., in the Amount of $20,000.00; and 2. Adopt the attached resolution authorizing the City Manager to execute a Local Project Advance Funding Agreement with the Texas Department of Transportation in the amount of $20,000.00, for the Texas Department of Transportation's review of Schematic Design Plans of the proposed freeway access improvements to Mercantile Center. DISCUSSION: A developer, Mercantile Partners, Inc., is preparing Schematic Design Plans for a southbound exit ramp along Interstate Highway 35W. The proposed improvements include the modification of the Interstate Highway 35W schematic between Meacham Boulevard and the Fort Worth and Western Railroad tracks to provide freeway access with the addition of a southbound exit ramp to frontage road and profile changes to main lanes. Mercantile Partners, Inc., has requested that the City submit the plans to the Texas Department of Transportation (TxDOT) for review. The Texas Transportation Commission Minute Order Nos. 108465 and 108653 authorizes TxDOT to review Schematic Design Plans and to prepare a Local Project Advance Funding Agreement with the City in the amount of $20,000.00 for review of the plans. City staff prepared an Advance Funding Agreement with Mercantile Partners, Inc., in the amount of $20,000.00 for reimbursement to the City for costs incurred under its Agreement with TxDOT. The Transportation and Public Works Department will be responsible for the collection of these funds. Upon completion of this preliminary review, TxDOT will schedule public meetings and outreach if the project is feasible. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. The Transportation and Public Works Department is responsible for collection and deposit of funds due to the City. http://www.fortworthgov.org/council_packet/mc review.asp?ID=11482&councildate=4/21/2009 4/24/2009 M&C Review Page 2 of 2 TO Fund/Account/Centers 1) GG01 488100 0203002 $20,000.00 Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers 3) GG01 539120 0203002 Fernando Costa (6122) William Verkest (7801) Jim Walker (8009) 1 , " • • • r� $20,000.00 http://www.fortworthgov.org/council_packet/mc review.asp?ID=11482&councildate=4/21/2009 4/24/2009 A Resolution NO. AUTHORIZING THE EXECUTION OF A LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE REVIEW OF THE SCHEMATIC FOR THE PROPOSED FREEWAY ACCESS IMPROVEMENTS TO MERCANTILE CENTER: MODIFICATION OF INTERSTATE HIGHWAY 35W SCHEMATIC BETWEEN MEACHAM BOULEVARD AND THE FORT WORTH AND WESTERN RAILROAD TRACKS TO PROVIDE FREEWAY ACCESS WITH THE ADDITION OF A SOUTHBOUND EXIT RAMP TO FRONTAGE ROAD AND PROFILE CHANGES TO MAINLANES WHEREAS, the Texas Transportation Commission authorized the State to undertake and complete highway improvement generally described as Interstate Highway 35W from Interstate Highway 20 to Spur 820 by passing Minute Orders 108465 and 108653; and WHEREAS, the City of Fort Worth desires to enter into a Local Project Advance Funding Agreement with the Texas Department of Transportation for the review of the schematic for the proposed freeway access improvements to Mercantile Center: Modification of Interstate Highway 35W schematic between Meacham Boulevard and the Fort Worth and Western Railroad Tracks to provide freeway access with the addition of a southbound exit ramp to frontage road and profile changes to main lanes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: The City Manager, or his designee, is hereby authorized to execute a Local Project Advance Funding Agreement with the Texas Department of Transportation for the review of the schematic for the proposed freeway access improvements to Mercantile Center: Modification of Interstate Highway 35W schematic between Meacham Boulevard and the Fort Worth and Western Railroad tracks to provide freeway access with the addition of a southbound exit ramp to frontage road and profile changes to main lanes. PASSED day of ATTEST: AND APPROVED by the City Council of the City of Fort Worth, Texas, on this the 2009. City Secretary liq DETAIL OF PROJECT LOCATION