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Home My WebLink AboutContract 27843Cou�iy: Tarrant CSJ:. 0942-_48275 - ' ' � " Praject Na. CM 95(109) Location: Seminary Drive at FTW & Western Railroad /��V�4iV�� 1A191[�C ��RE�{11➢�NY �0� V�LUN�A�Y T��SPORiA�'iON I�A��OV�N��iVi �F��J�CiS �ON�SYS�f�1Vi) iHE ST�.i� O� �'�XAS § Cli'Y S�C��T'A��( ,, CQNTRAC�' N�. � � Tk� CAIJIViY OF TRAViS § iHlS AG��f�llENi 15 IVIA�� Y AN� ��YW��f� tl�e State of Texas, acting through the Texas Department of Transportation, hereinafter called the 5fiate, and the City of Fort Worth, acting by and thro�gn i#s City Council, h�reinafter called the Local Go�ernment. L�IifV�SSEiH 1�lH�R�AS, T�ansportation Cod�, Chapfer 2Q1 and Transportaiion Co�e, Chapter 22� authorizes the State to lay out,. consiruct, mainta�n, and operate a system of sfree#s, roads, and highways that comprise th� 5tate Highway System; and, �Nb��AS, Commission Minute Order Number 107737 authorizes t�e State to undertake and compEete a highway improv�ment gerter�lly described as the construcfiion of intersectio� improvemen�s on Granbury RoadlWa�ash Strest from Trail Lake Drie To Seminary Dri�e; and, 1►ii11HERE�S, the �acal Government has requested that #he Staie allow the Local Gavernment to participate in said impro�ement by funding that portEon of tF�e improvement ci�scribed as fhe insta[lation af a traffic control measures at Seminary Drive a�d the F'TW & W�stern Railroad crossirtg, hereinaf�er called the "Project"; and, . �lVR1�R�A,, tY�e �fiafe has determined that such �ar#icipation is in the best interest offhe citizens of the State; NOl�l, iF�l��t��0��, in consideration of fhe prem�ses and of the mutual covenants and agreemen�s of the parties h�ereto, to be by them respectiv�ly kept and perfarmed as hereinafter set for�h, the Sfate and the Local Goverr�ment do agree as f�llows: , ��R��nn��i Arfiicle 1. iime �eriod Covered This agreement becomes effective wf�en signed by fhe last party whose sigr�ing makes the agreement fully executed, and fihe S#ate and the Loca[ Governme�t wilf consiaer it to be in fu�l farce and effect until t�e Project described herein has �een completed and accepted by all parties or unlass �erminated, as hereinafter provided. Revised �419101 � �U��d��l� ti°?�� U�� 91�'�� {rl�,�� Page 1 of 5 � � �' '�{. Arficle 2. �rojecf Funding and �lorf� Resportsibili�ies The State will authorize the perFormance of only thase Project items of work which the Local Government has r�quested and has agreed to pay for as descr�bed in Attachment A, Paymen� Provisior� and Work Responsib`ilities which is attached to and made a�art of this canfract. In addition to identifying i�ose items of work paid for by payments to the State, Attachmenfi A, Payment Provision and Work Res�or�sibilities, aiso specifies those Project items o� work thai are ihe responsibility of the Local Government and will be carried out and complet�d by the Locaf Gov�rnment, at no cost to the State. _ Texas Go�ernmen� Cod�, Chapter 2'i06 requires #he State to recover indirect cos#s assaciated with this agreement as calcu[ated based on prevailing rates specified in the Siate's Indirect Cost Recovery Program. Arricle 3. Righ�r af Access !f the Local Go�err�ment is the owner of any part of the Project site, th� l.ocal Go�ernm�nt shall permit the State or its authorized represen�ative access to the site to perform any ac#i�ities required to execute the work. The Local Gove�nment will provide far all necessary right-of-way and utility adjustmen#s needed for performance of the work on sit�s not owned or to be acq�ired by fhe State. �rticle 4. �espons�biiities of ghe �ar�ies Th� L.oca! Government acknowledges fhat while it is no# an agent, servant, nor employee of the State, it is res�onsibie for its awn acfis and deeds and far those of its agents or �mployees during the performance of fhe work on #he Project. i4rticle �. Document and In�orma4ion �xchange The Lacal Governmen� agrees to electronically deli�er to the State a[f general notes, specificafions, co�tracf provisian requirements and relatec� documentation in a Microsoft0 Word or similar dacument. If requ�sted by the S#ate, the Local Government wiil use the State's document tem�late. The Loca[ Government sha11 also provide a detail�d construcfion time estimate including types of activities and month in the format required by the State. This requirement applies whether the focal ent�fy creates the documents with its own fiorces or by hiring a consultant or professional provider. Article 6. Inferest The Sta�e will not �ay interest on funds provided by fihe �.ocal Go�ernmenf. Fu�ds provided by ih� Local Government w�ll �e deposited into, and retained in, th� State Treasury. Art�cle 7'. Inspectian and Conduc� ofil�Vork Unless otherwise specificafly stated in Attachment A, Payment Pro�ision and Wor�C Respansibilities, to this contract, the 5tate will supervise and inspect a11 work perFormed hereunder and provide such engineering inspection and testing services as may be �equired to ensure that the PToject is accomplished in accordance with t�e approved plans and specifications. AI! corres�onde�ce and instructions to the contractor performing the work will be #he sole responsib[lity of the State. Unless otherwise specifically stafed in Attachment A to this contract, all wark will be perfarm�d in accordance wifh #he Standard Specifrcations for Construction and Maint�nance af Highways, Streets, and Bridges adopted by the State and incorporated herein by ref�renc�, or special specifieations appraved by the State. Reviseci �l9101 Page 2 of 5 �,r�icle 8. Encreas�d �os�s � - � - - � In the event it is determined that the funding pravide� by the Local Governmenf will be insufficier�t to cover the State's cost for performance of fihe Local Ga�ernmen�'s requested work, #he Local Governmenfi wi11 pay to the State the additional funds necessary to co�er the anticipated add�tional cost. T�e 5tate shafi s�nd the Local Government a written notification stating the amount afi additional funding needed a�d stating the reasons for �he nee�ed additional funds. The Local Gov�rnment shall pay the funds ta the State within 30 days of the �written notification, unless otherwise agreed to by alI parties to this agreement. If the Locai Gavernment cannot �ay fhe additionaE funds, this confracf shall be mutually terminated in accord with Article 10 - Termination. If th9s is a�ixed price agreement as specified in Attachment A, Payme�t Provision and Work Responsibilities, this provision shall only appiy in #he �vent changed site conditians are disco�er�� or as mutually agreed upon by the State and the Local Gavernrnent. Ifi any existing ar future local ordinances, including, but not limited to, outdoor ad�ertis�ng bitlboards o� storm water drainage facilifiy requirements, are more restrictive than State or Federal Regulations, or any other locally proposed changes, ir�cluding, but not limited to plats or repiats, result in increased costs, then, ar�y increased costs associated with the ordinances or changes will be paid by the loca[ ent�ty. The cost of providing sueh right of way acquired by the State shall mean the ta�a1 expenses ir� acquiring tl�e property interests either �hrough negotiatEons or eminent domain proceedi�tgs, includEng expenses related #o reiocation, removal, ar adjustment of �eligible util�ties. ' �#rticle 9. [I�ainfenance Upon completion of the Praject, the State will assume resporisibi{ity for the maintenance of #he campleted Project �nless atherwise specified in Attachment A to tl�is agreemenfi. ArQicle '[Q. ierminafiion This agreemen� may be term�nated in the following manner: ♦ by mutual written agreement and consent of both parties; ♦ by either party upon the faifur� of the o�her party to fu{fill tt�e obligafions set forth herein; o by the State if it determines that tY�e performance af-th� Project is not in the best i�terast of the State. � If the cor�tract is terminated in accordance with t�e abo�e provisions, the Local Government wi[1 be responsible for the paymenfi af Project costs incurred by the Sfate on behalf of the Local Government up to �he time of termination. A. 1n the event the State defiermines that additional funding �s required by ti�e Loca1 Goverr�ment at any time during the develapment of the Project, the State will notify the Local Gov�rnment in writing. The Local Go�ernment wili make payment to the State within thi�ty {30) days from recei�t of the State's written notification. B. Upon campletion of the Project, the State wi�l perForm an audi� of t1�e Project costs. Any funds due to the Local Go�ernment, fhe State, or the Federal Governmer�t will be prom�tly �aid by the owing party. C. In the e�e�t the Project is not campleted, the State may seek reimbursement from the Local �_ Governme�t of the expended funds. The Lacal Governmeni will remit the requir�d funds fo the State within sixty {60) days firom receipf of the State's notificatian. Revised 4I9/01 Page 3 of 5 D. The State will not �ay interest on any funds provided by the Loca1 Go�err�menf. E. The State will not execute t�te contract for the consfructior� of fhe Project until the reauired funding �as been made available by the Local Gavernment in accordance with fhis Agreement. 1'I. No�ices Alf natices to either party by the other required un�er this agreement shall be deli�ered personally or sent by cer�ified or U.S. mail, postage prepaid or senf by electronic mail, (electronic noiice being permi�ted to the extent permitfied �y iaw but only after a separate written conseni of the part�es}, addressed to sueh party a# the following addresses: S�afe: Maribel P. Cl�avez, P.E., District Engin��r Texas Depar�men� of Transportation P.O. Box 6$68 Fort Worth, Texas 761 � 5 Lacal Go�ernment: George Behmanesh, P.E. Interim Director of Transpor�ation & Pubic Works City of Fort Worth 1000 Throckmor�on Fort Worth, Texas 769 a2 Ali notices shall be deemed given on the date so delivered or so deposited in the mail, un�ess otherwise provided herein. Eifl�er par�y may change th� a�ove address by sendEng written notice of the change fo the other par�y. Either party may request in writing thaf such notices sha11 deli�ered personally or by certified U.S. mail and such req�aest shall be honored and carried out by the o#her PartY• � Arfiicle'I�. �oleAgreemenf 1n the e�ent t�e terms of the agreement ar� in conf[ict with the provis�ons of any other existing agreements beiween the l.ocal Government and the State, the latest agreemenf shall take precedence over the ather agreemen#s in matters reiated ta the Project. Ar�icle 13. Successors and �ssigns _ The State and the �ocal Government each binds itself, ifis successors, executors, assigns, and administrators to the otMer par�y to ti�is agre�ment and to the successors, executors, assi�ns, and admEnistrators of such aiher party in respec� to all covenants of this agreement. A�fiicle �4. Amendmen�s By mutual written consent af the parties, this co�tract may be amended prior to its expiration. Arficle 'I �. Signagory 1�Varranty The sig�atories to th�s agreement warrant that each has the authori#y to enter into fhis agreement on behaif of the party they re�resent. Revised 419IOT Page 4 of 5 . , , tN WiiN�SS l�F��#�EB�, ib� �� ARl� ��i� ��G�� C�OV��NNY��Ii have execufied du�licate counterparts to e�€ectuate this agreement. . �b� ��A�� i�XAS - Execu�ed for the Executive Director and approved for the Texas Transportafion Commissfon for the purpose and effect of activating andlor carrying ouf the orders, �stablished poiicies or wc�rk programs heretofare approved an� �tho�ized by the Texas Transporkation Commissian. � , s / , By ,. � / � Da#e _' � �' �. �'� " y i. Distri Engm er � ' ` Yb� L�CAL GOVI��NM�N� A � T: � ?►'��:P.� I � l .7%: ~C�I�I"I'� �Cai 5�n - C �City Secretary Date: `� t J(J• D 2 �APP V . �, Marc C�tt �.. Assistant Cifiy Manager Date: � �' a� � APPROVED AS TO FORM AND LEG ITY: _� Gary Steinberger Assistanf City Afiomey Date: � S � u APPROVAL RECOMMENDED; �_ . �� George Behmanash, P.E. ln�erim Director, Transpnrtationl Pub[ic Works Department i�.�te. �� 1�'1�-C. f �q' �� r��...Autho�i z�tian �� Revised 41910'I Page 5 of 5 c�[��{�`dQ� °��.�C �S'� �r �---., '� �� _ ;� � � � %�a� �epart�rr��t �f ��r�s�o�ta�ior� P.O. BOX 6868 � FORT 1NOR7H, T�XAS 76115-0868 �(817) 370-6500 July 31, 2002 caNracr: nn-cM Advance Funding Agreement CSJ: 0902-48�275 Sem�nary Dri�e at FTW & Wes#ern RR Tarrant County George Behmanesh, P.E. in#erim Director of Transportation & Public Works City o� Fort Worth 1000 Throckmorton F'ar� Worth, Texas 76102 Attention: Jean Petr Dear Mr. Behmanesh: Attached, for your files, is one fully executed original of the Advance Funding Agreement be�ween the City of Fort Worth and the Sta#e for the abo�e project. If you have any questions, please contact me at {8�7) 370-6�91. Aitachment Sincerely, �� ,%� �, `- - - - �„�.�' Ja H. Mallard Consultant Cantract Caardinator t3n F�ua! Upportuniry Employer Atifachmertt A - - - � � � �aymenf �rovisions and l�illo�� esponsihiiif'tes �escr�p�iort of ihe Cos� of fi�e I�ems of l�ork The...State shall be responsible for the construc�ion of the traffic control measures at Seminary ❑rive and FTW & Westem Railroad crossin�. ln accordance with the agreement executed by TxD�T and the OUtside En�ity o� August 8, 1995, the Outsid� Entity is responsi�le for providing 20°/4 of #he fund9ng for the project. Therefore, the Outside Entity's cost for the work will be based on �he actual cost that is est9ma#ed fa be $19,200. A breakdow� of the funding is as follows: Estima�ed Increase in Railroad Force Accounfi Wark: $96,00� Outside EntEty's Participatior�: x20% � TOTAL: $19,200 ih� Schedule of �aymen�s One paymen# in the amounf of $19,200 will l�e paid to tha State upon the return of the Advance Funding Agreemeni from ti�e �utside Entity. The Outsic{e Entity will rem9t a check or warran# made payable to the Texas Department of Transportation in the amount of $19,200 wifl b� used in payment for #he proposed work. Actuai Cosi �eqreemen� In the Event it is determined thaf t�e funding provided by fihe Ou#side Er�ti�y wi�l �e insufficient to cover #he State's cosis for the cons�rucfion of the Projec�, the Oufiside Entity will within 30 days from the rec�ipt of the State's Vllritfen not�fication provide the additional funciing to co�er the State's an#icipated additional costs. iJpon completion of the Project, the State wil� perform an aud�t of the costs and any funds due to the Ouiside Entify will be promptly returned. Revised 419/Q1 Page 1 pf 1