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Home My WebLink AboutContract 29055 CSJ: 8643-02-002 Project Name: Vickery Boulevard from Henderson St. to BU 287P (Main Street) County: Tarrant THE STATE OF TEXAS § CITY SECRETARY THE COUNTY OF TRAVIS § CONTRACT NO. LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) FOR VOLUNTARY TRANSPORTATION IMPROVEMENT PROJECTS (OFF-SYSTEM) THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Fort Worth, acting by and. through its City Council , hereinafter called the Local Governments. WITNESSETH WHEREAS, Transportation Code, Chapter 201 and Transportation Code; Chapter 221 authorizes the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Cornmission Minute Order Number 108653 authorizes the State to undertake and complete a highway improvement generally described as the reconstruction of Vickery Boulevard from Henderson to BU 287P (Main Street) from a 4 lane facility to a 4-lane facility with a left turn lane, a distance of 1.4 miles; 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 providing funding for the State so that changes can be made to the PS&E. to include the installation of conduit for future irrigation, hereinafter called the "Project"; and, WHEREAS, Transportation Code, §201.209 allows the State to enter into an interlocal agreement with the Local Government; 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. The period of this LPAFA is as stated in the MAFA, without exception. Article 2. Project Funding and Work Responsibilities. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, fi, ch fA„' Payment Provision and Work Responsibilities, also specifies those Project itm ,oa�v rk are the Page 1 of 4 „y /02 CSJ: 8643-02-002 Project Name: Vickery Boulevard from Henderson St. to BU 287P (Main Street) County: Tarrant responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. Texas Government Code, Chapter 2106 requires the State to recover indirect costs associated with this agreement as calculated based on prevailing rates specified in the State's Indirect Cost Recovery Program. Article 3. Right of Access. Not Applicable. Article 4. Responsibilities of the Parties. Responsibilities of the Parties will be under the conditions as provided for in the MAFA, without exception. Article 5. Document and Information Exchange. Not Appliable. Article 6. Interest. Interest will be under the conditions as provided for in the MAFA, without exception. 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. Increased cost will be under the conditions as provided for in the MAFA, without exception. Article 9. Maintenance. Not Applicable. Article 10. Termination. Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Article 11 Notices. Notices of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Local Government: Robert Goode, P.E. Director of Transportation and Public Works City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 760102 Article 12. Sole Agreement. Sole Agreement of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Article 13. Successors and Assigns. The State and the Local Government each binds themselves, their successors, executors, assigns, and administrators to the other parties to this agreement and to the successors, executors, assigns, and administrators of such other parties in respect to all covenants of this agreement. Page 2 of 4 Created 4/13/02 CSJ: 8643-02-002 Project Name: Vickery Boulevard from Henderson St. to BU 287P (Main Street) County: Tarrant Article 14. Amendments. Amendments to this LPAFA shall be made as described in the MAFA, without exception. Article 15. Incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. Any conflict between the terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA. Article 15. 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 GOVERNMENTS 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 approved and authorized by the Texas Transportation Commission. BY zC l L Date U 3 District Eng neer THE LOCAL GOVERNMENT ATTE AP V GI is Pearson Marc Ott City Secretary Assistant Ci Manager )�o %*�a a_lt-d Contract Authorization Date: Date: APPROVED AT TO FORM AND LEGALITY: APPROVAL RECOMMENDED: Gary Steinberger Robert Goode, P.E. Assistant City Attorney Director, Transportation/ Date: Q ` �/1S/o.& Public Works Department Page 3 of 4 'TIT. NAs Created 4/13/02 i CSJ: 8643-02-002 Project Name: Vickery Boulevard from Henderson St. to BU 287P (Main Street) County: Tarrant Attachment A Payment Provisions and Work Responsibilities 1. Payment Provisions The Local Government will provide 100% of the funding for the State to authorize its consultant (Kimley-Horn and Associates) to make changes to the PS&E for the Vickery Boulevard project. The amount of funds required is $10,800. Once this agreement is executed, the Local Government will forward a check or warrant made payable to the Texas Department of Transportation in the amount of$10,800. In the Event it is determined that the funding provided by the Local Government is insufficient to cover the State's costs, the Local Government will within 30 days from the receipt of the State's Written notification provide the additional funding to cover the State's anticipated additional costs. Upon completion of the Project, the State will perform an audit of the costs and any funds due to the Local Government will be promptly returned. 2. Work Responsibilities • The State will direct its consultant to make changes to the PSE for the installation of conduit for future irrigation of landscaping. Page 4 of 4 Created 4/13/02