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HomeMy WebLinkAboutContract 29608 r' CSJ: 0902-48579 3-�-o 1-o 4 P O 3 �3 5-_. ,R C V d o .-u , _ u . ,� North Tarrant Parkway from I H 35W to US 287 Tarrant County THE STATE O F TEXAS § 01--28-C)4 :0 7R C V D CITY SE CONTRACT QREI'A NO.THE COUNTY OF TRAVIS § LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) FOR VOLUNTARY TRANSPORTATION IMPROVEMENT PROJECTS (OFF,-SYSTEM) THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Fort Worth, acting by and through its City Council, hereinafter called the Local Government. WITN ESSETH WHEREAS, Transportation Code, chapter 201 and Transportation code, chapter 221 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, Commission Minute order Number 85094 authorizes the State to undertake and complete a highway improvement generally described as the review of the schematic for North Tarrant Parkway from IH35W to US 287; 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 the review of the schematic for North Tarrant Parkway from IH 35W to US 287, hereinafter called the "Project'; and, WHEREAS, Transportation code, §20'1.209 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 there 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 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 item �� t�I K IIT responsibility p of the Local Government and will be carried out and completed b t•`�K �'- '`' P Government, at no cost to the State. ,� TY 3ra Pt E�!w FP1 Page I of 1 crea�e�4170 CSJ: 0902-48-579 Noah Tarrant Parkway from I H 35W to US 287 Tarrant County Texas Government Code, Chapter 2108 requires the State to recover indirect costs associated with this agreement as calculated based on prevailing rates specified in the State's Indirect Cost Recovery Program. Article 3. Right of Access. Not Applicable. Article 4. Responsibilities of the Parties. Responsibilities of the Parties will be under the conditions as provided for in the MAFA, without exception. Article 5. 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. Article 8. Interest. Interest will be under the conditions as provided for in the IVIAFA, without exception. Article 7. 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 worts 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 8. increased Costs. Increased cost will be under the conditions as provided for in the MAFA, without exception. Article g. Maintenance. Not Applicable. Article 10. Termination= Termination of this LPAFA shall be under the conditions as stated in the IVIAFA, without exception. Article 11 Notices. Notices of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Local Government: Robert D. Goode, P.E. Director of Transportation & Public Works City of Fort Worth 1000 Throckmorton Fort Worth, Texas 78102 Article 12. sole Agreement. Sole Agreement of this LPAFA shall be under the to in the IVIAFA, without exception. Page 1 of 1 Created 4/13/02 ........................................................ CSJ: 0902-48-579 North Tarrant Parkway from 1H 35W to US 287 Tarrant County Article 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. Article 14. Amendments. Amendments to this LPAFA shall be made as described in the MAFA, without exception. Article 15. 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 15. 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. 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 approved and authorized by the Texas Transportation Commission. By------ .� . Maribel V1. Chavez,t P.E. District Engineer bate d1l Id THE LOCAL.-GOVERNMENT �"l A T T 7(sa WT' ' A, R 0 E D: .......... Glori6Pearson Marc Oft City S-ecr Assistant City Manager Contract Au jorizat o n Date: C�9/0 Date: T . APPROVED AS TO FORM AND LEGALITY: APPROVAL RECOMMENDED: C 10; Gary Stein in brger Robert Goode, P.E. Assistant City Attorney Director, Transportation/ Public Works Departmen Date: 0 ilT I 14."L. D 4D r ri- Page 1 of 1 ('rleaied 4,113M/O -48-579 CSJ: 0902 North Tarrant Parkway from l 35W to US 287 Tarrant County Attachment A Payment Provisions and Work Responsibilities 1, Payment Provisions The Local Government will provide 100% of the funding for the State to review the schematic for the portion of North Tarrant Parkway from l 35W to US 287 The amount of funds required is 1-15-,000. Once this agreement is executed, the Local Government will forward a check or warrant made payable to the Texas Department of Transportation in the amount of 1151000. 2. Work Res onsibilities The State will review and comment on the schematic, for North Tarrant Parkway from IH 35W to US 2879, bra � r7 �`a�� �� DD DD D] Page 1 of 1 eat eiTud 2 Citv of o Worth,. Texas Mavnl,,. r and Counc'11 ic.,.uon -------------- COUNCIL ACTION: Approves on 1113/2004 DATE: Tuesday, January 13, 2004 LOG WANE: 2020PRESIDIO REFERENCE NO.: **C--9929 SUBJECT: Approval of Local Project Advance Funding Agreement with the Texas Department of Transportation and Approval of Advance Funding Agreement with Presidia Vista 1, Ltd. for the Schematic Design of Noah Tarrant Parkway from IH-35W to US287 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute the Advance Funding Agreement accepting $15,000 from Presidia Vista 1, Ltd. for the Texas Department of Transportation's (TxDOT) review of schematic design plans for North Tarrant Parkway from I H-35W to US287; and 2. Authorize the City Manager to execute the Local Project Advance Funding Agreement with TxDOT in the amount of $15,000 for review of the schematic design plans for North Tarrant Parkway from IH-35w to US287; and 3. Authorize payment to TxDOT in the amount of$15,000 for review of the schematic design plans for the project. DISCUSSION: A developer, Presidio Vista 1, Ltd., prepared schematic design plans for North Tarrant Parkway from IH- 35W to US287 and requested that the City subunit the plans to TxDOT for review. The Texas Transportation Commission Minute Carder Number 85094 authorized TxDOT to review the schematic plans, and TxDOT prepared a Local Project Advance Funding Agreement with the City in the'amount of $15,000 for review of the plans. City staff prepared an Advance Funding Agreement with Presidio Vista 1, Ltd. to reimburse the City for costs incurred by the City under its agreement with TxDOT. The Transportation and Public Works Department will be responsible for the' collection of these funds. North Tarrant Parkway from 1H-35W to US287 is shown as a principal arterial street as an amendment to the City's 2001 Master Thoroughfare Plan. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that funds are available in-the current capital budget, as appropriated, of the Critical Capital Projects Fund. Logname. 2020PR SIDIO Page l of 2 TO 1Fund/AccountlCenters FROM Fund/Account/Centers 0115 531250 024116021224 $'I5,C3d0.00 Subrn ited for City Mana er's Office Marc Oft (8476) Ori-ginafing Department H.ead:. Robed Goode (7804) Additional Information Contact; Robert Goode (?804) Lognarne: 2020PRFSIDIO Page 2 of 2