HomeMy WebLinkAboutContract 43933 CITY SECRETARY CSJ # 1 068-05-009
CONTRACT NO.
pct# 02-Fort Worth
Code Chart 64 #15000
Project: IH 30 Interchange
at Walsh Ranch Parkway
STATE OF TEXAS §
COUNTY OF TRAVIS §
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 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 Numbers 112824 and 113073
authorizes the State to undertake and complete a highway improvement generally described as
construct interchange at Walsh Ranch Parkway; 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 installation
of six (6) decorative poles, 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 a , the
State and the Local Government do agree as follows:
OFFICIAL RECORD
AGREEMENT CITY SECRETARY 'N'
FT. WORTH,TX
1. Time Period Covered
The period of this Local Project Advance Funding Agreement (LPAFA) is as stated in the Master
N)
Agreement Governing Local Transportation Project Advance Funding Agreements (MAFA), '.6
without exception.
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
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CSJ # 1068-05-009
District# 02-Fart Worth
Code Chart 64 #15000
Project: IH 30 Interchange
at Walsh Ranch Parkway
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.
8. 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 sLIpervise 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
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CSJ # 1068-05009
District# 02-Fort Worth
Code Chart 64 #15000
Project: IH 30 Interchange
at Walsh Ranch Parkway
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
The Local Government shall be responsible for the maintenance of-the safety lighting system
that consists of-the decorative illurnination poles, including the maintenance and replacement of
all hardware for the decorative illumination poles (light fixtures, mast arms, ballast, conductors,
cables, conduit, fuses, etc.), providing and funding for materials, equipment, labor, tools, and
incidentals necessary to provide a functional lighting system, after construction is complete and
the system is operational.
The State shall be responsible for the electrical costs for the safety lighting system that consists
of decorative illumination poles and conventional illumination poles. In the event that the
proposed safety lighting system becomes part of a continuous lighting system, -the Local
Government shall be responsible for all maintenance and operations costs (which also include
the electrical costs).
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 Transportation & Public Works Director of Contract Services
City of Fort Worth Texas Department of Transportation
1 000 f h rockmorton 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.
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•
CSJ # 1 068-05--009
District# 02-Fart Worth
Code Chart 64 #15000
Project: 1H 30 Interchange
at Walsh Ranch Parkway
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 1 566 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.
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CSJ# 1068-05-009
District# 02-Fort Worth
Code Chart 64 #15000
Project: IH 30 Interchange
at Walsh Ranch Parkway
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT: C4t�4c�rt Worth
p�FoFOpruaa�0
00 ATT ST: � p'`���°� ��Q�� City of Fort Worth
�° oZ'd BY
City Secre A� °o o°*pup Fernando Costa
a 0.°�0000.00 q-a Assistant City Manager
pfiks�,q,Cr
APP OV AS ORM AND LEGALITY APPROVAL RECOMMENDED
By By �J
Assistant City Attorney Dougl W. Wiersig, E
Director
Transportation and Pu is Works
Date:
THE STATE OF TEXAS
IOK��
G.A. Khankarli, P.E.
Asst. Regional Director
Date
OFFICIAL RECORD
CITY SECRETARY
FT,WORTH,"1'X
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+ CSJ# 1068-05-009
District # 02-Fort Worth
Code Chart 64 #15000
Project: IH 30 Interchange
at Walsh Ranch Parkway
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's estimated cost is $39,000.00, for the purchase of six (6) decorative poles to
be placed on the new interchange at Walsh Ranch Parkway and IH 30.
Payment by the Local Government to the State $39,000
This is an estimate. The final amount of Local Government participation will be based on actual
costs.
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