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HomeMy WebLinkAboutContract 31215 CITY SECRETARY CSJ: 0902-48-353, 485, & 570 CONTRACT NO Project Name: Install median barrier at 3 Railroad Crossing Locations County: Tarrant Location West Berry Street @ FTW &W RR THE STATE OF TEXAS § East Berry St. @ FTW & W RR East Seminary Dr. @ FTW & W RR THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMEITTjj PROJECTS WITH NO REQUIRED MATCH - THIS 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 City of Fort Worth, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 106713 and 107737 authorizes the State to undertake and complete a highway improvement generally described as the upgrading of railroad signals under the 1997 Railroad Signal Program and he 2001 Federal Railroad Signal Program; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as the installation of raised concrete traffic medians to accommodate the installation of railroad gates. The medians will be 7" high concrete curb and gutter and will vary in length and width at each location to prevent cars from going around the railroad gates., hereinafter called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; 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, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work I iq L -- Government -Government has requested and has agreed to pay for as described in Attac fit` Provision and Work Responsibilities which is attached to and made a part of hid '..-;1:: AFA - AFAVoITIP Page 1 of 5 9/ 04 CSJ: 0902-48-353, 485, & 570 Project Name: Install median barrier at 3 Railroad Crossing Locations In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. Article 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. The Local Government will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 4. Responsibilities of the Parties The Local Government acknowledges that while it is not an agent, servant, 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 the Project. Article 5. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. Article 6. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. Article 7. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide 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. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 8. Increased Costs In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 10 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision rw ork Responsibilities, this provision shall only apply in the event changed site conditi s' -discovered or as mutually agreed upon by the State and the Local Government. `N ' AFA - AFAVoITIP Page 2 of 5Revised, 9/2/04 CSJ: 0902-48-353, 485, & 570 Project Name: Install median barrier at 3 Railroad Crossing Locations If any existing or future local ordinances, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or any other locally proposed changes, including, but not limited to plats or replats, result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing 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, including expenses related to relocation, removal, or adjustment of eligible utilities. Article 9. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. Article 10. Termination This agreement may be terminated in the following manner: ♦ by mutual written agreement and consent of both parties; ♦ by either party upon the failure of the other party to fulfill the obligations set forth herein; ♦ by the State if it determines that the performance of the Project is not in.the best interest of the State. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. ♦ Upon completion of the Project, 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 the owing party. 11. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: State: Robert D. Goode, P.E. Maribel P. Chavez, P.E. Director of Transportation & Public Works District Engineer City of Fort Worth Texas Department of Transportation 1000 Throckmorton PO Box 6868 Fort Worth, Texas 76102 Fort Worth, Texas 76115 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. 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 such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 12. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shaDQ precedence over the other agreements in matters related to the Project. p 9Article 13. Successors and Assigns AFA - AFAVoITIP Page 3 of 5 CSJ: 0902-48-353, 485, & 570 Project Name: Install median barrier at 3 Railroad Crossing Locations The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 14. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 15. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Article 16. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity 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. 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. Article 17. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. 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 a r ved and a thori ed by the Texas Transportation Commission, By Date��1/�0 Y Distric ngineer THE LOCAL GOVERNMENT Name of the--Local Gover �' �'y c� FarT 6t,r76 t By Date Typed or Printed Name and Title Marc A. Ott Assistant City Manager ArWED BYti. ,;, , Itt i ANll LEGALITi. Authorization -- - ��L-�. s5iuint clay A :ate L 'elC P.U V C,.� }SP .... AFA - AFAVoITIP Page 4 of 5 vf! p4 CSJ: 0902-48-353, 485, & 570 Project Name: Install median barrier at 3 Railroad Crossing Locations ATTACHMENT A Project Budget and Description The Local Government will provide 100% of the funding for the installation of the median at the following railroad crossing locations: CSJ: 0902-48-353 - West Berry Street at Fort Worth & Western Railroad $9,500 CSJ: 0902-48-570 - East Berry Street at Fort Worth & Western Railroad 14,700 CSJ: 0902-48-485 - East Seminary Drive at Fort Worth & Western Railroad 7,800 TOTAL: $32,000 It is understood that the proposed improvements will be done by the State and the Local Government will transmit to the State with the return of this Agreement, executed by the Local Government, a warrant or check in the amount of $32,000 made payable to the "Texas Department of Transportation" to be used solely for the cost of improvements as requested by the Local Government. It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. This is a construction estimate only, final participation amounts will be based on actual charges to the project. ;r ICc,1.-1,1 AFA - AFAVoITIP Page 5 of 5 Wit W-2/04 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/30/2004 DATE: Tuesday, November 30, 2004 LOG NAME: 20TXDOTRR REFERENCE NO.: **C-20413 SUBJECT: Authorize Agreement with the Texas Department of Transportation to Provide Funding for Railroad Crossing Improvements RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an agreement with the Texas Department of Transportation (TxDOT) to provide funding for railroad crossing improvement projects at three locations. DISCUSSION: This Agreement authorizes the City of Fort Worth to provide funding in the amount of $32,000.00 to the State for the installation of concrete medians at the railroad crossings listed below : Project Council District • West Berry and the Fort Worth & Western Railroad @ Cleburne Road 8 • East Berry and the Fort Worth & Western Railroad @ Mississippi Avenue 9 • East Seminary and the Fort Worth &Western Railroad @ Cole Street 8,9 The Texas Department of Transportation (TxDOT's) railroad program will fund new railroad signals with gates at an estimated total cost of $510,000 for three crossings. The City is to fund the necessary adjustments on City streets to accomodate the new railroad signal gates, as required by TxDOT. City staff has designed the medians to conform to quiet zone design standards, where possible. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current Capital Budget, as appropriated, in the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C115_541200 020115039138 $32.000.00 Submitted for City Manager's Office bMarc Ott (8476) Originating_Department Head: Robert Goode (7804) Additional Information Contact: Russ Wiles (7978) Logname: 20TXDOTRR Page 1 of Logname: 20TXDOTRR Pnap 7 of')