HomeMy WebLinkAboutContract 36714 • � • CITY SECRETARY
CONTRACT TA CSJ#0902-48-562.0902-48-698,0902-48-699
No. District#02
Code Chart 64#15000
Project: Pedestrian connection to Central Business
from Seventh Street—Land Use/Joint Venture Project
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
AMENDMENT#1
THIS AMENDMENT 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 duly authorized officials, hereinafter called the
Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on 121h day of January 2004 to effectuate their agreement
to construct pedestrian connections in south of 71h corridor, including quiet zones; and,
WHEREAS, two sections have been added to the project;
WHEREAS, it has become necessary to amend that contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the
State and the Local Government do agree as follows:
AGREEMENT
Article 1. Description of Amended Items:
In an effort to reduce paperwork,two additional CSJs will identify different components of project 0902-48-562. The three CSJs
that pertain to each component are:
1) CSJ: 0902-48-562 - Museum Way Pedestrian,
2) CSJ: 0902-48-698- Pedestrian Crossing and Related Enhancements, and
3) CSJ: 0902-48-699-Pedestrian West Seventh Streetscape Enhancements.
Attachment D—Project Budget Estimate and Source funds is deleted in its entirety and replaced with Attachment D-1 —Project
Budget Estimate and Source Funds,which is attached to this Amendment.
All other provisions of the original contract are unchanged and remain in full force and effect.
03-05-08 A10:28 IN RR • ��
AFA—AFA Amend Page 1 of 3 Revised 11/09/05
Article 2. Signatory Warranty
The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization
they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT has executed duplicate counterparts to effectuate
this agreement.
THE LOCAL GOVERNMENT—CITY OF FORT WORTH
ATTEST: APPROVED:
Marty Hendrix—C Secretary Dale Fisseler—AsVisrfant City Manager
Contr t V
ri n V/ I -7
Date:M Date:
APPROVED AT TO FORM AND LEGALITY: APPROVAL RECOMMENDED:
Peter Vaky—Assistant Cy Attorney 12,I k.0.7 Fernando Costa-Director, Planning &
Development Department
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Department of Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved
and auth i ed by the Texas Transportation Commission.
By:
ice ullenix, ire for of Contr ct S rvices Section
ffice of General Council
exas Department of Transportation
Date: ct4V 3 / 9 0 0 p
AFA—AFA Amend Page 2 of 3 Revised 11/09/05
CSJ#0902-48-562,090248-698,
090248-699
District#02
Code Chart 64#15000
Project: Pedestrian connection to Central
Business District from Seventh Street—Land
Use/Joint Venture Project
Attachment D-1
Description Total Federal State Local
Estimate Cost Participation Participation Participation
% Cost % Cost % Cost
0902-48-562 Museum Way Pedestrian Enhancements
Construction $1,225,000 80% $980,000 $ - 20% $245,000
Engineering $118,750 80% $95,000 20% $23,750
Subtotal $1,343,750' $1,075,000 $ - $268,750
0902-48-698 Pedestrian Crossing and Related Enhancements
Construction $1,062,500 80% $850,000 $ - 20% $212,500
Engineering $285,304 80% $228,243 20% $57,061
Subtotal $1,347,804 $1,078,243 $ - $269,561
0902-48-699— West Seventh Streetscape Enhancements
Engineering-STP-MM funding $450,000 80% $360,000 20% $90,000
Construction -STP-MM funding $885,495 80% $708,396 $ - 20% $177,099
Construction -CMAQ Funding $319,183 80% $255,346 20% $63,837
Subtotal $1,654,678 $1,323,742 $ - $330,936
Grand subtotal 4,346,232 3,476,985 869,247
Direct State Costs at 4.27% (including $185,584 80% 148,467 20% $37,117
plan review, inspection and oversight)
TOTAL $4,531,816 $3,625,452 $ - $906,364
Previously Paid <$10,000>'
First Payment due upon Execution of $80,636
Agreement
Second payment due 60.days prior to N/A $815,728
the project letting
Direct State Cost will be based on actual charges.
Local Government's Participation $906,364
t
AFA—AFA Amend Page 3 of 3 Revised 11/09/05
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/18/2007 - Res. No. 3567-12-2007 & Ord. No. 17923-12-
2007
DATE: Tuesday, December 18, 2007
LOG NAME: 06SO7TXDOT REFERENCE NO.: G-16000
SUBJECT:
Authorize Execution of Amendment to Advance Funding Agreement with Texas Department of
Transportation, City Secretary Contract No. 29678, Related to West Seventh Village (South of 7th)
Project; Authorize Transfers from Capital Projects Funds to Grants Fund and Adopt Appropriation
Ordinance for City's Obligations under Such Amended Agreement; and Adopt Resolution Affirming
that the Requirements of the Transportation-Land Use Joint Venture Grant Program have been met
for such Project
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $304,722.12 from the 2004 New Development Fund to the Grants Fund to pay
the Texas Department of Transportation's administration fee for the West Seventh Village Project and a
portion of the Museum Way quiet zone improvements;
2. Authorize the transfer of $242,394.88 from the 1993 New Development Fund to the Grants Fund to pay
for a portion of the Museum Way quiet zone improvements;
3. Adopt the attached Resolution affirming that the requirements of the Transportation-Land Use Joint
Venture Grant Program have been met for the West Seventh Village Project;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $889,587.00; and
5. Authorize the City Manager to execute the attached amendment to City Secretary Contract No. 29678,
an Advance Funding Agreement with the Texas Department of Transportation that addresses funding
responsibilities for the Project.
DISCUSSION:
On January 28, 2003, the City Council authorized execution of an Advance Funding Agreement (the
Agreement) with Texas Department of Transportation (TxDOT) for receipt of a Transportation-Land Use
Joint Venture Grant for the West Seventh Village (South of 7th) project, City Secretary Contract No. 29678,
M&C C-19455. This project consists of three elements: 1) Museum Way streetscape improvements and a
railroad crossing quiet zone; 2) Lancaster Avenue pedestrian bridge; and 3) West Seventh streetscape
improvements (collectively, the Project). The quiet zone is completed and the M um-Way-str,tscape is
expected to be put out for bid in the first quarter of 2008. The Parks and CommrrOrfi, rvicei " partment
has hired Freese and Nichols to prepare the design for the Lancaster Avenue pec es �k y '�Wpltl�,
Under the original Agreement, the estimated cost of the Project was $3,784,585, f Ad►JLA' Al ire d to
Logname: 06SO7TXDOT Page 1 of 2
contribute $3,027,536, leaving the City responsible for $756,909. Since that time, both the cost and scope
of the Project have increased. Under the proposed amended Agreement, the estimated cost of the Project
is $4,531,816, of which TxDOT will contribute $3,625,452, leaving the City responsible for $906,364. The
City's portion may be covered through land dedication or cash, or a combination thereof. To date, $869,247
of the City's portion has already been accounted for: (i) pursuant to an Economic and Community
Development Agreement between the City and So7 #1, L.P., (the developer of the South of 7th
townhomes), So7 #1, L.P., contributed $10,000 in cash and $795,410 in land dedication, and (ii) as outlined
in M&C G-15468, adopted by the City Council on October 24, 2006, Acme Brick Company contributed
$63,837 in cash. The remaining $37,117 for which the City is responsible under the amended Agreement is
included in the attached appropriation ordinance. This sum covers a new, standardized 4.27 percent
administration fee charged by TxDOT for all locally let projects, including this Project.
The ordinance also appropriates an additional $342,470 from TxDOT (consisting of$148,467 non-cash and
$194,003 cash contributions), which, added to an additional $255,346 in TxDOT funds previously
appropriated pursuant to M&C G-15468, covers all of TxDOT's added costs under the amended
Agreement. The remaining $510,000 appropriated in the ordinance covers the cost of the railroad crossing
quiet zone for Museum Way, which the City agreed to pay for in accordance with a Community Facilities
Agreement between the City and So7 #1, L.P., City Secretary Contract No. 29230, M&C C-19454, as
amended by City Secretary Contract No. 32291, M&C C-20918. City staff initially pursued reimbursement
for the quiet zone expenses from the Project grant funds available under the Agreement, but the expedited
timing of construction would not accommodate the required TxDOT design review period and thus
disqualified the project for reimbursement. Staff recommends transferring $510,000 from the Capital
Projects Fund to the Grants Fund to cover this liability.
The attached Resolution, required by TxDOT, states that the City has met all of its requirements under the
Transportation-Land Use Joint Venture Grant Program. Upon approval of this M&C and adoption of the
attached Resolution, the City will be in such a position.
This project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of
the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 472202 022302898000 $304,722.12 (2)C113 538070 020113136360 $242,394.88
GR76 472113 022302898000 $242,394.88 (1)C202 538070 229770010880 $304,722.12
(4)GR76 451962 022302898000 $148,467.00 (4)GR76 541200 022302898020 $37,117.00
(4)GR76 451942 022302898000 $194,003.00
(4)GR76 541200 022302898020 $889,587.00
Submitted for City Manager's Office by: Dale Fisseler (6266)
Originating Department Head: Fernando Costa (8042)
Additional Information Contact: Randy Hutcheson (8008)
, � �r,l'-,t �v
��11Y J3
Logname: 06SO7TXDOT Page 2 of 2