Loading...
HomeMy WebLinkAboutItem 03 - BS 144Lj MEMO TO: FROM: MEETING DATE: SUBJECT: RECOMMENDATION: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROGER NELSON, CITY MANAGER 3R � / R"—" NOVEMBER 2, 2004 ADVANCED FUNDING AGREEMENT / TEXAS DEPARTMENT OF TRANSPORTATION / BS 114 L City Council consider approving an Advanced Funding Agreement with the Texas Department of Transportation for the City of Grapevine's participation in the funding of the BS 114 L improvements in the amount of $119,831.00, authorize Staff to execute said agreement, and take any necessary action. FUNDING SOURCE: Funds are available as follows: Funding Source Account Amount Award Percent 2000 GO Bonds 178 -78103-011 $778,322.00 $119,831.00 97.6% Private Developer 178-21579 $19,000.00 2.4% TOTAL $797,322.00 $119,831.00 100.0% Budget Amount Award Percent Engineering $598,755.00 75.1% Construction $119,831.00 $119,831.00 15.0% Contingency $78,736.00 9.9% TOTAL $797,322.00 $119,831.00 100.0% BACKGROUND: The scope of this project is to widen BS 114 L between SH 114 / 121 and NW Highway from a two lane roadway to a six lane divided roadway. Funding for construction is being provided by the North Central Texas Council of Governments (NCTCOG) and TxDOT (On System Project). R:\AGENDA\11-02-04700T Adv Funding Agmt BS 114 L.doc October 27, 2004 (9:54AM) The purpose of this agreement is to establish the participation of the City in components of the construction not normally included under federal or state funding. At the request " of the City, five and six foot wide sidewalks have been included in the scope of this project. The cost for the sidewalk must be funded by the City. Additionally, the development permit issued by TxDOT for the Grapevine Station development on the west side of BS 114 L north of the railroad track included the requirement that the developer fund the cost of a deceleration lane for southbound traffic entering the site from BS 114 L. Since the development will be completed before the roadway construction, TxDOT required that the funds be provided by the developer in advance as a condition to the permit. The funds have been supplied to the City to be applied to the construction costs as needed. ( $19,000.00 ) Staff recommends approval. JSL/jdr R:\AGENDA\11-02-04UxD0TAdv Funding Agmt BS 114 l.doc October 27, 2004 (9:54AM) 9 5! ST HWY I 5- -ALLA CSJ: 0353-07-014 Project Name: Bus 114L from SH 114 to East Intersection of SH 26 County: Tarrant THE STATE OF TEXAS 9 . COUNTY OF TRAVIS 5 ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT IS MADE BY AND BETW :.w . u t'� ¢ate of Texas, acting by and through the Texas Department of Transportation h�re. ,--"State", ar ` e City of Grapevine, acting by and through its duly authorized r Ler called the "Lc overnment." '`IESSETH WHEREAS. T- Mate to lay out, State V�._-,RE`­��. undertake an complete ,ness 114L to a 6 lane facility from EREAS, the Local Government ocai Government to participate in said improvement by fu; described as: • The construction of a._':' valk that varies in wsk_:th Ti.._ 6' in the fallowing locations: 1) West of Bus 'i , , -%-n Station 2+30 to Station 48+00, 2) East of Bus 114L from Station 32+15 to Station 60+20. • The construction of a deceleration lane alonq Bus _1.14L at the Grapevine Station entrance, 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. icle 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. AFA - AFAVoITIP Page 1 of 5 Revised 9/2/04 CSJ: 0353-07-014 Project Name: Bus 114L from SH 114 to East Intersection of SH 26 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 Goverment 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 and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. AFA - AFAVoITIP Page 2 of 5 Revised 9/2/04 CSJ: 0353-07-014 Project Name: Bus 1141- from SH 114 to East Intersection of SH 26 If any existing or future local ordinances, including, but not limited to, outdoor advertising billboards or ,orm water drainage facility requirements, are more restrictive than State or Federal Regulations, or y 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), iaaressea to sucn party at the Toliowina addresses: Local Government: I State: Roger Nelson Maribel P. Chavez, P.E. City Manager District Engineer P. O. Box 95104 P.O. Box 6868 Grapevine, TX 76099 Fort Worth, TX 76115 Hii notices snail De oeemea 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 shall take -cedence over the other agreements in matters related to the Project. Article 13. Successors and Assigns AFA - AFAVoITIP Page 3 of 5 Revised 9/2/04 CSJ: 0353-07-014 Project Name: Bus 114L from SH 114 to East Intersection of SH 26 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 approved and authorized by the Texas Transportation Commission. go District Engineer THE LOCAL GOVERNMENT 48me of the Local W-0 Typed or Printed Name and Title Government Date to AFA - AFAVoITIP Page 4 of 5 Revised 9/2/04 ATTACHMENT A Payment Provision and Work Responsibilities The Responsibilities of the State CSJ: 0353-07-014 Project Name: Bus 114L from SH 114 to East Intersection of SH 26 The State will be responsible for the letting and the construction of: a The construction of a 4" thick sidewalk that various in width from 5' to 6' in the following locations: 1) West of Bus 114L from Station 2+30 to Station 48+00 2) East of Bus 114L from Station 32+15 to Station 60+20. The construction of a deceleration lane along Bus 114L at the Grapevine Station entrance. The Responsibilities of the Local Government The Local Government will provide 100% of the funding for these portions of the project, which is estimated to be $119,831. A breakdown of the funding is as follows: Estimated Construction Cost of Sidewalk: $97,470 Plus Estimated Construction Cost of Deceleration Lane: +10,974 Subtotal: $108,444 Plus Engineering and Contingencies (10.5%): +11,387 Total: $119,831 Payment Provision Approximately 60 days prior to the letting of the project by the State, the Local Government will be notified that the funding for the project is now due. At that time the Local Government will forward a check or warrant made payable to the Texas Department of Transportation in the amount of $119,831. AFA - AFAVoITIP Page 5 of 5 Revised 9/2/04