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Home My WebLink AboutContract 44809 (2)�� , ��, �� ` , , CSJ #0504-02-022 �� o � �� '% District # 02-Fort Worth ode Chart 64 #15000 Project: SH 121 from Aborlawn Drive to Overton Ridge STATE OF TEXAS COUNTY OF TRAVIS � 0 LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH On System THIS AGREEMENT 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 authorized 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 111808 and 112048 authorizes the State to undertake and complete a highway improvement generally described as construct new interchange with IH 20/SH 183 for SH 121 toll road from South of Arborlawn Drive to South of Overton Ridge Boulevard; 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 to modify landscape pavers at Overton Ridge and Arborlawn, add anti-graffiti coating at retaining walls and modify pedestrian signals, 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: p------- —�� N � � � � � AGREEMENT �,� �+�, � �' �� , 1. Time Period Covered .r..� ,�.., _- 2. �::.� � �� L� la �r�9C��'�`��.�I; �'�� The period of this Local Project Advance Funding Agreement (LPAFA) is�s=state�d.i�=t�-AA Agreement Governing Local Transportation Project Advance Funding Agreements (MAFA), without exception. 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 AFA—LPAFA_VolProj Page 1 of 4 �� c� I V� C� 1�UG 2 2��vised 01 /23/2013 CSJ #0504-02-022 District # 02-Fort Worth Code Chart 64 #15000 Project: SH 121 from Aborlawn Drive to Overton Ridge 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 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. 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 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. 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 AFA—LPAFA_VolProj Page 2 of 4 Revised 01/23/2013 CSJ #0504-02-022 District # 02-Fort Worth Code Chart 64 #15000 Project: SH 121 from Aborlawn Drive to Overton Ridge 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. Landscape brick pavers and Anti-graffiti paint will be the responsibility of the City to maintain. 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: Director of Contract Services Office Director of Transportation and Public Works Texas Department of Transportation City of Fort Worth 125 E. 11 t" Street 1000 Throckmorton 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. 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 AFA—LPAFA VolProj Page 3 of 4 Revised 01/23/2013 CSJ #0504-02-022 District # 02-Fort Worth Code Chart 64 #15000 Project: SH 121 from Aborlawn Drive to Overton Ridge 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. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT: City of Fort Worth ATTEST: '> ,� APPROVE S TO FORM AN By , Assistant City Attorney J�� d-� _� � - Z6�3 �liJ 1L•• i3 �� .z .� : City of Fort Worth �� Fernando Costa Assistant City Manager PPR AL RECOMMENDED �-.%. C,�i Dougla� W. Wiersig, P.E. Director Transportation and Public Works Date: �� T�iE STATE � .� i . � � �� Interim District Engineer �i_ 0`�—l3 Date �. t,., �•� C� ; , t � ! � AFA—LPAFA_VolProj Page 4 of 4 Revised 01/23/2013 CSJ #0504-02-022 District # 02-Fort Worth Code Chart 64 #15000 Project: SH 121 from Aborlawn Drive to Overton Ridge Not Research and Development Attachment A PAYMENT PROVISION AND WORK RESPONSIBILITIES Costs will be allocated based on 100% Local Government funding. The Local Government will be responsible for 100% of the costs. The Local Government has no work responsibilities. The Local Government's estimated cost is $177,959.00, to modify landscape pavers at Overton Ridge and Arborlawn Drive, add Anti-graffiti coating at retaining walls and modify pedestrian signals. Initial Payment by the Local Government to the State $177,959.00 Estimated total payment by the Local Government to the State $177,959.00 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 �City of Fort Worth, Texas Mayor and Council Gommunication _ _ ": COUNCIL ACTIONt Approved vn 7/'16/2013 = Resolution Na`4219-07=2013 DATE: Tuesday, July 16, 2013 LOG NAME: 200VERTON RIDGE/ARBORLAWN LPAFA REFERENCE NO.: **C-26340 SUBJECT: Adopt Resolution Approving a Local Project Advance Funding Agreement with the Texas Department of Transportation in the Amount of $186,050.00 for Additional Chisholm Trail .Parkway Features and Authorize Payment in the Amount of $177,959.00 for the City's Portion of Construction and Direct State Costs to Modify Landscape Pavers and Pedestrian Signals and Add Anti-Graffiti Coating at Retaining Walls at Overton Ridge Boulevard and Arborlawn Drive as Part of the Chisholm Trail Parkway Project (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resotution approving a Local Project Advance Funding Agreement with Texas Department of Transportation in the amount of $186,050.00; and 2. Authorizing a payment in the amount of $177,959.00 to Texas Department of Transportation for construction and direct State costs to modify landscape pavers and pedestrian signals, and add anti- graffiti coating at retaining walls at Overton Ridge Boulevard and Arborlawn Drive. DISCUS910N: Texas Transportation Commission Minute Order Numbers 111808 and 112048 authorizing the State to construct the new interchange with IH2O/SH 183 for SH 121 toll road from South of Arborlawn Drive to South of Overton Ridge Boulevard did not include modifying the landscape pavers and pedestrian signals and add anti-graffiti coating at retaining walls at Overton Ridge Boulevard and Arborlawn Drive. The Local Project Advance Funding Agreement (LPAFA) provides for the inclusion of these elements and the financial responsibilities of both the City and Texas Department of Transportation (TxDOT) as listed in Table A. Table A iDescription Canstruction Total federal Estimate participation Cost -- -- - --------- ---- __ - --- _ -- -- '$158,651.00 $0 �Direct State Costs (construction inspection and oversight) $ 19,308.00 $0 State Participation ;.�i,. � Local 'Participation $158,651.00 $ 19,308.00 T.noname• �nC�VF.RT(�N RTT�C'TF,/ARRnRT,AWN i,PAFA Pa�?e 1 of2 Indirect State Costs TOTAL i '$ 8,091.00 _; $186,050.00 �. � ;� i I$ 8,091.00 �__ ;$ 8,091.00 �. � , __ ;$177,959.00 This modification will ensure that these intersections are consistent with the other arterial intersections on the Chisholm Trail Parkway. Funding is part of the 2004 Bond Program. This project is located in COUNCIL DISTRICT 6, Mapsco 102C and 102D. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the SH121T Southwest Parkway Fund. FUND CENTERS: TO Fund/Account/Centers 2) C221 104000 203210000583 CERTIFICATIONS: Submitted for City Manager's Office b� Originating Department Head: Bryan Beck (7909) Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) Douglas W. Wiersig (7801) Jim Walker (8009) ATTACHMENTS 1. Arborlawn LPAFA Resolution FINAL 6 27 13.doc 2. C221 00005.docx (CFW Internal) 3. Overton Ridae LPAFA.pdf (CFW Internal) T,nr7name� 2_�nVFRTnN R1I�GF,/ARRORLAWN LPAFA (Public) $177.959.00 Pa�e 2 of 2 , Texas Department of Transportation ° 2501 SOUTHWEST LOOP 820 � FORT WORTH, TEXAS 76133 �(817) 370-6500 � WWW.TXDOT.GOV September 10, 2013 RE: SH 121 From Aborlawn Drive to Overton Ridge CSJ: 0504-02-022 Tarrant County Bryan Beck, P.E. Regional Transportation Coordinator City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Dear Mr. Beck: Attached, for your files, is one fully executed original of the Local Project Advance Funding Agreement between the City of Fort Worth and the State for the above referenced project. All contractual matters concerning the agreement will continue to be handled by our Transportation Planning and Development office. If you should have any questions concerning this matter, please contact me at (817) 370-6997. Sincerely, C , _>-� ��C�:C'. c Rose Rodriguez � Transportation Planning & Development Office Fort Worth District Enclosures cc: Greg Cedillo, P.E., South Tarrant County Area Engineer OUR GOALS MAINTAIN A SAFE SYSTEM • ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY An Equal Opportunity Employer