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HomeMy WebLinkAbout064326 - Construction-Related - Contract - Texas Department of Transportation64326 CSJ: Project Name: Henry "Hank" Nava, Jr. STATE OF TEXAS § COUNTY OF TRAVIS § NAMED MARKER OR MEMORIAL MARKER HIGHWAY SIGN AGREEMENT THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State", and the Cit I IV of Fort Worth, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Texas Transportation Code, §225.004 establishes that a local government may purchase and furnish to the department a suitable locally identifying memorial marker; and if the director approves the size and type of a marker, the department, on request, may erect the marker at a place most suitable to the department's maintenance operations, The department shall maintain the grounds for a marker. The local government shall repair or replace a marker; and WHEREAS, the Local Government desires assistance from the State with providing highway marker signs or plaques in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and the State's procedures for Henry "Hank" Nava, Jr. 1-820 from 1-35 to Marine Creek Parkway to be hereinafter identified as the "Project;" and WHEREAS, the Local Government proposes to pay the State a fixed amount for furnishing and/or installing these signs; and NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT Article 1. Contract Period This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided. Article 2. Scope of Work 1. The State will fabricate and/or install the sign(s), as is identified on "Attachment A". 2. The State will fabricate (2) sign(s), furnish sign supports and make the sign installations, as is identified on "Attachment A". 3. The Local Government will pay the State a sum of $3,500.00 for the cost incurred by the State for the project prior to fabrication and/or installation of the signs. 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 Trust Fund.", or the Local Government may use the State's Automated Clearing House system for electronic transfer of funds in accordance with instructions provided by TxDOT's Financial Management Division. The check or warrant shall be deposited by the State in an OFFICIAL RECORD Traffic MemMarker Page 1 of 4 CITY SECRETARY Revised 02/22/2019 FT. WORTH, TX CSJ: Project Name: Henry "Hank" Nava, Jr. escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. 4. In the event it becomes necessary to replace one or more of these signs or their supports due to age, vandalism or damage, it will be the responsibility of the Local Government to pay the costs for such replacement. The cost amount shall be as determined at the time of replacement and shall be agreed upon by both parties prior to the State making replacement. 5. The Local Government shall make its intentions known to the State within thirty (30) days of notification by the State that the signs need repair or replacement. If the necessary funds, in full, are not received within 90 days of the notification that the signs need repair or replacement, the State will remove the signs and dispose of the signs and supports as it deems necessary, and this agreement shall be considered terminated as stated in Article 3. Article 3. Termination This agreement may be terminated by any of the following conditions: 1. By mutual written agreement and consent of all parties. 2. By the State upon determination that construction of the Project is not feasible or is not in the best interest of the State and the traveling public. 3. By any party, upon the failure of the other parties to fulfill the obligation as set forth herein. Termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and Local Government under this agreement. If the potential termination of this agreement is due to the failure of the Local Government to fulfill their contractual obligations as set forth herein; the State will notify the Local Government that possible breach of contract has occurred. The Local Government should make every effort to remedy the breach as outlined by the State within the period stated in Article 2, paragraph 5. Article 4. Relationship 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 deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 5. Amendments Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by the Local Government and the State. Article 6. Legal Construction In case 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 hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Article 7. Sole Agreement This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. Traffic MemMarker Page 2 of 4 Revised 02/22/2019 CSJ: Project Name: Henry "Hank" Nava, Jr. Article 8. Notices All notices required under this agreement by one party to the other parties shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: Countv or Citv: I State: Jesica McEachern, Assistant City Manager TxDOT Transportation Operations 100 Fort Worth Trail Fort Worth District Fort Worth, TX 76102 2501 SW Loop 820 (817) 392-5804 Fort Worth, TX 76133 (817) 370-6500 Notice shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. The parties hereto may change the above address by sending written notice of such change to the other parties in the manner provided herein. Article 9. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. Each party is signing this agreement on the date stated beside that party's signature. THE CITY OF FORT WORTH, TEXAS By: Date: Typed or Printed Name and Title 0�4� Jesica McEachern, Assistant City Manager 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: District Engineer Date: Traffic MemMarker Page 3 of 4 Revised 02/22/2019 CSJ: Project Name: Henry "Hank" Nava, Jr. •7 / Y .�' 1fLfEas< �G 2 - Carlos ATTACHMENT A Description and Location of Memorial Marker Signs Mayor & Council Map Loop 820 Memorial Designation FOR_TWORM Loop 820 from Marine Creek Parkway to 1-35 Cr Project Extent - `� 7- J Adjacent Cities Macy Hill ) 4 - 23 Council Districts l:h rles d L-aucrxdort' 2 - Carlos Flores 4 - Charles Lauorsdort ensswooD g 7 - Macy Hill �y 11 - Jeanette Martinez 'c 9x Saginaw "•y.` II 8 — o Z WESTERN CENTER I W.MCLEROY Blue z Mound i LONGHORNu---INDU TRIALS-CANTRELL SANSOM FOSSIL CREEK. o THE4-srLoo ZP / O NORM Rp0""P �r c41' H rn MEACHAM ® s TERMINAL N N I� z to W O W LONG 4 11 - Jeanette Martinez Map generated October 2025 1 TPW Business 1 5 Suppon Services Lopy"go D2025Cdyor Foe HtXM U—morizedieprodrrpon ti 't a rarawn of eppeoeDre rasa Tn� an u ro oe use ror paprwcM FeVrelemafun way The eMrSCy if not to be faAeNWed as data pmo-ed hr ergnee" purposes or by a repatemd pvreseovr 4nd k.vya TM Cey or Faf Wo M asAumes no rasp&Wb6ty rcr Mm sauraoy of satl dare Traffic MemMarker Page 4 of 4 Revised 02/22/2019 ADVANCE FUNDING AGREEMENT PROJECT NAME: MEMORIAL MARKER HIGHT47AY SIGN SH 820 FROM IH 35W TO SH 199 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. Julius White Title: Sr Capital Projects Officer Email: Julius.White@fortworthtexas.gov APPROVAL RECOMMENDED: BY: Lauren Prieur, Director Transportation and Public Work Email: lauren.prieur@fortworthtexas.gov CONTRACT AUTHORIZATION M&C: M&C 25-1040 Date Approved: November 11, 2025 Form 1295: N/A APPROVED S TO FORM AND LEGALITY: B8e �4asBtaFle (Ney44 ;-5 �6 CST) Douglas W. Black Senior Assistant City Attorney Email: douglas.black@fortworthtexas.gov ATTEST AS TO CITY MANAGER SIGNATURE: BY: ' of........ �y�aadd Jannette S. Goodall o °o �° °dId City Secretary Ppv o ° Email: Jannette.Goodall@for•twor�thtexas.gov �� nEXA?o�b Name of Employee/Signature OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: 11/11/25 M&C FILE NUMBER: M&C 25-1040 LOG NAME: 20OFFICER HENRY "HANK" NAVA JR. MEMORIAL MARKER SUBJECT (CD 2, CD 4, CD 7 and CD 11) Adopt Resolution Authorizing Execution of a Memorial Marker Highway Sign Agreement with the Texas Department of Transportation for Installation of Memorial Signs on a Portion of Loop 820 from Interstate Highway 35W to Marine Creek Parkway to Honor Fallen Officer Henry "Hank" Nava Jr. and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution authorizing execution of a Memorial Marker Highway Sign Agreement with the Texas Department of Transportation for installation of memorial signs on a portion of Loop 820 from Interstate Highway 35W to Marine Creek Parkway to honor fallen Officer Henry "Hank" Nava Jr.; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Donations Capital Projects Fund, in the amount of $3,500.00 from Contributions From Others received from the applicant, for the purpose of funding the placement of honorary sign toppers (City Project No. 106437). DISCUSSION: The Texas Department of Transportation has a program for honoring deceased individuals who have made significant contributions to the lives of the people of the state. A request nominating such a designation for Officer Henry "Hank" Nava Jr. was received and reviewed by staff and the Texas Department of Transportation. The Texas Transportation Code, Sec. 225.004, provides for a local governmental entity to purchase and furnish to the department a suitable locally identifying memorial marker. He^ r "Hank" Nava, Jr. was a Fort Worth Police Officer who was wounded in the line of duty on November Aber 29th, 2005.Officer Nava suffered a gunshot wound during his Crime Response Team's effort to serve an arrest warrant at a home on the Northside of Fort Worth. While attempting to locate the wanted man, the man, who was hiding in the closet, emerged and began firing a handgun, wounding Officer Nava, who was taken to a local hospital, ultimately succumbing to his injuries on December 1, 2005. Officer Nava spent a total of 17 years in law enforcement serving the Fort Worth Police Department, Plano Police Department and Austin Park Police Department. Officer Nava was more than just a Fort Worth Police Officer, he was a husband, dad, son, brother, and friend to many. Officer Nava loved the City he worked for as well as the community, which was evident in everything he did. But most importantly he was a family man to his wife, Teresa, and children KayLeigh & Henry. In his spare time, he loved traveling to Disney World each year with his family and had a love for cruising to Mexico with Teresa. A map of the proposed designation is attached. The applicant will bear the cost of design and installation for two designation signs in the amount of $3,500.00. The Transportation and Public Works Department is responsible for the collection and deposit of funds due to the City. The installation will not be completed if funds are not received from the applicant. This project is located in COUNCIL DISTRICTS 2, 4, 7, and 11. A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: Texas Department of Transportation FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, receipt of the funds, and adoption of the attached appropriation ordinance, funds will be deposited into the Special Donations Cap Projects Fund as appropriated. The Transportation and Public Works Department (and Financial Management Services) is responsible for the collection and deposit of funds due to the City. Prior to any expense being incurred, the Transportation and Public Works Department also has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Jesica McEachern 5804 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Martin Phillips 7861 Signature: Email: DOCUMENT TITLE: M&C: 25-1040 FORTWORTH© Routing and Transmittal Slip Transportation & Public Works OFFICER HENRY "HANK" NAVA JR. MEMORIAL MARKER CPN: CSO: DOC#: Date: 11/12/25 To: Name Department Initials Date Out 1. Marva Fuller TPW - Initial 2. Julius White TPW - Signature 3. Anna Benavides TPW — Initial A8 4. Martin Phillips TPW-Initial 'P 5. Lauren Prieur TPW — Signature 6. Doug Black TPW — Signature 7. Jesica McEachern TPW - Signature 8. Kathrine Cenicola CSO - Initial KG 9. Jannette S. Goodall CSO - Signature 10. Allsion Tidwell CSO 11. 12. DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ®YES ❑No SAME DAY: ❑YES ❑No NEXT DAY: ®YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Thank you! ❑ Attach Signature, Initial and Notary Tabs FORTWORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: OFFICER HENRY "HANK" NAVA JR. MEMORIAL MARKER Subject of the Agreement: Texas Department of Transportation for Installation of Memorial signs on a portion of Loop 820 from Interstate Highway 35W to Marine Creek Parkway to Honor Fallen Officer Henry "Hank" Nava Jr. M&C Approved by the Council? * Yes IA No ❑ If so, the M&C must be attached to the conh,act. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original cono•act number- and the amendment number. Is the Contract "Permanent"? *Yes N No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No N If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 11/11/25 If di.ferent from the approval date. Expiration Date: N/A If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensw-e it is attached to the approving AM or attached to the contract. Project Number- Ifapplicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes A No ❑ Contracts need to be routed for CSO processing in the followingorder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.