HomeMy WebLinkAboutContract 30578 CSJ: 0902-48-558
Project Name: City of Fort Worth
Corridor Redevelopment Project
Funding Category: TCSP
County: Tarrant
STATE OF TEXAS §
COUNTY OF TRAVIS § CITY SECRETARY
LOCAL TRANSPORTATION PROJECT CONTRACT
NO.
ADVANCE FUNDING AGREEMENT
For a TCSP Project
(On State System)
THIS Local Project Advance Funding Agreement (LPAFA) 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, a Master Agreement Governing Local Transportation Project Advance Funding
Agreements (MAFA) between the Local Government and the State has been adopted, effective
August 28, 2000, and states the general terms and conditions for transportation projects developed
through this LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 109262 that provides for
the development of, and funding for, the project described herein; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
ordinance number 15654 dated August 26, 2003 attached hereto and made a part hereof as
Attachment A for development of the specific project which is identified in the location map and
concept plan shown as Attachment B1-B3.
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
1. The period of this LPAFA is as stated in the MAFA, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the MAFA, without
exception.
3. Amendments to this LPAFA shall be made as described in the MAFA, without exception.
4. Scope of Work
The scope of work for this LPAFA is described as the construction of pedestrian and streetscape
improvements in the Historic Handley Urban Village and the West Berry Street Urban Village.
I
In the Historic Handley Urban Village, funding in the amount of $395,000 will bd d'ghj$,`'dEJQ� - ;D
and construct the following improvements:
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CSJ: 0902-48-558
Project Name: City of Fort Worth
Corridor Redevelopment Project
• Streetscape improvements on the north side of East Lancaster Avenue between Handley
Drive and Forest Avenue.
• Streetscape improvements on the east and west sides of Handley Drive between Lancaster
Avenue and Kerr Street.
• Streetscape improvements on the east and west sides of Forest Avenue between Lancaster
Avenue and Kerr Street.
• Pedestrian crosswalk improvements at the intersection of Handley Drive and Lancaster
Avenue.
• Pedestrian crosswalk improvements at the intersection of Forest Avenue and Lancaster
Avenue.
• A centered landscaped median on Lancaster Avenue between Handley Drive and Forest
Avenue.
• A centered landscaped median on Forest Avenue between Lancaster Avenue and Kerr Street.
• A centered landscaped median on Handley Drive between Lancaster Avenue and Kerr Street.
• A north/south pedestrian crossing on Lancaster Avenue centered between Forest Avenue and
Handley Drive.
(Refer to Conceptual Plan in Attachment 132)
In the West Berry Street Urban Village CSJ: 0902-48-490 funding in the-amount of$400,000 will be
used to construct the following items:
• Street reconstruction. (including raised landscaped medi s and crosswalk pavers)
• Widening of sidewalks with brick pavers. g.q.01
• Landscaping along sidewalks and within the median.
• Irrigation.
• Lighting.
• Street furniture.
• Wayfinding signage.
• Adding enhancements to intersections and crosswalks.
5. Right of Way and Real Property shall be acquired under one of the following procedures (check
either a. or b.):
a. Purchase by the State. Acquisition of right of way shall be the responsibility of the State,
as stated in the MAFA, without exception, unless otherwise provided in Special Provisions and/or
Attachment C. A warrant or check in the amount of the Local Government's estimated
participation as reflected in Attachment C, shall be made payable to the Texas Department of
Transportation and transmitted to the State prior to release of the Project by Right of Way
Division, or within thirty (30) days from receipt of the State's written notification, whichever is
earlier.
OR
b. Purchase by the Local Government for the State. Acquisition of rig t of uNa
the responsibility of the Local Government, as stated in the MAFA, without ex ep ,. 5 ` r
otherwise provided in Special Provisions and/or Attachment C. Y
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CSJ: 0902-48-558
Project Name: City of Fort Worth
Corridor Redevelopment Project
6. Donations of real property may be credited to the Local Government's funding obligation for cost
of right of way to be acquired for this project. This section shall apply only to projects for which
there is no federal financial assistance and for which the State is responsible for acquisition of
the right of way. Credit for all real property, other than property which is already dedicated and/or
in use as a public road, donated by the Local Government to the State shall be based on the
property's fair market value established as of the effective date of this LPAFA. The fair market
value shall not include increases or decreases in value caused by the project and should include
the value of the land and improvements being conveyed, excluding any damages to the
remainder. The Local Government will provide to the State all documentation to support
the determined fair market value of the donated property. Such documentation shall include an
appraisal of the property by a qualified appraiser, unless the Local Government determines that
an appraisal is unnecessary because the valuation problem is uncomplicated and the fair market
value is estimated at no more than $10,000.00. The cost of appraisal will be the responsibility of
the State. The State will review the submitted documentation and make a final determination of
value; provided however, the State may perform any additional investigation deemed necessary,
including supplemental appraisal work by State employees or employment of fee appraisers.
Credit shall be given only for property transferred at no cost to the State after the effective date
of this LPAFA and the State's issuance of a letter of funding authority, and only for property
which is necessary to complete this project. Credit shall be in lieu of monetary contributions
required to be paid to the State for the Local Government's funding share of the right of way to be
acquired for this project. The total credit cannot exceed the Local Government's matching share
of the right of way obligation under this LPAFA, and credits cannot be reimbursed in cash to the
Local Government, applied to project phases other than right of way, nor used for other projects.
In the event the Local Government's monetary contributions to the State for acquisition of right of
way, when added to its donation credits, exceed the Local Government's matching share of
the right of way obligation, there will be no refund to the Local Government of any portion
of its contributed money.
7. Adjustment of eligible utilities and payment of costs associated with such adjustment shall be
provided by the State (or) 4 Local Government (check the applicable party) and shall be
in accordance with provisions set forth in the MAFA.
8. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement,
without exception.
9. Compliance with Texas Accessibility Standards and ADA will be as stated in the MAFA, without
exception.
10.Architectural and Engineering Services will be provided by the Local Government. The Local
Government is responsible for performance of any required architectural or preliminary
engineering work. The State will review and comment on the work as required to accomplish the
public purposes of the State. The Local Government will cooperate fully with the State in
accomplishing these local public purposes to the degree permitted by State and Federal law.
11.Construction Responsibilities will be carried out by the State, as stated in t e=11¢►FA, v!li: ho1�,�
exception. ,r'J' J.,� 15'� `7aiD
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CSJ: 0902-48-558
Project Name: City of Fort Worth
Corridor Redevelopment Project
12.Project Maintenance will be undertaken as provided for in the MAFA, without exception.
13.Local Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C.
b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. All right of way Project cost overruns shall be shared in the same cost participation ratios as
apply under this agreement to the applicable cost category. Other overruns are as stated in
the MAFA.
d. The Local Government, without cost to the State, will do the necessary preliminary
engineering. For purposes of this agreement, preliminary engineering includes design
schematics, property descriptions, parcel plats and right of way maps.
e. Unless otherwise provided for in this agreement, payment is as stated in the MAFA. In the
event the State determines that additional funding is required by the Local Government at any
time during the development of the Project, the State will notify the Local Government in
writing. The Local Government will make payment to the State within thirty (30) days from
receipt of the State's written notification.
f. 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 entity.
g. 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.
14.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.
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.
16.Signatory Warranty. The signatories to this agreement warrant that each has the authority to
enter into this agreement on behalf of the party represented.
�9]CIA,I9EC r�
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CSJ: 0902-48-558
Project Name: City of Fort Worth
Corridor Redevelopment Project
17. Special Provisions. The category of funding for this project is Transportation and Community nd
System Preservation (TCSP) funds. These funds fund 100% of this project. The Local
Government will be responsible for all costs over the funding limit of $795,000.
IN TESTIMONY HEREOF, the parties hereto have caused these present to be executed in duplicate
counterparts.
THE LOCAL GOVERNMENT
ATTEST: APP I, ED:D
Syl# Glover L' y Watson
A ting City Secretary Assistant City Manager
9
I !1 1/ ;Contract Authorization Date: d
Date:?)—a( O�
APP OVED AT TO FORM AND LEGALITY: APPROVAL RECOMMENDED:
Sarah Fullenwider Fernando Costa
Assistant City Attorney Planning Director
Date: Jr 'p� `E��`{ Date: .'r /04
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:
anice Mullenix _
Director of Contract Services Section �P11JA ROD
Date: g, 9 o y CITY SECUPIPY
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CSJ: 0902-48-558
Project Name: City of Fort Worth
Corridor Redevelopment Project
ATTACHMENT A
ORDINANCE OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
City of Fort Worth, Texas
"agar and Council communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/26/03 **G-14062 22UV TCSP 1 of 2
SUBJECT AUTHORIZATION TO APPLY FOR AND ACCEPT A FEDERAL TRANSPORTATION
GRANT FOR PEDESTRIAN AND STREETSCAPE IMPROVEMENTS IN HISTORIC
HANDLEY AND BERRY/UNIVERSITY VILLAGE AND TO ADOPT THE ATTACHED
APPROPRIATION ORDINANCE
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and accept a Transportation and Community and System
Preservation Pilot Program grant in the amount of $795,000 from the Federal Highway
Administration to fund the extension of pedestrian and streetscape improvements in Historic
Handley and Berry/University Village; and
2. Authorize the City Manager to execute a Grant Agreement with the Texas Department of
Transportation (TxDOT)to fund the improvements listed above;and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by$795,000 upon receipt of the grant.
DISCUSSION:
The Transportation and Community and System Preservation Pilot Program (TCSP) is a grant program
administered by the Federal Highway Administration (FHWA) that allocates funds to 'states, local
governments, and metropolitan planning organizations to improve the efficiency of the transportation
system; reduce environmental impacts of transportation; reduce the need for costly future public
infrastructure investments; ensure efficient access to jobs, services, and centers of trade; and examine
private sector development patterns and investments that support these goals.
During the FY 2003 federal appropriations process,the City received a TCSP earmark in the amount of
$795,000 to support the development of Fort Worth's urban villages. The TCSP funds do not have a
matching requirement.
City staff evaluated designated urban villages according to the following criteria: 1) consistency of
potential unfunded improvements with the purposes of the TCSP program,2)ratio of private investment
(consistent with the urban village plan) to public investment during the past five years, 3) status of
mixed-use zoning, and 4) whether a proposed extension of funded improvements would complete a
significant project. Based on these criteria, staff assigned the highest ratings to Historic Handley and
Berry/University Village. Staff recommends that the funds be used to extend proposed pedestrian and
streetscape improvements in both villages as follows:
• One block along the north and south sides of East Lancaster Avenue, between Erie Street and
Forest Avenue, in Historic Handley($395,000);and
• One block on the south side of Berry Street, between McCart Avenue and Forest Park Boulevard,
in Berry/University Village($400,000).
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CSJ: 0902-48-558
Project Name: City of Fort Worth
Corridor Redevelopment Project
ATTACHMENT A
ORDINANCE OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
City of Fort Worth, Texas
"Agotr And Council IZommunicAtion
DATE REFERENCE NUMBER LOG NAME PAGE
8/26/03 **G-14062 I 22UV TCSP 2 of 2
SUBJECT AUTHORIZATION TO APPLY FOR AND ACCEPT A FEDERAL TRANSPORTATION
GRANT FOR PEDESTRIAN AND STREETSCAPE IMPROVEMENTS IN HISTORIC
HANDLEY AND BERRY/UNIVERSITY VILLAGE AND TO ADOPT THE ATTACHED
APPROPRIATION ORDINANCE
At its August 12, 2003 meeting, the City Council's Central City Revitalization and Economic
Development Committee reviewed the staffs findings and recommended allocation of the TCSP grant
to Historic Handley and Berry/University Village as described above.
The projects are located in COUNCIL DISTRICTS 5 and 9, respectively.
FISCAL INFORMATION/CERTIFICATION:"
The Finance Director certifies that upon approval of the above recommendations, receipt of the grant
and adoption of the attached appropriation ordinance; funds will be available in the current budget, as
appropriated, in the Grants Fund.
RZ:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GR76 451942 0223028 9900D $795,000.00
Richard Zavala(Acting) 6153 GR76 (5)VARIOUS 022302899010 $395,000.00
Originating Department Mend: GR76 (5)VARIOUS U22302879020 X400,000.00
Fernando Costa 8042 (from) APPROVED 05/26/03
ORDA 15654
Additional Information Contact:
Dcdm Ragland 5541
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CSJ: 0902-48-558
Project Name: City of Fort Worth
Corridor Redevelopment Project
ATTACHMENT B1
PROJECT LOCATION MAP
Historic Handley
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CSJ: 0902-48-558
Project Name: City of Fort Worth
Corridor Redevelopment Project
ATTACHMENT B2
HISTORIC HANDLEY CONCEPTUAL PLAN
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AFA—LPAFA OnSys Page 9 of 11 Revised 8/1/03
CSJ: 0902-48-558
Project Name: City of Fort Worth
Corridor Redevelopment Project
ATTACHMENT B3
PROJECT LOCATION MAP
Berry/University Urban Village
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CSJ: 0902-48-558
Project Name: City of Fort Worth
Corridor Redevelopment Project
ATTACHMENT C
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
Description Total
Estimate
Cost
Historic Handley West Berry Street
Urban Village Urban Village
Improvements Improvements
CSJ: 0902-48-490
100% Federal Funds $679,725 $337,725 $342,000
Construction Phase Engineering $115,275 $57,275 $58,000
(Estimated @ 14.5% of Construction)
CONSTRUCTION TOTAL $795,000 $395,000 $400,000
Payment Due Upon Execution of $2,500
Agreement
Note: This is a 100% reimbursable project up to the maximum amount of$795,000
Total participation required from the Local Government = 0.00
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