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Home My WebLink AboutContract 28590,.? CIiY S�c��1P�i�� 4 CONYi�ACT t+� . „_ �� si�� o� i�X�s 0 iHl� �OUR��Y �F iF�I�IS § CS,�: 1068-02-111 Project Name: Insfallation of Bridge Rail at Beach and Oakland County: Tarrant ADV�f�CE FUR�DIlV(q l�GR��l�I�Ni FOI� VOLUNiARY TI�NSP�RTr4.iI�Td 1f��ROIA�l�➢I�N`� ��OJ�CiS {ONo�YS��fV➢} T�11S r4CR�LM�iV� I� II�AD� �Y A�� vV��iV the Sfiate af Texas, acting through the Texas Deparkment of Transportatian, hereinafter called the State, and the Citv of Fort Worth, acfing by a�d through its Citv Council, hereinafter cal[ed the Local Go�ernment. 1�ITRlESS�iH 1N�1�RF�►S, Transpor#a#ion Code, Chapter 201 and Transporta�ion Code, Chapter 221 authorizes the Sta#e to lay out, construct, maintain, and operate a system af streets, roads, and highways that comprise the State Highway System; an�, 1�HEREAS, Commission Minut� Order Numb�rs 107892 &� 07420 authorize the State to undertake and com�lete a�ighway impro�ement generally described as the re�lacement of both �he Beach Sfree# and Oaicland Boule�ard bridqes o�er IH 30; and, 11�'H�RG.�S, the Local Ga�ernment has requested #haf the State allow the Loca1 Go�ernment #o participate in said impro�ement by funding thafi portion of the impro�ement described as the insta[lation of Tvpe C201 Specia[ Rail on both the Beach Street and Oakland Boulevard bridqes, hereinafter called the "Project"; and, 1Nb�F�I�AS, the State has determined that such participation is in the besi interest of the ciiizens of the State; R�O�l, iFi�R�FOR�, in consid�ration of the prem�s�s and of the mutual cavenants and agreements of the parties hereto, to be by them respecfiveiy kept and performed as hereinafter set forth, fihe State and the Local Government do agree as follows: �►G��fl�i��' Article 1. iime �eriod �overed This agreement becomes effective when signed by the last party whose signing mak�s the agreement fully executed, and the State and the Locaf Go�ernment will consicfer it to be in fufl force and effect until fhe Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter pro�ided. �1r9:icle 2. projec4 Funding and'�1�ork F�esponsibili�ies The State will authorize the performance of onCy those Project items of work which the Local Government has requested and has agreed to pay for as deseribed in Attachment �'1, Payment Pro�ision and 1Nor[c Responsibilities whic� is attached to and made a part of this contract. In addition to identifying those i�ems of work paid for by payments to the State, ,�tt'��fl��+} � � Payment Provision and Wark Responsibilities, also specifies #hose Projec� i#em� oi �ru�l� �.a��, t��s responsibility of the Local Government and will be carried out and completed by,�th�� ac�1 � Go�ernment, at no cost to the Sfiate. jf � :;`�. _� AFAVoITIP Page 1 of 5 RevlsEd 4/9101 . � cs�: � oss-o2-� � � Project Name: Installation of Bridge Rail at Beach and Oakland Texas Government Code, Chapter 2106 requires the State to recover indirect costs associated with this agreement as calc�lated based on prevaEling rates specified in the S�afe's Indirect Cost Reco�ery Program. Arfiicl� 3. �ighf of �ccess If the Local Go�ernment is the owner af any part of the Projec# site, the Local Government shall permit fhe State or its authorized representative access to the sifie to perForm any acfi�ifies required to execute the work. The Loca1 Government will provide for all necessary right-of-way and ufi{ity adjustments needed far performance of #he work on sites not owned or to be acquired by the State. �icle 4. Responsibiliti�s of fihe �arkies The Local Go�ernmet�t acknowledges #hat while it is nof an ager�t, servan�, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on ihe Project. A�icle a. Documenfi and In�orma�ion �xchange The Lacal G�avernment agrees to elec�ronically deliver to the State all general notes, specifications, contract pravision requiremer�ts and related documentafion in a Microsoft0 Wo�-d or similar document. lf requested by the State, the Local Government will us� the State's doc�ment templ�a�e. The Local Go�ernment shal{ also provide a�etailed construction time estimate including types of acti�i�ies and month in the format required by the State. This requirement applies whefher the local entity creates the doc�men#s with its own fiorces or by hiring a consultant or professional provider. Arficle 6. ln4erest The State will not pay interesi on funds pro�ided by the Local Governmen#. Funds pro�ided by the Local Government will be d�posited into, and re�ained in, the State Treastary. ,�r�icle '�. Inspection and �onduc� o� Work. Unless otherwise sp�cif�caily stated in Attachment A, Payment Provision and Woric Responsibilities, fo this contract, the Staie will supervise and inspect all work performed h�reunder and pro�ide 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. Ali correspondence and instructions to the contraetor performing the work will be the sole responsii�ility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordanc� with the Standard Specificat'ions for Construction and Mainfenance of Highways, Streets, and Bridges ado�ted by the State and incorporated herein by reference, or special specifications a�proved by the State. �r�icle �, Incre�sed Cos�s In the e�ent it Es determined that the funding pro�ided by the Local Go�ernment will be insufficien� to co�er the State's cost for performance of �he Local Government's r�quesied work, the Local Government will pay to the State the additional fur�ds necessary to cover the anticipated additional cosf. The Sta#e shall send the Local Government a written notification stating the amount of additional funding r�eeded and stating the r�asaris far the needed additional funds. The Local Governm�nt shall �ay the funds to the Stafe within 30 days of the written natificafiion, unless otherwise agreed to by afl parties to #his agreement. If the Local Government cannofi pay the addi#ionaf funds, this contract shall be mutualfy terminated in accord with Article �. '' ��i�n,__If this is a fxed price agreement as s�ecified ir� Attachment A, Paymen� Pravision �p�or.� Responsibilities, this provisian shall anly apply in the event changed site conditi s,�� r��=n5��r� o� as mutually agreed upon by the State and #he Lacal Go�ernmenfi. ��-� � �E. ��J' t � _[ � _ -- --- - - -`_ i AFAVoITIP Page 2 of 5 Revised 419101 , CSJ: 106$-02-119 1 Project Name: lnstallation of Bridg� Rail at Beach and Oakland If any existing or fufure local ordinances, including, but not limited to, oufdoor atl�ertising billboards or storm water drainage facifity requirements, are more restricti�e than S�a�e or Federal Regulations, or any other locally proposed changes, including, but not limifed ta plats ar replats, result in increased costs, fihen, any increased costs associated with the ordinances or changes will be paid by the local entiiy. The cos# of pro�iding such right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, incluc�ing expenses related to relocation, removal, or adjustment of eligible utilifies. �,r�icle 9. IVlainfienance � Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project uniess otherwise specified in Attachment A to �his agreement. Ar�ic[e 10. iermination This agreement may be terminated in the following manner: ♦ by mutual writfien agreement and consent of both par�ies; � by either parly upon the failure of the other party to fulfiU the obl�gations set forth herein; o by the State if it determines that the �erformar�ce of the Project is not in the best interes� of the State. If the contract is terminateci in accordance with the abo�e provisions, the Local Government will be responsible for the payment of Projecfi costs incurred by the 5taie on behalf of the Loca[ Government up to the time of termination. A. In �he e�ent #he State determines that additional funding is required by the Local Go�ernment at any time during ihe development ofi the Project, th� State will notify t�e Local Government in writing. The Local Government will make payment to the State within thirty {30) days from receipt of the State's wri#ten notification. B. Upon comple#ian of the Projec#, the State will perForm an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by th� C ❑. E. owing party. � In #he event the Projecfi is not completeci, t�e State may seek reimburs�m�nt from the Locai Go�ernment of the expended funds. Tt�e Locaf Gavernment will remjt fhe required fiunds to the 5fiate within sixty (60) days from receipt of the State's notification. � The State will not pay interest on any funds pro�ided by fhe Local Go�ernment. The State will not execute the contract for the cotistruction of the Projecfi until the required funding has been made available by the Local Go�ernment in accordance wiih this Agreement. � 9 . i�o�ices All notices to either par[y by the other required under this agreement shall be deli�ered personally or sent by certified or U.S. mail, postage pre}�aid or sent t�y electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate wri�ten consent of the parties), addressed to such party at tl�e following addresses: Local Governmen�: Robert Goode, P.E. Directar of Transportation & Public Warks City of Fart Warth IOpQ Throckmortan Fort Wort�, Texas 76102 Sfiafie: Maribel P. Chavez, P.E. District Engineer Texas Department of Transpo ._ . _ P.O. Box 5868 �� 1 Forth. Worth, Te�a� 76115 F I - i�- _ _ , _, � � '�f— A�AVo171P Page 3 of 5 Revised 41910'i • . CSJ:1068-02-111 '� Project Name: lnstallation of Bridge Rail at Beach and Oakland All notices shall be de�med given on the date so delivered or so de}�osited in the mail, unless otherwise provided herein. Either pa�ty may change the above address by sending written nol�ice of the change fo the other party. Either party may r�quest in writing that such r�otices shall deli�ered persanafly ar by certified U.S. mail and such reque�t shall be t�onared and carried out by the ofher pa rty, �r�icle 12. Sole Agreement In the event the terms af the agre�ment are in conflict with the pro�isions of any other existing agreements �etween the Local Go�rernment and the State, the latest agreement shall take precedence o�er the ofher agreements in matters related #o the Projec#. �r�icle 13. Successors ar�d Assigns Tf�e State and tf�e Local Government each binds itself, its successors, executors, assigns, and administrators to ihe other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all co�enants of this agreement. �4rticle 94. �►mendmen�s By mutual written cansent of fhe parties, this contracfi may be ame�ded prior to its expiration. Avrfiicle 1 �. �ignatory d9larranfj� The signataries to �his agreement ►rvarrant that each has the au�harity �o enter into this agreemenf on behalf ofi th� party they represent. IR! Fli11TNE�S F!�lk�R�COF, iHFc Si.ATI� AND Tb� LOCAL GOV�f�NlIVI�N� have executed duplicate counterparts to effectuate this agreement. rb� s��►�� o� ��xAs Executed fior the Executive Director and appro�ed for the Texas Transportation Commission fior the , purpose and effect of activafing andlor carrying aut the orders, established policies or work programs heretofore approved and authorized by tF�e Texas Transportation Commission. By ��..�.�. �-°f,� Date � � %��??.� ,�,� District Engineer iW� ��C�L �OV�I�{�[V➢�NT ATTE�T: , I' � � ��`,� ,�ti�+ �f_ J.,� �� Gloria Pearson,�� City Secretary � Contra�t A�athori��tiQn �i -- ��:'��`� 1 Date: . . ' APPROVED AT TO F'ORM AND LEGALITY: �� Gary Steinberger J Assistant City Attor�ey Date: �I �Q1 � � ❑ate: a y-�- �.9—a S/ APPROVAL. RECOMMENDED: �� vi i �v�(r7�3 � �� e�f .._ '��#�YS Y . n!, ��„ �; 4 - - -_ -- _ � Robert Goode, P.E. � Director, Transportafionl � Public Works Department AFAVoITIP Page 4 of 5 Revised 4I9101 .i �ii��HflA�NT Ae ��ymenfi �ro�ision and 11Vork �esponsibilifiies Fh�or� Respensibilifies CSJ: � 068-02-111 Project Name: Installation o� Bridge Raif at Beach and Oakland The State will be responsible for the construction of the new rail on �ofh the Beach S�re�t and Oakland Boulevard bridges. The type of rail to be installed is Type C201 Special Rail. The Local Government will be r�s}�onsible for providing 100% of the �unding for the canstruction of the rail. The estimated cost of this project is �2�7,�7�.�7. A breakdow� of �he funding is as follows: Estimated Construction Cost: Pfus Engineering & Contingencies {7%}: Total: $26$,484.3fi 18.793.91 $2�7,27�.�7 Paymenf �rovision The Local Governmenfi, upon execution of fhe agreement, vuill remit a check or warranf made payable to the Texas Deparkmen� of Transportat�or� in the amounf of ��,��8.2i. These funds will �e used in the construction of the project. Advanca Funding Agreementfa� Volunfary Transporia#ion Page 5 of 5 Re�ised 419I01 Improvement Projects (an-system} City of �'o�t �o�th, Texas t��l� �ii1� ��I��1� ��i��f��M�1�i� DATE REFERENCE NUMBER LOG NAME PAGE 1�z8�o3 � C�1�451 D2BRIDGE � of2 suB�ECT APPROPRIATION ORDINANCES AND APPROVAL. OF ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO UPGRADE THE BRIDGE RAIL[NGS F�R BEACH STREET AND OAKLAND BOULEVARD BRI�GES OVER lH-30 RECOMMENDATION: �t is recommended that #he City Cour�cil: '�. Authorize the City Manager to execute an advance funding agreement with the Texas Department of Transporiation for upgrading the �ridge railings on new bridges being cans#ructed o�er IH-30 at Beach Street and Oakland Boule�ard in the amour�t of $376,000; and 2. Adopt the attached appropriation ordinance increasing esiimated receipts and appropriations �n the Special Assessments Fund by $376,OQQ from availabie funds; and 3. Authorize the transfer of $376,000 fram the Specia[ Assessments Fund to the Street Impro�ements Fund; and 4. Adapt the attached appropriation ordina�ce 'rncreasing estimated receipts and a�propriations in the Streef Improvements Fund by $376,000 from a�ailable funds for upgrading bridge railings at the Beac� Str�et and Oakland Baule�ard �ridges nver IH-30. DISCUSSION: Texas Departm�nt of Transportation (TxDOT} is in the process of reconstructing the Beach Streei and Oakland Boulevard bridges a�er lH-3D. Current[y, TxDOT plans call for a standard bridge raiking for these two bridges which consists of a salid concrete slab with a plain pipe railing on top (see �hoio "A" a�tached). Since these two bridges are highly uisibie to taurists tra�efing w�stbound on IH-30 and serve as a gateway to �owntown Fort Worth, staff was req�tes#e� to work with TxDOT to secure a change order for an upgra�e an fi�e standa�d railing. This modification will ensure a more aes#hetically designed raifing to be installed on �he two bridges (see photo "B" attached). The type of raElings proposed to TxDOT by C9ty staff would increase TxDOT's cantract cost by $376,OaQ. This cost will be 1 QO% funded by the City using the Special Assessments Fund. �`ity of �'o�t Wo�th, T"exas �y�� d ��c�� u��c��n �AT� R�F�I��NCE NUMB�R LOG NAM� PAG� 1128103 �0�9�,�� 2BRIDGE 2 of 2 SUB.]ECT APPROPRIATION ORDINANCES AND APRROVAL OF ADVANCE FUNDING AGREEMENT W1TH THE TEXAS DEPARTMENT O�' TRANSPORTATION TD UPGRADE THE BRIDGE RAILINGS FOR BEACH STREET AND OAKLAND BOULEVARD BRIDGES OVER IH-30 FISCAL lNFORMATiONICERTIFICATION: The Finance Director certifies that upan appro�al of fihe above recommendations and adaption af the attached ap��opriation ordinances, funds wi11 be available in the current capiial budget, as appropriated, af the Str�et Impra�errlents F�nd. MO:k Submitted for City Manager's Office 6y: Marc Ott Qriginating Department Head: Robert Goode Additional InformAtian Contact: 847b 780�4 TUND (to) 2) GS94 2) GS94 3&4) C111 �4) C111 {from) 3) GS94 1) C111 � ACCOUI�T I CENTER I AMOUNT 472094 �2094009905D $376,0OO.OQ 53807Q 020940099D50 $376,0�0.04 472094 02D1i1028060 $376,aoa.00 541200 020911026060 $376,000.00 538�70 020940099050 $376,000.44 541200 D20111026060 $376,000.00 CITY SECRETA1tY APPROV�D 1/28/03 ORD. #15423 ORD. # 15424 Sandy Oliver 7313