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HomeMy WebLinkAboutItem 13 - Big Bear Creek Pedestrian Linkage TrailMEMO TO: FROM: MEETING DATE: SUBJECT: RECOMMENDATION: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL BRUNO RUMBELOW, CITY MANAGER � JULY 16, 2013 LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH TXDOT FOR THE BIG BEAR CREEK PEDESTRIAN LINKAGE TRAIL City Council consider approving a Local Project Advance Funding Agreement with TxDOT for the Big Bear Creek Pedestrian Linkage Trail, authorize payment in the amount of $277,000 to TxDOT for the construction costs, authorize the City Manager to execute said agreement and take any necessary action. FUNDING SOURCE: Funds for the construction of the trail will come from account 121 - 48850 - 312 -12- 000019 - $149,800 and the remaining $127,200 from the unencumbered balance in the Council Quality of Life Fund left because of the $700,000 saved in the State Highway 26 landscaping project. Over the past several years, residents in the Western Oaks and Belfort subdivisions have requested a safe access to the Big Bear Creek Hike & Bike Trail. Since the hike and bike trail is located on the north side of the creek and the subdivisions on the south side, there is no safe way to get access to the trail. Staff has seen residents from this area go down the side of the William D. Tate Avenue Service Road to the trail but this is not safe due to the speed of the vehicles on the service road. Initially, staff was looking at a trail linkage from Heritage Drive north and installing a pedestrian bridge across Big Bear Creek to the trail. However, one of the consulting firms interviewed for the design recommended using a part of the edge of the service road along William D. Tate Avenue to link up with the trail on the north side of the creek. This would be a much less expensive option and has been done in several other areas of the metroplex. At the December 4, 2012 meeting, the Council awarded a contract for the design of the trail linkage to Halff Associates in the amount of $75,200. The design of the trail is coming along well and is approximately 60% complete. Since TxDOT will be managing the construction of the trail, they require the City's funds prior to construction of the trail. The $277,000 figure is the estimated cost of construction of the trail. Actual costs will be established upon completion of the project. Staff recommends approval of the agreement. CSJ #0364-01-140 District 9 02-Fort Worth Code Chart 64 #17200 Project: Big Bear Creek Pedestrian Linkage Trail STATE OF TEXAS § [11i • J • a I 11,U—AGIREEi MIT-FUR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON-SYSTE11 THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State", and City of Grapevine, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Texas Transportation Code, Chapter 201 and 222 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, Texas Government Code Chapter 791 and Texas Transportation Code §201.209 and Chapter 221, authorizes the State to contract with municipalities and political subdivisions; and, WHEREAS, Texas Transportation Commission Minute Order Number 113552 authorizes the State to undertake and complete a highway improvement generally described as to construct a 6-foot wide sidewalk along the west shoulder of William D. Tate Avenue to connect the existing Big Bear Bike Trail at the north with the existing sidewalk south of Big Bear Creek; 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 to construct a 6-foot wide sidewalk along the west shoulder of William D. Tate Avenue to connect the existing Big Bear Bike Trail at the north with the existing sidewalk south of Big Bear Creek. The project includes constructing sidewalk, bridge rail, pedestrian rail, curb and gutter, and drainage features. The project limits are SH 121 Southbound Frontage Road (William D. Tate) between Western Oaks Drive and north of Stone Myers Parkway, 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: PUT97H 1. Time Period Covered The period of this Local Project Advance Funding Agreement (LPAFA) is as stated in the Master Agreement Governing Local Transportation Project Advance Funding Agreements (MAFA), without exception. AFA—LPAFA—volProj Page 1 of 5 Revised 01/23/2013 CSJ #0364 -01 -140 District # 02 -Fart Worth Code Chart 64 #17200 Project: Big Bear Creek Pedestrian Linkage Trail 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, 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. 3. Payment of Funds 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." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. 4. 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. 5. Adjustments Outside the Project Site 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. 6. Responsibilities of the Parties Responsibilities of the Parties will be under the conditions as provided for in the MAFA, without exception. 7. 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 entity creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 8. 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 AFA— LPAFA_volProj Page 2 of 5 Revised 01/23/2013 CSJ #0364-01-140 District # 02-Fort Worth Code Chart 64 #17200 Project: Big Bear Creek Pedestrian Linkage Trail 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 in this agreement by reference, or special specifications approved by the State. 9. Increased Cost Increased cost will be under the conditions as provided for in the MAFA, without exception. 10. Maintenance Project maintenance will be under the conditions as provided for in the MAFA, without exception. 11. Termination Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. 12. Notices Notices of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Local Government: Public Works Department Director City of Grapevine Grapevine, Texas 76099 State: Director of Contract Services Office Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 13. Successors and Assigns 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. 14. Amendments Amendments to this LPAFA shall be made as described in the MAFA, without exception. 15. Incorporation of Master Agreement Provisions This LPAFA incorporates all relevant provisions of the MAFA in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted in this agreement. Any conflict between the terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA. AFA—LPAFA—VolProj Page 3 of 5 Revised 01/23/2013 CSJ #0364-01-140 District # 02-Fort Worth Code Chart 64 #17200 Project: Big Bear Creek Pedestrian Linkage Trail 16. 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. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 17. 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. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA—LPAFA—VolProj Page 4 of 5 Revised 01/23/2013 CSJ #0364-01-140 District # 02-Fort Worth Code Chart 64 #17200 Project: Big Bear Creek Pedestrian Linkage Trail THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. Signature Typed or Printed Name Title Date THE STATE OF TEXAS District Engineer Date AFA—LPAFA—volProj Page 5 of 5 Revised 01/23/2013 CSJ -#0364-01-140 District # 02-Fort Worth Code Chart 64 #17200 Project: Big Bear Creek Pedestrian Linkage Trail Attachment A Construction cost include: sidewalks, bridge rails, pedestrian rails, curbs and gutters, drainage features and other items necessary for the actual construction of the project. The Local Government will be responsible for 100% of the costs. Initial payment by the Local Government to the State: $277,000 Payment by the Local Government to the State before construction: $0 Estimated total payment by the Local Government to the State $277,000 This is an estimate. The final amount of Local Government participation will be based on actual costs. 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. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. AFA—LPAFA—volProj Page 1 of 2 Revised 04/01/11 CSJ #0364-01-140 District # 02-Fort Worth Code Chart 64 #17200 Project: Big Bear Creek Pedestrian Unkage Trail Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. 1=- A. The State 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. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. The State will use its approved contract letting and award procedures to let and award the construction contract. C. Prior to their execution, the Local Government will be given the opportunity to review contract change orders that will result in an increase in cost to the Local Government. D. Upon completion of the Project, the party constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. E. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1 273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. AFA—LPAFA—volProj Page 2 of 2 Revised 04/01/11