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HomeMy WebLinkAboutContract 61919Docusign Envelope ID: 494FEF04-F2EE-471E-926E-5A8B9013D9F0 CSJ # 02-4LOSA003 CSC No. 61919 STATE OF TEXAS § COUNTY OF TRAVIS § District # 02-Fort Worth Code Chart 64 # 15000 Project Name Walsh Ranch Pkwy Landscaping AGREEMENT For A LOCAL ON -SYSTEM IMPROVEMENT PROJECT THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State", and the City of Fort Worth, acting by and through its duly authorized officials, called the "Local Government." The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 116522, authorizing the State to accept Local Government funded projects performed on the state highway system. The project covered by this Agreement includes only work within the state right of way as described in the Agreement, Article 2, Scope of Work (Project); and, WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution, ordinance, or commissioners court order dated June 11, 2024, which is attached to and made a part of this Agreement as Attachment C, Resolution, Ordinance, or Commissioners Court Order (Attachment C) for the improvement covered by this Agreement. A map showing the Project location appears in Attachment A, Project Location Map (Attachment A), which is attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: AGREEMENT Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the completed Project is accepted by the State or unless terminated as provided below. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 7 LOSA Revised 07/28/2023 Docusign Envelope ID: 494FEF04-F2EE-471E-926E-5A8B9013D9F0 CSJ # 02-4LOSA003 District # 02-Fort Worth Code Chart 64 # 15000 Project Name Walsh Ranch Pkwy Landscaping 2. Scope of Work The Project consists of enhanced landscaping which will include small shrubs (in the parkways only) and ground cover plants, as well as drip irrigation as appropriate to maintain such enhancements in portions of the median noses. The location of enhanced landscaping will be in the median noses of the TxDOT Right of Way at the intersection of 1-30 and Walsh Ranch Parkway as shown in Attachment A. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in Attachment B, Local On -System Improvement Project Budget (Attachment B), which is attached to and made a part of this Agreement. The estimated funds from the Local Government are shown in Attachment B. The State will pay for no Project costs performed by or managed by Local Government under this Agreement. B. Attachment B shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property (right of way); (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other Project costs. C. The Local Government shall be solely responsible for all of its costs associated with the Project provided for in this Agreement. The Local Government shall be responsible for cost overruns for the Project in excess of the estimated amount to be paid by the Local Government on Attachment B. The Local Government shall also be responsible for direct and indirect costs incurred by the State related to performance of this project if so indicated on Attachment B. If the State determines that the on -system improvements are of significant operational benefit to the State, the State may waive its direct or indirect costs. The State's waiver of its direct or indirect costs shall be indicated on Attachment B by showing the State as responsible for these costs. When the Local Government is responsible for the State's direct or indirect costs, the amount indicated on Attachment B is a fixed fee and not subject to adjustment except through the execution of an amendment to this Agreement. D. Prior to the performance of any engineering review work by the State, the Local Government shall pay to the State the amount of direct and indirect State costs specified in Attachment B. E. 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" or may use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Financial Management Division. The funds shall be deposited and managed by the State and are not refundable. F. The Local Government will begin construction on the Project within 6 months after execution of the Agreement. G. The Local Government will complete construction and receive the State's acceptance of the project within 6 months after the date the State authorizes in writing for the Local Government to commence construction of the Project. H. If the Local Government chooses not to or fails to complete the work once construction on the Project commences, the State may terminate this Agreement in accordance with paragraph 4.C. below. The State may address unfinished construction work as it Page 2 of 7 LOSA Revised 07/28/2023 Docusign Envelope ID: 494FEF04-F2EE-471E-926E-5A8B9013D9F0 CSJ # 02-4LOSA003 District # 02-Fort Worth Code Chart 64 # 15000 Project Name Walsh Ranch Pkwy Landscaping determines necessary to protect the interests of the State, which includes returning the Project area to its original condition or completing the work using State forces or contractors. The Local Government shall pay all costs incurred by the State under this provision. 4. Termination of this Agreement This Agreement shall remain in effect until the Project is completed and accepted by the State, unless: A. The Agreement is terminated in writing with the mutual consent of the parties; B. The State terminates the Agreement in writing due to the Local Government's failure to comply with paragraphs 3.F or 3.G; or C. The Agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party. 5. Amendments Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. Amendments may not include the addition of State or Federal funds. If any funds other than Local Government funds are proposed, this Agreement must be terminated and a new agreement with appropriate terms and clauses executed in its place. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. The Project design shall, at a minimum conform to applicable State manuals. The State shall review the plans, specifications, and estimates provided by the Local Government upon completion or at any time deemed necessary by the State. Should the State determine that the complete plans, specifications, and estimates for the Project are not acceptable, the Local Government shall correct the design documents to the State's satisfaction. Should additional specifications or data be required by the State, the Local Government shall redesign the plans and specifications to the State's satisfaction. The costs for additional work on the plans, specifications, and estimates shall be borne by the Local Government. 8. Environmental Assessment and Mitigation Development of a transportation project must comply with applicable environmental laws. The Local Government is responsible for: A. The identification and assessment of any environmental problems associated with the development of the Project governed by this Agreement. Page 3 of 7 LOSA Revised 07/28/2023 Docusign Envelope ID: 494FEF04-F2EE-471E-926E-5A8B9013D9F0 CSJ # 02-4LOSA003 District # 02-Fort Worth Code Chart 64 # 15000 Project Name Walsh Ranch Pkwy Landscaping B. The cost of any environmental problem's mitigation and remediation. C. Providing any public meetings or public hearings required for development of all required environmental documents and obtaining all required permits and approvals. D. The preparation of documents required for the environmental clearance of the Project. Before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances and approvals have been obtained. 9. Right of Way and Real Property The Local Government shall acquire all required right of way and necessary right of entry for performance of the Project in accordance with applicable requirements of the Texas Department of Transportation Right of Way Manual, State law, and Federal law governing the acquisition of real property including but not limited to Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.A. Section 4601 et seq. Right of way acquired for improvements to the state highway system shall be acquired in the name of the State. Local Government shall provide right of entry to State personnel and its authorized representatives to areas off the state highway system throughout the duration of the Project for the State to perform inspection and oversight of the Project. 10. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities for the Project in accordance with applicable State and Federal laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. 11. Compliance with Texas Accessibility Standards and ADA Local Government shall ensure that the plans for and the construction of the Project are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 12. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. Project plans and specifications for improvements on the state highway system must be approved by the State prior to advertising for construction. Upon selection of a contractor and prior to commencing construction within the state highway system right of way, the Local Government shall request and obtain written authorization to commence construction of the Project from the State. The Local Government will supervise and inspect all work performed hereunder and Page 4 of 7 LOSA Revised 07/28/2023 Docusign Envelope ID: 494FEF04-F2EE-471E-926E-5A8B9013D9F0 CSJ # 02-4LOSA003 District # 02-Fort Worth Code Chart 64 # 15000 Project Name Walsh Ranch Pkwy Landscaping provide such engineering inspection and testing services as may be required to ensure that the construction is accomplished in accordance with the approved plans and specifications. All construction change orders impacting the proposed improvements, traffic control, environmental mitigation, or drainage on the state highway system require written pre -approval by the State prior to execution by the Local Government. B. Upon completion of the Project, the Local Government will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. A copy will be provided to the State prior to State's final acceptance of the improvements. C. Prior to the State's acceptance of the improvements on the state highway system, Local Government shall furnish to the State written certification from a Texas Registered Professional Engineer that the Project was constructed in substantial compliance with the Project's plans, specifications, and quality assurance requirements. 13. Project Maintenance After Local Government completion of the work and acceptance by the State, the State will be responsible for maintenance of the improvements within the state highway system right of way outside the boundaries of an incorporated city. This obligation may be fulfilled through other agreements signed by the State. 14. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government Assistant City Manager City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 State Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this Agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 15. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party, and each party agrees it is responsible for its individual acts and Page 5 of 7 LOSA Revised 07/28/2023 Docusign Envelope ID: 494FEF04-F2EE-471E-926E-5A8B9013D9F0 CSJ # 02-4LOSA003 District # 02-Fort Worth Code Chart 64 # 15000 Project Name Walsh Ranch Pkwy Landscaping deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this Agreement, copies of all documents and data prepared under this Agreement by the Local Government for improvements within the state highway system right of way shall be provided to the State prior to State acceptance of the Project without restriction or limitation on their further use. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any Project information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 20. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred and engineering inspection and testing services performed under this Agreement and shall make such materials available to the State and the Local Government or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of completion of work defined under this Agreement or until any impending litigation or claims are resolved. Additionally, the State and the Local Government and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 21. Insurance Before beginning work on the state highway system, the Local Government and its contractor performing the work shall provide the State with a fully executed copy of the State's Form 1560 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. Self- insurance documentation acceptable to the State may be substituted for all or part of the coverage's required for the Local Government. 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. Page 6 of 7 LOSA Revised 07/28/2023 Docusign Envelope ID: 494FEF04-F2EE-471E-926E-5A8B9013D9F0 CSJ # 02-4LOSA003 District # 02-Fort Worth Code Chart 64 # 15000 Project Name Walsh Ranch Pkwy Landscaping 22. Pertinent Non -Discrimination Authorities During the performance of this Agreement, the Local Government, for itself, its assignees, and successors in interest agree to comply with all applicable Federal and State nondiscrimination statutes and authorities. 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. Each party is signing this agreement on the date stated under that party's signature. THE STATE OF TEXAS DocuSigned by: Kenneth Stewart Typed or Printed Name Director of Contract Services Typed or Printed Title 7/30/2024 Date THE LOCAL GOVERNMENT �DocuSigned by: �t.Sl(�`� 1.V1n. S*E514427... Jesica McEachern Typed or Printed Name Assistant City Manager Typed or Printed Title 7/30/2024 Date Page 7 of 7 LOSA Revised 07/28/2023 Docusign Envelope ID: 494FEF04-F2EE-471E-926E-5A8B9013D9F0 CSJ # District # Code Chart 64 # Project Name ATTACHMENT A PROJECT LOCATION MAP I 0 230 500 I I I GRAPHIC SCALE IN FEET { L 02-4LOSA003 02-Fort Worth 15000 Walsh Ranch Pkwy Landscaping CITY R.0.W "TXDOT NORTH?? TxDCT R.O.W.` y - 1nterstace rllgnway su TxD C T R_ O- W ry "TXDOT } SOUTH" CI rY R. o_ W i i i i i Page 1 of 1 LOSA Attachment A Docusign Envelope ID: 494FEF04-F2EE-471E-926E-5A8B9013D9F0 CSJ # 02-4LOSA003 District # 02-Fort Worth Code Chart 64 # 15000 Project Name Walsh Ranch Pkwy Landscaping ATTACHMENT B LOCAL ON -SYSTEM IMPROVEMENT PROJECT BUDGET (Locally Funded and Performed Project) The Local Government is responsible for 100% of the costs allocated to it as described below, including overruns. Environmental Right of Way Engineering Utility Work Construction Subtotal for Direct State Costs INDIRECT STATE COSTS: Subtotal for Indirect State Costs TOTAL ESTIMATED COST OF PROJECT .. 1 $15,478 Paid By: El Local Government 0State ! $14,240 $339,284 Fixed price amount of payment by the Local Government to the State for $0 the State's direct and indirect costs as stated in Article 3, C and D of the Agreement. Page 1 of 1 LOSA Attachment B Docusign Envelope ID: 494FEF04-F2EE-471E-926E-5A8B9013D9F0 CSJ # 02-4LOSA003 District # 02-Fort Worth Code Chart 64 # 15000 Project Name Walsh Ranch Pkwy Landscaping ATTACHMENT C RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER A Resolution NO.5960-06-2024 A RESOLUTION AUTHORIZING (EXECUTION OF A LOCAL Oil -SYSTEM AGREEMENT WITH THE TEXAS I)EPARTMENT OF TRANSPORTATION rN THE AMOUNT OF $339,284.00 OF WFTICH CITY PARTICIPATION IS $309,565.00 FOR THE WALSH RANCH PARKWAY LANDSCAPING Th1PROVEMENT PROJECT WHEREAS, the City of Fort Worth (-City") desires to irnprovc a portion of the State of Texas highway system at the intersection of I-30 and Walsh Ranch Parkway, which is maintained and operated by the Texas Department of Transjomkion ("'NI CYP ); and WHEREAS, the Walsh lunch Parkway Landscaping Improvements Project will improve safety for pedestrians, alleviate traffic congestion, and enhance the safety of the highway rystem by instaj lati on of rl Pedestrian Hybrid Beacon (PHB), a traffic signal, and modifcutian of pavement markings and ADA ramps; and WHEREAS, TxDOT supports the City's efforts to improve traffic cmgestion and enhance safety at this location; and IWEEREAS, the Texas Tram porta#ion Commission passed Minute Order Number 116522 authoriziagtho State of Texas to accept local goverrunerrt-funded projects performed cc the state inghway system; and WHEREAS, TxDOT waives the direct and indirect costs in the amount of $29.71$,00, thereby reducing the City's costs by that amount; and WHEREAS, the City desires to enter hero a local On -System Agreement with the Texas Departtuent of T wnportatloR for Walsh Ranch Parkway landscaping improvements at the 1-30 and Walsh Ranch Pwkkway intersection in the amount of$339,284,00 with City participation in the amount of$30,56&00 through the use of a%mi fable funding from the Developer and at no cast to the City. NOW, TUMIEFORE, BE IT RESOLVED BY THE, CITY COUNCIL OF TEM, CITE' O:F FORT WORTH, TEXAS: The City Manager or his designee is heroby authorized to execute a Local On -System Agreement with tho Texas Dcpartment of Transportation in the estimated arnuunt of S339,284.00, with City Participation in the expected amount of $309,566.00 for Walsh Ranch Parkway landscaping imprownwrtts at the 1-30 and Walsh Ranch Parkway intersection. Adopied this T I Ih day of June ATTEST. By: {J Jannette S. Goodall, City Secretary Page 1 of 1 LOSA Attachment C Docusign Envelope ID: 494FEF04-F2EE-471E-926E-5A8B9013D9F0 ADVANCE FUNDING AGREEMENT LOSA: 02-4LOSA003 PROJECT NAME: Walsh Ranch Pkwv Landscapinz ADDITIONAL ROUTING SIGNATURES CITY OF FORT WORTH Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. BY: Deborah J. Branch, District Superintendent Title: Park & Recreation Department Email: Deborah.BranchC&fortworthtexas.Qov APPROVAL RECOMMENDED: BY: Richard Zavala, Director Park & Recreation Department Email: Richard.Zavala(a,fortworthtexas.2ov BY: Joel ��ght (Aug 23, 024 1�CDT) Joel W. McKnight, Assistant Director Park & Recreation Department Email: Joel.McKni2ht(i�fortworthtexas.2ov CONTRACT AUTHORIZATION M&C: 24-0529 Date Approved: _6/11/2024 Form 1295: N/A APPROVED AS TO FORM AND LEGALITY: fj� BY: Douglas Black (Aug 28, 202409:50 CDT) Douglas W. Black Senior Assistant City Attorney Email: dou2las.black(&fortworthtexas.2ov ATTEST AS TO CITY MANAGER SIGNATURE: ,04�440U� v��'°� FORt �o9d0 BY: � ae:o Jannette S. Goodall d City Secretary aGp�aEX 4ggga Email: Jannette.aoodall(a,fortworthtexas.aov OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 1 LOSA Attachment C Docusign Envelope ID: 494FEF04-F2EE-471E-926E-5A8B9013D9F0 City of Fort North, Texas Mayor and Council Communication DATE: 061' 1.Qz- M&C FILE NUMBER: M&C 24-0529 LOG NAME: 80'4s.4LSHFV-.NCHPARKVVAYLANDSC.APEIMPROVEMENTS SUBJECT (CD 3) Adapt a Resolution Aulhorizing Execulion of a Local On -System Agreement wilh the Texas Department of Transportation in the Amount of S339,254.00, with Direct and Indirect State Casts in the Amount of $29,718.00 Waived and Oily Participation of SH9,566.00 through the Use of Available Funding from the Developer, for the Walsh Ranch Partnpray Landscaping Improvernent Project RECOMMENDATION: It is recornm nded that the City Council adopt the attached resolution authcr=i'rg execs. cn or a Local Un-3:s:am .=.0reement 1.viih the Texas Department ofTransporlatien for the Walsh Ranch Parkway Landscaping Imr•.D';a71e7,s project in the anlcuni cf =33s.28=.00 -,: th ci-ec: aid indirect state oasis in the amount of $29,718-00 waived, and City participation in the amount of S309,566.00 thrc -Ig-i tha use of a'; a table fr,rci ig from the developer - DISCUSSION: The purp&3e of this Mayor and Council Communication (M&C) is to adopt a resolution authorizing execution of a Local On -System Agreemerrl (LQ,% with the Texas Department of Transportation (TxDOT)- The LQ,5A details the responsibililies of both the City of Fort Worth (City) and TxDOT in the execulion and implementation of the project. A j =is a type of TxDOT permit Thal allows the City to implement improvements on a state highway system using local funding. The project consists of enhanced landscaping which will include small shrubs (in the parkways only) and ground cover plants, as well as drip irrigation as appropriate to maintain such enhancements in portions of the median noses. The location of enhanced landscaping will be in the median noses of the TxDOT Right of Way at the inlersection of Interstate-30 and Walsh Ranch Parkway. The Stale is waiving the amounl of $29:713.00 of direct and indirect state costs for its plan review and oversight. There will be no project reimbursements to TxDOT for this project. Fr rc+ir1g arc vons'Fl:ctivn !+'III Ce±e;elaoe'. 4g=. s?oltdhhAn FCoo-A-Par` l be eXevLgedv!th 1--le 'alsh Ranch Homeer ..3scvia:icn is uvrornl genefa.l site mai rein,ics f c f J-e erI-arced an:l3ca0 ng a:l rfig all cr. This crc en 3 lo_aled in COUNCIL DISTR.C.T v. =. =crm 1205 is not required because: This conirac; tivill be with a governmental entity, state agency or public i nstitui on of hig her education: TxDOT FISCAL INFORhtATICN 1 CERTIFICATION: The Director of Finance certifies that approval of the recommendation tivill ha,a no material effect on City funds. Submitted for City Manactera Office by: Jesica L. McEachem 5804 Oriflinatino Business Unit Head: Richard Zavala 5704 Additional Information Contact: Page 1 of 1 LOSA Attachment C