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HomeMy WebLinkAboutContract 43606STATE OF TEXAS § BOUNTY OF TRAVIS § CITY SECRT..'.Y cONTPC CSJ 110014-02-049 District If 02-Fort Worth Code Chart 64 #15000 Project: IH 35W from McPherson/Garden Acres Bridge to 450' SB/NB frontage road LOCAL PROJECT ADVANCE FUNDING AGREEMFNT FOR VOLUNTARY LOCAL GOVERNi1MMFNT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON SYSTEM THIS AGREHVIENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State", and City of Fort Worth, acting by and through its duly officials, 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, Texas Transportation Commission Minute Order Number 113074 authorizes the State to undertake and complete a highway improvement generally described as review plans, schematics and engineering for widening bridge, safety lighting, bike lanes, signals, sidewalks, ramps, and markings; 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 plans, schematics and engineering for widening bridge, safety lighting, bike lanes, signals, sidewalks, ramps, and markings, 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 do agree as follows: AGREEMENT 1. Time Period Covered The period of this Local Project Advance Funding Agreement (LPAFA) is as stated in the Master Agreement Governing Local Transportation Project Advarce Funding Agreements (MAFA), without exception. airnr r9PIME311801,7 AFA— LPAFA _VolProj 00-29-1 2 A 1 1 : 36 12 P12:32 OUT Page 1 of 5 ricY Revised 04/01/11 CSJ #0014-02 049 District # 02-Fort Worth Code Chart 64 #15000 Project IH 35W from McPherson/Garden Acres Bridge to 450' SB/NB frontage road 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 Al 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 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 with approval by appropriate personnel of the Local Government. 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. 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. 6. Responsibilities of the Parties Responsibilities of the Parties will be under the conditions as provided for in the MAFA, without exception. 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 MicrosoftR 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. AFA—LPAFA_VolProj Page 2 of 5 Revised 04/01/11 CSJ #0014-02-049 District # 02-Fort Worth Code Chart 64 #15000 Project IH 35W from McPherson/Garden Acres Bridge to 450' SB/NB frontage road 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 in this agreement by reference, or special specifications approved by the State. 9. Increased Cost Increased cost will be under the conditions as provided for in the MAFA, without exception. 10. Maintenance Project maintenance will be under the conditions as provided for in the MAFA, without exception. 11. Termination Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. 12. Notices Notices of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Local Government: State: Assistant City Manager Director of Contract Services City of Fort Worth Texas Department of Transportation 1000 Throckmorton Street 125 E 11th Street Fort Worth, TX 76102 Austin, Texas 78701 13. 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. 14. Amendments Amendments to this LPAFA shall be made as described in the MAFA, without exception. AFA—LPAFA VolProj Page 3 of 5 Revised 04/01/11 • CSJ #0014-02-049 District # 02-Fort Worth Code Chart 64 #15000 Project Di 3 5 W from McPherson/Garden Acres Bridge to 450' SB/NB frontage road 15. Incorporation of Master Agreement Provisions This LPAFA incorporates all relevant provisions of the MAFA in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted in this agreement. Any conflict between the terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA. 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 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. 17. 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 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA—LPAFA VolProj Page 4 of 5 Revised 04/01 /11 THIS AGRLI;IMhNT IS h•XECUTVept49r gh 0 ° 0 A FI/,, o THE LOCAL GOVERNMENT r? ATTEST: _ 9 ):- °el ACT -City Secretary U CSJ #0014-02-049 District # 02-Fort Worth Code Chart 64 #15000 Project: IH 3 5 W from McPherson/Garden Acres Bridge to 450' SB/NB frontage road nd the Local Government in duplicate. Qo QZE City of Fort Worth ocYAA 0 Y" it 4bb e9,°00?o °p°° Sind4 .�� rtcro, Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY APPRL RECOMMENDED By _ _ Assistant City Attorney 81 Nit. THE STATE OF TEXAS lc A ,7,7-c-taje G A. Khankarli, P.E. Asst. Regional Director Date By , Dougl..= W. Wiersig, P.E. Director Transportation and Public Works Date. lelo o i tr AFA—LPAFA_VolProj Page 5 of 5 Revised 04/01/11 PAYMENT Costs will be allocated based engineering. Description CSJ #0014-02-049 District # 02-Fort Worth Code Chart 64 #15000 Projects IH 35W from McPherson/Garden Acres Bridge to 450' SB/NB frontage road Not Research and Development Attachment A PROVISION AND WORK RESPONSIBILITIES on 100% Local Government for review of plans, schematics and Environmental (by Local Government) Engineering (by Local Government) Right of Way (by Local Government) Utilities (by Local Government) Subtotal Environmental Direct State Costs (5%) Right of Way Direct State Costs 1(5%) 6Engineering Direct State Costs (5%) Utility Direct State Costs (5%) Indirect State Costs (7.27%) TOTAL - i Total _- - Estimated Cosf $180, 000 $680,000 $170,000 $225,000 $1,255,000 $9,000 $8,500 $34, 000 $11,250 $91,239 $1,408,989 Federal Participation Cost _ O% $0 0% $0 Jo% $0 0% $0 0% 0% 0 IO% State - - Participation - % - ICost-- 0% $0 0% $0 0% $0 0% 0% 0% Local Participation % Cost 100% $180,000 :100% $680,000 100% $170,000 $0 1100% $225,000 $0 1100% $1 255,000 $0 100% $9,000 0% $0 1100% $8,500 0% $0 100% $34,000 $0 100%I$11,250 100% $91,239 '0% I$0 % $91,239 # - $1317,750 Payments made by the Local Government: Initial payment by the Local Government to the State $12,987.32 Payment by the Local Government to the State at time of execution: $49,762.68 Estimated total payment by the Local Government to the State $62,750 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA—LPAFA_VolProj Page 1 of 1 Revised 04/01/11 M&C Keview rage 1 of z ihi? O U N CI G N D �. DATE: CODE SUBJECT: COUNCIL ACTION: Approved on 8/14/2012 Resolution N F/� RE'=IEt= RNCE %(�� 8/14/2012 6 a C TYPE: C-25787 Official site of the City of Fort Worth, Texas FORT WORTH U 4117008•32012 20GARDEN ACRES LOG NA111 : BRIDGIH PHASF II L PA FA NON- PUBLIC CONSENT HEARING: NO Adopt Resolution Authorizing Execution of a Local Project Advanced Funding Agreement in the Amount of $1,408,989.00 with the Texas Department of Transportation for Preliminary Engineering, Environmental Assessment, Right -of -Way Acquisition and Utility Relocation to Widen Garden Acres Bridge for Six Lanes Over IH 35W (COUNCIL DISTRICTS 6 and 8) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution authorizing the execution of a Local Project Advanced Funding Agreement in the amount of $1,408,989.00 with the Texas Department of Transportation (TxDOT) for preliminary engineering, environmental assessment, right-of-way acquisition and utility relocation to widen Garden Acres Bridge for six lanes over IH 35W; and 2. Authorize initial payment to TxDOT in the amount of $49,762.68 to conduct review of plans, schematics and engineering in accordance with the Local Project Advanced Funding Agreement. DISCUSSION: Execution of this Local Project Advance Funding Agreement (Funding Agreement) in the amount of $1,408,989.00 allows the Texas Department of Transportation (TxDOT) to review the plans, schematics and engineering of Garden Acres Bridge Phase II. Garden Acres Bridge Phase II will widen the existing bridge for six lanes and include bike lanes, sidewalks and traffic and pedestrian si g nals. Garden Acres Bridge is a six lane principal arterial on the City's Master Thoroughfare Plan with bike lanes on the City's Bike Fort Worth Plan. The 2008 Capital Improvement Program (2008 CIP) approved funding in the amount of $6,000,000.00. Currently, the bridge is a two lane facility with stop signs at the frontage roads. On March 11, 2011, the City of Fort Worth executed a professional engineering services Agreement (City Secretary Contract No. 41583) with Kirnley-Horn and Associates, Inc., in the amount of $14,500.00 to identify low-cost traffic operational improvements that could be implemented within a year to reduce congestion on Garden Acres Bridge. The improvements identified include dedicated left -turn lanes with temporary traffic signals at the frontage roads. TxDOT agreed with these improvements and supported implementation of them under the State permit process. On December 6, 2011, City Council authorized execution of a professional engineering services Agreement with Kimley-Horn and Associates, Inc., in the amount of $66,000.00 to design the low-cost traffic operational improvements as Garden Acres Bridge Phase I. Phase I will start construction in summer 2012 with completion in fall 2012. On May 15, 2012, City Council authorized execution of a professional engineering services Agreement with URS Corporation in the amount of $485,932.58 for engineering, environmental, right- of-way and utilities of Garden Acres Bridge Phase II to widen the bridge for six lanes including bike lanes, sidewalks and traffic and pedestrian signals. http://apps.cfwnet.org/council_packet/me review.asp?ID-172008ccouncildate 8/14/2012 8/24/2012 M&C Review rage 2, or L Funding for the construction costs will be paid to TxDOT from the 2008 Bond Program and will be recorded as Cash being held by Trustee. Once construction begins, funds will be expensed based on progress reports as they are received from TxDOT. This project is located in COUNCIL DISTRICTS 6 and 8. FISCAL INFORMATION/CERTIFICATION,: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements 2008 Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 21 C204 106000 000000180200 $49,762.68 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS MAP McPHERSON GARDEN ACRES pdf Resoluction-Garden Acres Bndae Phase If .doc Fernando Costa (6122) Douglas W. 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RETTA FOX reaTe it red 1— :0 UNTI----' .O AD 0B VV BETHESDA. f'- 6000 9000 rt Ile It L k1 opyright 2011 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for (formational purposes and may not have been prepared fororbe suitable for legal, engineering, or surveying purpose& does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. ie City of Fo rt Worth assumes no respon sibi6ty for the accuracy of said data. PROJECT# 01802 DOE# 6749 MAPSCO 119B