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Home My WebLink AboutContract 27566. CIiY.��l��R�i��Y . � � cor ��c7 ��, � Agreement Na. 81-1 � CSJ: 0081-01-911 County: Tarrant ADV.ANCE F'UI�TDIl�TG AGREEIVIEI\T FOR STAleTDARD FIIGHWAY PRO,TECTS {O1�TdSYSTENi} THE STATE OF TEXA5 � TI3E COUl�fiTY OF TRAVIS � THIS AGREE11�El�TT IS MADE BY A1VD BETWEEI�T the State of Texas, acting through the Texas Depa.irtment of Transpartation, hereinafter called the �tate, and the City of Fort Worth, acting by and �hrough its City Cnuncil, hereinafter called the Outside Entity. WITNESSETH WHEREAS, Transportat�on Code §201 et.seq. and Transportation Code §221.001 authorize the State ta lay out, constn�ct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Comrnission Minu�e Order Number 1.07237 aufihorizes the State to undertake and complete a highway improvement generally described as the reconstruction of the westbound Belknap Street brid� over the Oklahama & Texas Railraad and Union Pacific Railroad; and, WHEREAS, the Outside Entity has requested that the State parkicipate in said improvement by providin� $30,000 (fixed amount) in funding far the purchase af materials for the installation of period lightin� along the brid�e structure herein after called the "Project"; and, WHEREAS, the State has deterrnined that providing the funding is in the best interesi of the cztizens of the State; 1�TOW, THEREFORE, in consideratian of the premises and of #h� mutual covenants and agreements af �lic parties hereto, ta be by them respectively kept and performed as herei.nafter set forth, the State aud the Outside Entity do agree as fallows: � „ , . ��U`�U _.�� Article 1. Time Period Covered AGREEMENT This agreemenf becomes effective when signed by the last party whose signing makes the agreement fully exec�ted, and the State and the Outszde Entity will consider it to be in fuli force and effect until the Praject described herein has been complefed and accepted by all parties or unless terminated, as hareinafter provided. Articre �. P�raject Fuuding The State will authorize performanc� of only �hose Project if�ms of work which the State has requested and has agreed to pay for as described in Payment Provision and �Vork Responsibilities, Attachment A, which is attached to and made a part af this contract. In addition ta identifying thase items of work paid for by the State, Attacliment A, Payment Pravision and Work Responsibilities, also specifies those Prvject items of work that are the re�ponsibility of the State and wi11 be carried out and completed by the State, at no cost to the Outside En�ity. . ArticIe 3. Termination This agraement may be tertninatcd in the following manner: ♦ mutual written agreement and consent af both parties, ♦ by either party upon the failure af the other party to fulfill the obligations set forth herein. ♦ by the S#ate if it detenmines that performance of the Praject is not in the best interests of the State. If the contract is termin.ated in accordance with the above provisions, the State will be responsible for the payment afProject costs up to �he time oftermination. Articte �. Right of AGcess The State shall permit the Outside Entity or its autharized representative access to the site to perform any activities required to execute the wark. Artic�e 5. RespflnsibiIities oi the Parties The Outside Entity acknowledges that whiie it is not an agent, servant, nar employee of ths 5tate, it is responsi�le for its own acts and deeds and for those of its agents or emptoyees during the performance of the work on the Project. Article 6. Sole Agreement In the event th� terms of t&e agreement are in conf�ict with the provisions of any other existing agreements �elween the local 4utside Entity and the Sta�e, the latest agreement shall take precedence over the ath�r agreements in matters related to Yhe Project. Article i. Successars and Assigns The State and the Outside Entiiy each binds itself, its successors, execufars, assigns, and administrators to the other party ta fhis agreement and to the successors, executors, assigns, and administrators of such other party in respect to all cov�nants of this agreement. Article �. Amendments By mutual written consent of the parties, this contract may be amended prior to the expiration af this contract. Article 9. Tnterest Nat Applicable Article lU. Inspection and Canduct of Work Unless atherwvise specifically stated in Attachment A, 1'aymen� Provision and Wark l�esponsibilities, to t�is contract, the State wi11 inspect all work performcd hereunder and provide such engineering inspection and testing services as may be required ta ensure #hat the constructian is accomplished in aceordance with the approved plar�s and specifications. AI1 correspondence and instructions to the contractor perfornung the work will be sole res�onsibility of the Outside Entity. Un�ess atherwise specifically stated in Attachment A ta this contract, all work will be performed in accardance with the "Standard Specif cafians for Constructian and Maintenance of Highways, Streets, and Bridges" adopted by the State and incoxporated her�in by reference, or special specifications appraved by the State. Article l l. Incr�ased Costs Nat Applicable Article 12. Signatory Warranty The signatories to this agreement warrant ti�at each has ihe authflrity to enter into this agreement on behalf of the entity they represent. ' , l TN WITNESS WHEREOF, THE STATE AND THE OUTSYDE ENTITY have executed duplicate counterparts to effectuate this agreem�nt. THE STATE OF TEXAS Certified as being �xecuted for the purpose and e�F�ct of activating andlor carrying aut the orders, established policies, ar wor1� pxagrarns heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Qrder 100002. . By �� '" -- %� Date / /�� District Engineer THE OUT�IDE ENTITY Nazne o the O de nt' y Ciiv of Fort Worth By � r � Daie / �-� � �/D c) < < Typed oz' Prinfed Name and Title For the purpose of ihis agreem�nt, the addresses ofrecord far each party shall be: For the Outside Entity: Mr. Mike Groomer Assistant City Manager City of Fort Worth 1040 Throckmorton Fort Warth, Texas 76102 For the Texas Department of Transportation: Mr. Steve E. �immons, P.E. Distriet Engineer Texas Department of Transportation P. O. Box 6868 Fort Worth, Texas 7610$ AT'��,ST: _ � / � t� l�,v� � f 1,� G1oria P�ea�san, City Secretary /� -��2. � 1J7� APPROVED A� TO FORM AND LEGALITY � . Gary Steinberger, Assistant Ciiy Attorney � � ! �3.� ��-__ .. ._ . . Cont�act Autliprf�s��ian _ _ �_� �/��"� .� �� Attachment A Payment Provisions and Work Responsibilities Descr�ptian af the Cost of the Items of Work The Stat� will provide the fxed amount of $30,Op4 in funding for the purchase of the materials for th� installation o� period lighting along the westbaund Belknap Street hridge structure. The Outside Entity will be responsible for the cost of the installa#ian labnr. The Schedule of Payments On� paymant in the arnount of $30,000 will be paid by the State upon the executian of �his Advance Funding Agreement by bath parties. The Stafie will remit a check mada payable ta the City af Fort Worth in the amount o�$3Q,000 to be used in payment for the propased wvrk. C`ity of �`ort T�orth, T'exas �ay�r ��d ��n��5� �� c��o� DA7E R�F�RENC� NUMB�R LOG NAME PAGE I 1211210D �*�� 3�� 20LIGHTING � of 1 sus�ECT APPROPRIATI4N ORDINANCE AND AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR BELKNAP STRE�T BRiDGE L1GHT[NG RECOMMENDATION: lt is recommended that the City Council: �. Authorize the City Manager to execute an agreement with the Texas Department o# Transportation (TxD�T) for the purchase and installation of period lighting on ihe westbound Belknap Street bridge structure not to exceed $30,000, and 2. Adopt the aftached appr4priation ordinance increasing estimat�d receipts and appropriations in tF�� Street Improvements Fund by $30,Oa0.04. DISCUSSION: TxDOT is currently r�constructing th� westbaund Belknap Street bridge over tf�� Oklahoma & Texas Railroad and Union Pacific Ra�lroad. Tl�e City of Fort Workh is responsible for installing the streeflights on the bridge structure. In an effort to enhance the appearance of fhis bridge, which is a gateway t� downfown, staff sought input fram the Fart Worth Hist�rical Society to determine the apprapriate lighting for ihis bridge. Under this agreemeni TxDOT will provide $30,000 for the purchase of upgrad�d lightin�, and ihe City will be responsible fior purchasing and installing �he light structures on tne bridge. F'ISCAL I[�FORMATIONICERTIFICATION: The Finance Directar certifies that upon adoption of the attac�ed appropriation ardinance, funds wifE be available in fhe current capital �udget, as appropriated, of the Street Improvements Fund. The Transportation and Public Warks Departmenf will be responsible for the cQllection ofi funds from TxDOT. MG:k Submitfed for City ]Vlstns�ger's Office by: Mike Groamer Originating Department Hend: I FUND � (to) I '!) C115 G140 � 1) Ci'[5 I ACCOUNT I CENTER I AMOYiNT I CITY S�CRETARY 4889D.0 020115Q26044 $3Q,000.00 � 54'12flfl 02p'{45026Q44 $30,000.00 � Hugo Malanga Additinnal Infnrn�ntion Contact: 78d1 (from) 2) C115 I APPROVEp 12-12-40 549 2b� 0201150260�44 $30,000.00 � ORDII�IA]VC� NO. 14432 Hu�a Malanga 78l! l