Loading...
HomeMy WebLinkAboutContract 55224 DocuSign Envelope ID: D323F828-E5FA-467D-AC9E-75AC6A64AC33 CSJ# 0008-14-134 District# 02-Fort Worth Code Chart 64# 15000 Project Name IH 820/Marine Creek Parkway STATE OF TEXAS § COUNTY OF TRAVIS § CSC No.55224 AGREEMENT For A LOCAL ON-SYSTEM IMPROVEMENT PROJECT THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State", and the City of Fort Worth, acting by and through its duly authorized officials, called the "Local Government." The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 115550, authorizing the State to accept Local Government funded projects performed on the state highway system. The project covered by this Agreement includes only work within the state right of way as described in the Agreement, Article 2, Scope of Work (Project); and, WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution, ordinance, or commissioners court order dated August 4, 2020, which is attached to and made a part of this Agreement as Attachment A, Resolution, Ordinance, or Commissioners Court Order (Attachment A) for the improvement covered by this Agreement. A map showing the Project location appears in Attachment B, Project Location Map (Attachment B), which is attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the completed Project is accepted by the State or unless terminated as provided below. OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Page 1 of 7 LOSA Rev 07/17/2019 DocuSign Envelope ID: D323F828-E5FA-467D-AC9E-75AC6A64AC33 CSJ# 0008-14-134 District# 02-Fort Worth Code Chart 64# 15000 Project Name IH 820/Marine Creek Parkway 2. Scope of Work The Project consists of constructing a separated U-turn for the IH 820 eastbound frontage road to westbound frontage road traffic at Marine Creek Parkway. Also, a pedestrian trail will be constructed adjacent to the northbound Marine Creek Parkway lanes. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in Attachment C, Local On-System Improvement Project Budget (Attachment C), which is attached to and made a part of this Agreement. The estimated funds from the Local Government are shown in Attachment C. The State will pay for no Project costs performed by or managed by Local Government under this Agreement. B. Attachment C shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way); (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project costs. C. The Local Government shall be solely responsible for all of its costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost overruns for the Project in excess of the estimated amount to be paid by the Local Government on Attachment C. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment C. If the State determines that the on-system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State's waiver of its direct or indirect costs shall be indicated on Attachment C by showing the State as responsible for these costs. When the Local Government is responsible for the State's direct or indirect costs, the amount indicated on Attachment C is a fixed fee and not subject to adjustment except through the execution of an amendment to this Agreement. D. Prior to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment C. E. 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" or may use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Financial Management Division. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on the Project within 12 months after execution of the Agreement. G. The Local Government will complete construction and receive the State's acceptance of the project within 12 months after the date the State authorizes in writing for the Local Government to commence construction of the Project. H. If the Local Government chooses not to or fails to complete the work once construction on the Project commences, the State may terminate this Agreement in accordance with paragraph 4.C. below. The State may address unfinished construction work as it determines necessary to protect the interests of the State, which includes returning the Project area to its original condition or completing the work using State forces or Page 2 of 7 LOSA Rev 07/17/2019 DocuSign Envelope ID: D323F828-E5FA-467D-AC9E-75AC6A64AC33 CSJ# 0008-14-134 District# 02-Fort Worth Code Chart 64# 15000 Project Name IH 820/Marine Creek Parkway contractors. The Local Government shall pay all costs incurred by the State under this provision. 4. Termination of this Agreement This Agreement shall remain in effect until the Project is completed and accepted by the State, unless: A. The Agreement is terminated in writing with the mutual consent of the parties; B. The State terminates the Agreement in writing due to the Local Government's failure to comply with paragraphs 3.F or 3.G; or C. The Agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party. 5. Amendments Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. Amendments may not include the addition of State or Federal funds. If any funds other than Local Government funds are proposed, this Agreement must be terminated and a new agreement with appropriate terms and clauses executed in its place. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. The Project design shall, at a minimum conform to applicable State manuals. The State shall review the plans, specifications, and estimates provided by the Local Government upon completion or at any time deemed necessary by the State. Should the State determine that the complete plans, specifications, and estimates for the Project are not acceptable, the Local Government shall correct the design documents to the State's satisfaction. Should additional specifications or data be required by the State, the Local Government shall redesign the plans and specifications to the State's satisfaction. The costs for additional work on the plans, specifications, and estimates shall be borne by the Local Government. 8. Environmental Assessment and Mitigation Development of a transportation project must comply with applicable environmental laws. The Local Government is responsible for: A. The identification and assessment of any environmental problems associated with the development of the Project governed by this Agreement. B. The cost of any environmental problem's mitigation and remediation. Page 3 of 7 LOSA Rev 07/17/2019 DocuSign Envelope ID: D323F828-E5FA-467D-AC9E-75AC6A64AC33 CSJ# 0008-14-134 District# 02-Fort Worth Code Chart 64# 15000 Project Name IH 820/Marine Creek Parkway C. Providing any public meetings or public hearings required for development of all required environmental documents and obtaining all required permits and approvals. D. The preparation of documents required for the environmental clearance of the Project. Before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances and approvals have been obtained. 9. Right of Way and Real Property The Local Government shall acquire all required right of way and necessary right of entry for performance of the Project in accordance with applicable requirements of the Texas Department of Transportation Right of Way Manual, State law, and Federal law governing the acquisition of real property including but not limited to Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.A. Section 4601 et seq. Right of way acquired for improvements to the state highway system shall be acquired in the name of the State. Local Government shall provide right of entry to State personnel and its authorized representatives to areas off the state highway system throughout the duration of the Project for the State to perform inspection and oversight of the Project. 10. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities for the Project in accordance with applicable State and Federal laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. 11. Compliance with Texas Accessibility Standards and ADA Local Government shall ensure that the plans for and the construction of the Project are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 12. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. Project plans and specifications for improvements on the state highway system must be approved by the State prior to advertising for construction. Upon selection of a contractor and prior to commencing construction within the state highway system right of way, the Local Government shall request and obtain written authorization to commence construction of the Project from the State. The Local Government will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure Page 4 of 7 LOSA Rev 07/17/2019 DocuSign Envelope ID: D323F828-E5FA-467D-AC9E-75AC6A64AC33 CSJ# 0008-14-134 District# 02-Fort Worth Code Chart 64# 15000 Project Name IH 820/Marine Creek Parkway that the construction is accomplished in accordance with the approved plans and specifications. All construction change orders impacting the proposed improvements, traffic control, environmental mitigation, or drainage on the state highway system require written pre-approval by the State prior to execution by the Local Government. B. Upon completion of the Project, the Local Government will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. A copy will be provided to the State prior to State's final acceptance of the improvements. C. Prior to the State's acceptance of the improvements on the state highway system, Local Government shall furnish to the State written certification from a Texas Registered Professional Engineer that the Project was constructed in substantial compliance with the Project's plans, specifications, and quality assurance requirements. 13. Project Maintenance After Local Government completion of the work and acceptance by the State, the State will be responsible for maintenance of the improvements within the state highway system right of way outside the boundaries of an incorporated city. This obligation may be fulfilled through other agreements signed by the State. 14. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government State Transportation & Public Works Program Manager Director of Contract Services City of Fort Worth Texas Department of Transportation 200 Texas Street 125 E. 11 th Street Fort Worth, Texas 76102 Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this Agreement. 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 notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 15. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 16. 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. Page 5 of 7 LOSA Rev 07/17/2019 DocuSign Envelope ID: D323F828-E5FA-467D-AC9E-75AC6A64AC33 CSJ# 0008-14-134 District# 02-Fort Worth Code Chart 64# 15000 Project Name IH 820/Marine Creek Parkway 17. Ownership of Documents Upon completion or termination of this Agreement, copies of all documents and data prepared under this Agreement by the Local Government for improvements within the state highway system right of way shall be provided to the State prior to State acceptance of the Project without restriction or limitation on their further use. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any Project information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 20. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred and engineering inspection and testing services performed under this Agreement and shall make such materials available to the State and the Local Government or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of completion of work defined under this Agreement or until any impending litigation or claims are resolved. Additionally, the State and the Local Government and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 21. Insurance Before beginning work on the state highway system, the Local Government and its contractor 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. Self- insurance documentation acceptable to the State may be substituted for all or part of the coverage's required for the Local Government. 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. 22. Pertinent Non-Discrimination Authorities During the performance of this Agreement, the Local Government, for itself, its assignees, and successors in interest agree to comply with all applicable Federal and State nondiscrimination statutes and authorities. Page 6 of 7 LOSA Rev 07/17/2019 DocuSign Envelope ID: D323F828-E5FA-467D-AC9E-75AC6A64AC33 CSJ# 0008-14-134 District# 02-Fort Worth Code Chart 64# 15000 Project Name IH 820/Marine Creek Parkway 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. Each party is signing this agreement on the date stated under that party's signature. DocuSigned by THE STATE OF TEXAS --DorTNFwL,OCAL GOVERNMENT shoftf Lo. 64hff R224A 6Nf Signature Signature Kenneth Stewart Dana Burghdoff Director of Contract Services Assg' Ni 2q�� Manager 8/26/2020 Date Date OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Page 7 of 7 LOSA Rev 07/17/2019 NO. SK7-00-2020 A RESOLUTION AUTHORIZING THE EXECUTION OF A LOCAL, ON-SYSTEM IMI'HUYEINEm,YwJI ur wrl'm THE 'I'E CAS mrAR MLINT OF FNANSIURTATI014 IN THE AMOUNT OF $2,435,490.00, OF WHICH CITY PARTICIPATION IS $2,190,000, FOR IMPROVEMENTS TO INTERSTATE HIGIF WAY 820 AT MARINE CREED PARKWAY WHEREAS, thr City of Port Wnklh ("City')rietrirec to improve a pnrtinn of the State of Texas- highway system,Interstate Highway 820("I1I-920')at Marine Creek Parkway,which is maintained and operated by the Texas Department of Transp motion C'T DOT"�;and WHEREAS, the NW Loop 820 and Marine Creek Parkway Phase I Project will provide for operational improvcmmt and increased int motion capacity to the highway system by installing a dedicated U-turn Iane and pedestrian and bicycle improvements under IH-820;and WHEREAS,TXDOT supports the City's efforts to improve traffic congestion and odd pedestrian and bicycle access at this iocatien;and WHEREAS, TXDOT waives the direct and indirect costs in the arneunt of$245,490.00; and WHEREAS,the City desires to enter into a Local On-System 1mp7ovcment Project with the Texas Department of Transportation for i:mprovcments to Interstate highway 820 at Marine Crcck Parkway in the amount of$2,435,490 with City participation in the amount of$ ,190,000.00; NOW,THEREFORE, HE IT RESOLVED BY TILE CITY COUNCYL OF THE CITY OF FORT WORTH,TEXAS: The City Manager is hereby authorized to execute a Local Ori-System Improvement Project with the Texas Department of 'Transportation in the estimated amount of $2,435.490.00, with City p art icipatiosn in the expected amount of$2,190,000.00, for improvements to Interstate Highway 820 at Marine Creek Parkway. Adopted taxis dth day of Allgui;t 2024. ATTEST VRirr 1 By: '`•. Mary J. Kayser, City Secretary Q; i DocuSign Envelope ID: D323F828-E5FA-467D-AC9E-75AC6A64AC33 ATTACHMENT B PROJECT LOCATION MAP IH 820 and Marine Creek Parkway Intersection Improvement 0 0.25 0.5 1 v Miles 5 Feet f 9 fi r+r� MARINE CREEK PKWY11 ETAIL�CF+PRO. ECT-LOCATION i�- Page 1 of 1 LOSA Attachment B DocuSign Envelope ID: D323F828-E5FA-467D-AC9E-75AC6A64AC33 ATTACHMENT C LOCAL ON-SYSTEM IMPROVEMENT PROJECT BUDGET (Locally Funded and Performed Project) The Local Government is responsible for 100% of the costs allocated to it as described below, including overruns. Description Estimated Costs Subtotals PROJECT PHASES: Work performed by the Local Government or its Consultant or Contractor Environmental $40,000 Right of Way $0 Engineering $300,000 Utility Work $0 Construction $1,850,000 Subtotal for Project Phases $2,190,000 DIRECT STATE COSTS: Paid By: ❑ Local Government 0 State Environmental $2,000 Right of Way $1 Engineering $15,000 Utility Work $1 Construction $129,500 Subtotal for Direct State Costs $146,502 INDIRECT STATE COSTS: Paid By: ❑ Local Government 0 State Subtotal for Indirect State Costs $98,988 TOTAL ESTIMATED COST OF PROJECT $2,435,490 Fixed price amount of payment by the Local Government to the State for N/A the State's direct and indirect costs as stated in Article 3, C and D of the Agreement. Page 1 of 1 LOSA Attachment C DocuSign Envelope ID:90E35D72-C6EE-402D-B587-D91659508CD6 LOCAL ON-SYSTEM IMPROVEMENT PROJECT CSJ: 0008-14-134 PROJECT NAME: IH 820/MARINE CREEK PARKWAY ADDITIONAL ROUTING SIGNATURES CITY OF FORT WORTH Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requiremlenL=i,ocusigned by: Derek A. White,JM_iJ1 PE / l '/ Q' Name of Employee/Signature cooxi�-t9955Y43 Title: Senior Project Manager Email: derek.white@fortworthtexas.gov APPROVAL RECOMMENDED: DocuSigned by: BY: tMulAwt ,,OSbl�t William M.Johnson, Director Transportation and Public Work Email: @fortworthtexas.gov CONTRACT AUTHORIZATION M&C: 20-0501 Date Approved: _08/04/2020� Form 1295: N/A APPROVED AS TO FORM AND LEGALITY: L0ABIE472TST36=­ DouglasDocuSigned by: BY: bW�.A.S 6A& W. Black Senior Assistant City Attorney Email: douglas.black@fortworthtexas.gov AppF��Rr�ad ATTEST AS TO CITY MANAGER SIGNATURE: a o 00 0 D"uSignedby: �c I I 0."41 00000o Mary J. Kayser da .d a City Secretary OFFICIAL RECORD Email: mary.kayser@fortworthtexas.gov CITY SECRETARY FT.WORTH, TX 1/25/2021 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTII DATE: 8/4/2020 REFERENCE **M&C 20- LOG NAME: 20IH820 AT MARINE CREEK NO.: 0501 PKWY LOSA CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. Adopt a Resolution Authorizing Execution of a Local On-System Improvement Project with the Texas Department of Transportation in the Total Amount of $2,435,490.00, with City Participation in the Amount of $2,190,000.00, for the NW Loop 820 & Marine Creek Parkway Project Phase I (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution authorizing the execution of a Local On-System Improvement Project with the Texas Department of Transportation for the NW Loop 820 & Marine Creek Parkway project phase I in the amount of$2,435,490.00, with City Participation in the Amount of $2,190,000.00, and waiver of direct and indirect state costs in the amount of $245,490.00 (City Project No. 101585). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to adopt a Resolution authorizing the execution of a Local On-System Improvement Project (LOSA) with the Texas Department of Transportation (TxDOT). The LOSA details the responsibilities of both the City of Fort Worth (City) and TxDOT in the execution and implementation of the project. This LOSA is a new type of TxDOT permit that allows the City to implement improvements on a state highway system using local funding. This project is included in the 2018 Bond Program to construct intersection improvements to relieve traffic congestion, reduce vehicular delays and increase safety. This phase will construct a U-Turn from the eastbound frontage road to the westbound frontage road adjacent to the southbound lanes on Marine Creek Parkway while a pedestrian trail will be constructed adjacent to the northbound lanes. For phase two of the project, staff will be pursuing federal participation to construct median improvements which will require the execution of Advance Funding Agreement (AFA)with TxDOT. The City Council increased the estimated receipts and appropriations in the amount of$2,996,851,90 to the NW Loop 820 & Marine Creek Parkway project phase I (City Project No. 101585) for project management, engineering design, and construction (M&C G-19306 & M&C 20-0234). The City will be responsible for 100\% of project overruns. For the direct and indirect state costs, TxDOT is waiving fees in a total amount of $245,490.00 for its review and oversight. There will be no project reimbursements for phase one. This project is included in the 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with the project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance Nos. 21241-05-2014 and 23209-05-2018) and subsequent actions taken by the Mayor and Council. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2018 Bond Program and 2007 Critical Capital Projects Funds NW Loop 820 & Marine Creek Pkwy project to support the approval of the above recommendation. Prior to any apps.cfwnet.org/council_packet/mc_review.asp?I D=28070&councildate=8/4/2020 1/2 1/25/2021 M&C Review expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Lissette Acevedo (2722) ATTACHMENTS 820&MCP-LocationMap.pdf DOC-101585-20200706-INT IH820MarineCreek Resolution(7.14.20).docx apps.cfwnet.org/council_packet/mc_review.asp?ID=28070&councildate=8/4/2020 2/2