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HomeMy WebLinkAboutContract 40308 (2)CITY SECRETARY trictt 02 # 02-Fort 8 CS#Fort Wo q,ONTRACT NO Dist -- Code Chart 64 #15000 Project: Widen Golden Triangle Boulevard from IH 35W to US 377 Agreement # 02-7XXF6016 CFDA #20,205 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A STP-MM PROJECT (Off 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 between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 109460 that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dateU "Wx m,ber' 3aa0o� which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. 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 Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as the widening of Golden Triangle Boulevard, between IH 35W to US 377, from the current 2 lane to a 4 lane divided highwa with accommodation to go to a 6 lane highway at a future date. AFA-LPAFA_ShortGen.doc Page 1 of 9 Revised 09/23/2009 CSJ 7F0902-48-708 District # 02-Fort Worth Code Chart 64 #15000 Project: Widen Golden Triangle Boulevard from IH 35W to US 377 Agreement # 02-7XXF6016 CPDA 4204205 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the State, as stated in the Master Agreement, without exception. The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 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 AASHTO standards. 10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the issuance of a formal Letter of Authority by the Federal Highway Administration. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal Letter of Authority is formally issued. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before a letter of authority is issued. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. AFA-LPAFA_Short Gen.doc Page 2 of 9 Revised 09/2312009 CSJ #0902-48-708 District # 02-Fort Worth Code Chart 64 #15000 Project: Widen Golden Triangle Boulevard from IH 35W to US 377 Agreement # 02-7XXF6016 CFDA #20.205 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. The Local Government is responsible for all non-federal and non -state funding, including all project cost overruns, unless otherwise provided for in this Agreement or through amendment of this agreement. d. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. e. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. f. 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. g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if 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 government. The cost of providing 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 but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. h. 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. Any 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. i. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. AFA-LPAFA_ShortGen.doc Page 3 of 9 Revised 09/23l2009 CSJ #090248-708 District # 02-Fort Worth Code Chart 64 #15000 Project: Widen Golden Triangle Boulevard from IH 35W to US 377 Agreement # 02-7XXF6016 CFDA #20,205 j. Whenever American Recovery and Reinvestment Act of 2009 ARRA funds are used and the Local Government is performing any work, either directly or through a contractor, it must comply with the following provisions. If a Local Government is receiving ARRA funds, but is not performing any work, the following provisions apply, if appropriate, and to the extent necessary to comply with ARRA regulations. In accordance with Section 902 of the ARRA, should this agreement involve the expenditure of ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to: a. examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to the contract or subcontract; and b. interview any officer or employee of the contractor or any of its subcontractors, or any State or local agency administering the contract regarding such contracts. Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of the Comptroller General. In accordance with Section 1515(a) of the ARRA, with respect to each contractor grant awarded using covered funds, any representative of an appropriate inspector general appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized: a. to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to and involve transactions relating to the contract, subcontract, grant, or subgrant; and b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency regarding such transactions. Section 1515(b) further provides that nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of an inspector general. The ARRA requires that the Contractor report monthly employment information for its firm as well as that of ail of its subcontractors. The Contractor, similarly, shall include this reporting requirement in all of its subcontracts. Failing to include the requirement in agreements with subcontractors can serve as grounds for contract termination. Farm FHWA-1589, Monthly Employment Report, promulgated by the Federal Highway Administration (FHWA), captures the necessary monthly employment information and shall be submitted by the Contractor on a regular basis to the LG (Local Government). It is the responsibility of the LG to obtain this form from the prime Contractor and any subcontractors and, the LG shall verify the accuracy, completeness, and reasonableness of the data contained in the form. The LG shall ensure that this form AFA-LPAFA_ShartGen.doc 09/23/2009 Page 4 of 9 Revised CSJ #090248-708 District # 02-Fort Worth Code Chart 64 #15000 Project: Widen Golden Triangle Boulevard from IH 35W to US 377 Agreement # 02-7XXF6016 CFDA #20,205 is submitted by the LG to the State according to the policies and at the direction of the State. In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to the State all information requested by the State, including data or information in possession of contractors and subcontractors for completing other necessary reporting forms, and the information shall be submitted in the manner required and according to all due dates as set by the State. j. Whenever funds from the American Recovery and Reinvestment Act of 2009 (ARRA) are distributed to a Local Government, the Local Government must complete its Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC), as required by OMB Circular A-133, and separately identify any ARRA expenditures for Federal Awards. k. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. 13. 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. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14. Incorporation of Master Agreement Provisions, This LPAFA incorporates all of the governing 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. 15. 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. 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. 17. Debarment Certification. The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment AFA-LPAFA_ShortGen.doc Page 5 of 9 Revised 09/23/2009 CSJ #0902-48-708 District # 02-Fort Worth Code Chart 64 #15000 Project: Widen Golden Triangle Boulevard from IH 35W to US 377 Agreement # 02-7XXF6016 CFDA #209205 and Suspension." By executing this agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification. IN TESTIMONY HEREOF, the parties hereto have caused these presents to duplicate counterparts. �, I Attested by: 0 Marty Hendrix, ity Secretary C-,14acds m Fernando Costa Title: Assistant City Manager Date: 05 V in 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. CA 3YI (Ipopqw ?;� 0%00�� nice Mullenix Director of Contract Services Texas Department of Transportation Date: AFA-LPAFA_ShortGen.doc Page 6 of 9 Revised 09/23/2009 CSJ #0902-4&708 District # 02-Fort Worth Code Chart 64 #15000 Project: Widen Golden Triangle Boulevard from IH 35W to US 377 Agreement # 02-7XXF6016 CT DA 4204205 ATTACHMENT A Resolution of Local Government Approving This LPAFA AFA-LPAFA_ShortGen.doc Page 7 of 9 Revised 09123/2009 • NO. 3664-09-2008 A RESOLUTION AUTHORIZING EXECUTION OF A LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A SURFACE TRANSPORTATION PROGRAM - METROPOLITAN MOBILITY PROJECT FOR THE WIDENING OF GOLDEN TRIANGLE BOULEVARD, FROM IH-35W TO US 377, FROM A CURRENT 2 LANE TO A 4 LANE DIVIDED WITH ACCOMMODATION TO GO TO A 6 LANE FACILITY IN THE FUTURE (PROJECT NO.00140) WHEREAS, the Texas Transportation Commission passed Minute Order 109460 that provides for the development and funding for the widening and reconstruction of Golden Triangle Boulevard, between IH-35W to US 377, from a current 2 lane to a 4 lane divided with accommodation to go to a 6 lane facility in the future; and WHEREAS, the City of Fort Worth desires to enter into a Local Project Advance Funding Agreement with the Texas Department of Transportation to set forth the division of costs and responsibilities associated with the project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Authorizes the City Manager or his designee to execute a Local Project Advance Funding Agreement with the Texas Department of Transportation for a Surface Transportation Program -Metropolitan Mobility project for the widening of Golden Triangle Boulevard, from IH-35W to US 377, from a current 2 lane to a 4 lane divided with accommodation to go to a 6 lane facility in the future (PROJECT N0.00140). PASSED AND APPROVED by the City Council of the City of Fort Worth, Texas on this the 30th day of September, 2008. ATTEST: /� City Secretary i r Z008 City Secretary of the City mf Fort Worth, Texas CSJ #0902A&708 District # 02-Fort Worth Code Chart 64 #15000 Project: Widen Golden Triangle Boulevard from IH 35W to US 377 Agreement # 02-7XXF6016 C�=DA 4206205 ATTACHMENT B Project Location Map AFA-LPAFA_ShortGen.doc Page 8 of 9 Revised 09123/2009 d� a 9� did' f 11mbw 'y • J ,fj_' FAK 1709 9 ,y z r ANY WHI - F Or P Zyr • ^e INN �— ' WALL .PRICE r to NO t �. HER:E KROGER DR. — VICINITY MAP _ IEAGGE 1wAN3 CSJ #0902-48-708 District # 02-Fort Worth Code Chart 64 #15000 Project: Widen Golden Triangle Boulevard from IH 35W to US 377 Agreement # 02-7XXF6016 CPDA #20205 ATTACHMENT C Project Budget Estimate and Source 4f Funds The Local Government will participate in the cost of the widening of Golden Triangle Boulevard, (off state system) between IH 35W to US 377, from the current 2 lane to a 4 lane divided highway with accommodation to go to a 6 lane highway at a future date. The Local Government is responsible for all costs above the fixed federal contribution. The Local Government's estimated participation of this additional work is $8,786,037.00, including construction items, and contingencies. The State has estimated the project to be as follows: Total Description Estimate Federal State Local Cost Participation Participation Participation Cost % Cost % Cost CONSTRUCTION COSTS Construction $5,392,365 0% $0.00 0% $0.00 100% 51392,365 Construction Cat 7 Funds $14,538,969 80% $11,631,175 0% $0.00 20% $2,9071794 Subtotal $19,931,334 $11,631,175 $0.00 $8,300,159 Direct State Costs (including inspection & oversight) @ $1,167,976 58.4% $682,098 0% $ 0.00 41.6% $485,878 5.86% TOTAL $21,099,310 Fixed $12,313,273 WOO $8,786,037 Total due 60 days prior to letting $83786,037 Direct State Cost will be based on actual charges. Local Government's Participation = 8 786 0 7 This is only an estimate, final participation amounts will be based on actual charges to the project. The Local Government is responsible for all costs above the fixed federal contribution. The Local Government shall remit a check in the amount of $8,786,037.00 upon execution of this agreement. AFA-LPAFA_ShortGen.doc Page 9 of 9 Revised 09/23/2009 ,Texas Department of Transportation P.O. BOX 6868 •FORT WORTH, TEXAS 76115-0868 • (817) 370-6500 June 4, 2010 Golden Triangle CSJ: 0902-48-708 William Verkest Director of Transportation/Public Works City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Dear Mr. Verkest: Attached for your files, is one fully executed original of the Local Project Advance Funding Agreement between the City of Fort Worth and the State for the above referenced project. This Agreement is for the construction of Golden Triangle from IH 35W to US 377. Please be advised that Mr. Oscar Chavez, PE, of the North Area Office, will be your day- to-day contact for this project. He can be reached at (817) 399-4300. All contractual matters concerning this agreement will continue to be handled by the Contract Management Office. Enclosures Contract Specialist Contract Management 05-09-1 0 PO4 � 15 I t`I THE TEXAS PLAN REDUCE CONGESTION •ENHANCE SAFETY •EXPAND ECONOMIC OPPORTUNITY •IMPROVE AIR QUALITY INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS An Equal Opportunity Employer M&C Review Page 1 of 3 Official site of the City of Fort l�Jorth, texas REFERENCE ** 20GOLDEN TRIANGLE DATE: 3/23/2010 NO : C-24136 LOG NAME: CONSTRUCTION PUBLIC CODE: C TYPE: CONSENT HEARING: NO SUBJECT: Authorize the Correction to M&C C-23104 Authorizing the Execution of a Local Project Advance Funding Agreement and Initial Payment to the Texas Department of Transportation for the Construction of Golden Triangle Boulevard from Interstate Highway 35W to US Highway 377 (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the correction of: 1. Recommendation No. 1 of M&C C-23104 revising the total Local Project Advance Funding Agreement amount from $25,162,710.00 to $22,848,000.00 and revising the City participation amount from $14,162,710.00 to $11,848,000.00; and 2. Recommendation No. 8 of M&C C-23104 revising the initial payment amount to the Texas Department of Transportation from $1,517,433.00 to $1,269,429.00. DISCUSSION: Per M&C C-23104 approved by City Council on September 30, 2008, the total funding for the project is $25,018,041.00 which consists of the following sources: Federal City Match 2004 CIP Developer CFA Tarrant County 2006 CIP TOTAL $11,000,000.00 $6,373,753.67 $344, 287.33 $7,300,000.00 $25,018,041.00 The Texas Department of Transportation (TxDOT) separated the project's design and construction phases into separate funding agreements with the City. This results in lower costs to the City in the amount of $169,669.00 for TxDOT's review of the plans, specifications, estimates and environmental documents. In M&C C-23104, the City Council approved payment to TxDOT in the amount of $1,517,433.00. These revised Agreements only require initial payments totaling $1,347,764.00. The savings to the City will be applied to the right-of-way acquisition and future construction costs. Upon execution of the construction Local Project Advance Funding Agreement (LPAFA) between the City and TxDOT, the first payment of $1,269,429.00 will be due to TxDOT. BACKGROUND: The 2004 Capital Improvement Program (CIP) approved $7,300,000.00 for the design and construction of this project as a four lane divided roadway. The Tarrant County 2006 Bond Program approved $7,300,000.00 for this project. The North Central Texas Council of Governments (NCTCOG) added this project to the Transportation Improvement Program (TIP) and the Statewide TIP in July 2006 to approve $11,000,000.00 in Federal funds. http://apps.cfwnet.org/council�acket/mc review.asp?ID=12812&councildate=3/23/2010 6/10/2010 M&C Review Page 2 of 3 On September 6, 2005, (M&C C-20954) the City Council authorized the City Manager to execute an Engineering Services Contract (City Secretary Contract No. 32378) with Teague Nall and Perkins, Inc., in the amount of $355,275.00 for the schematic design of Golden Triangle Boulevard from Interstate Highway 35W to US Highway 377. On December 12, 2006, (M&C C-21883) the City Council authorized the City Manager to execute Amendment No. 1 to City Secretary Contract No. 34416 (an Engineering Services Contract) with Teague Nall and Perkins, Inc., in the amount of $1,711,431.00 for the final design of Golden Triangle Boulevard from Interstate Highway 35W to US Highway 377 for a total contract cost of $2,066,706.00. On April 3, 2007, the City Manager administratively executed an Advance Funding Agreement (City Secretary Contract No. 35194) with the Texas Department of Transportation in the amount of $25,000.00 for the review of schematic plans and environmental documents for the widening of Golden Triangle Boulevard from Interstate Highway 35W to US Highway 377. On September 30, 2008, (M&C C-23104) the City Council authorized the City Manager to execute a LPAFA with TxDOT and an Interlocal Agreement with Tarrant County for the construction of Golden Triangle Boulevard from Interstate Highway 35W to US Highway 377. The City is responsible for designing the roadway, securing any needed right-of-way, adjusting or relocating utilities and environmental mitigation for the project. TxDOT will advertise, award and inspect construction for the project. The City will own and maintain the roadway after construction is complete. On May 5, 2009, (M&C C-23499) the City Council authorized the City Manager to execute a reimbursement agreement with Texas Midstream Gas Services, LLC, in the amount of $230,000.27 for the relocation of its gas pipeline for the widening of Golden Triangle Boulevard from Interstate Highway 35W to US Highway 377. On June 9, 2009, (M&C C-23573) the City Council authorized the City Manager to execute Amendment No. 3 in the amount of $32,600.00 to City Secretary Contract No. 32378, an Engineering Services Agreement with Teague Nall and Perkins, Inc., for the design of Golden Triangle Boulevard from Interstate Highway 35W to US Highway 377, thereby establishing a total contract cost of $2,226,206.00. On September 29, 2009, (M&C C-23815) the City Council authorized the City Manager to execute a renewal to the Interlocal Agreement (ILA) with Tarrant County, Texas, for the widening of Golden Triangle Boulevard from Interstate Highway 35W to US Highway 377 in the amount of $7,300,000.00. On October 6, 2009, (M&C C-23824) the City Council authorized the City Manager to execute Amendment No. 1 to the Advance Funding Agreement with the Texas Department of Transportation for the design of Golden Triangle Boulevard from Interstate Highway 35W to US Highway 377 in the amount of $78,335.00. This project is located in COUNCIL DISTRICT 2, Mapsco 21 L, 21 M, 21 R, 22N, 22P, 22Q, 22L, 22M and 23J. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Grants Fund. http://apps.cfwnet.org/council�acket/mc review.asp?ID=12812&councildate=3/23/2010 6/10/2010 M&C Review Page 3 of 3 TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: ATTACHMENTS 0902-48-708 090308 AFA-LPAFA_OffSys.pdf Vicni�.Map..�df FROM Fund/Account/Centers GR74 159000 000302267000 $1,269,429.00 Fernando Costa (6122) William Verkest (7801) Jim Walker (8009) http://apps.cfwnet.org/council�acket/mc review.asp?ID=12812&councildate=3/23/2010 6/10/2010 M&C Review Page 1 of 4 Official site of the City of Fart Warth, Texas r COUNCIL ACTION: Approved on 9/30/2008 -Res. No. 3664-09-2008, Ord. No. 18323-09-2008 & 18324-09-2008 DATE: 9/30/2008 REFERENCE C-23104 LOG NAME: 20GOLDENTRI ILA NO.. — CODE: C TYPE: CONSENT HEARING: NO SUBJECT: Adopt a Resolution Authorizing Execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation for the Widening of Golden Triangle Boulevard from Interstate Highway 35W to US 377 with City Participation in the Amount of $14,162,710.00, Authorize Execution of an Interlocal Agreement with Tarrant County for its Cost Participation in an Amount up to $7,300,000.00 and Adopt Appropriation Ordinances (Project No. 00140) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution authorizing the City Manager to execute a Local Project Advance Funding Agreement with the Texas Department of Transportation for a Surface Transportation Program -Metropolitan Mobility Project for Golden Triangle Boulevard from Interstate Highway 35W to US 377 in the amount of $25,162,710.00 with City participation in the amount of $14,162,710.00; 2. Authorize the City Manager to accept $11,000,000.00 non -cash federal funds contributing to the Surface Transportation Program -Metropolitan Mobility Project for Golden Triangle Boulevard from Interstate Highway 35W to US 377 from the Surface Transportation Program -Metropolitan Mobility Program Grant through Texas Department of Transportation; 3. Authorize the City Manager to execute an Interlocal Agreement with Tarrant County, Texas, for cost participation, and accept Tarrant County's contribution in the amount up to $7,300,000.00 for use towards the required local match to the Surface Transportation Program -Metropolitan Mobility Project Grant; 4. Authorize the transfer of $6,518,422.67 from the 2004 Street Improvements Fund to the Grants Fund towards the City's match; 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Future Improvements Projects of the Special Assessments Fund in the amount of $344,287.33 from developer contributions; http://apps.cfwnet.org/council�acket/mc review.asp?ID=8866&councildate=9/30/2008 6/10/2010 M&C Review Page 2 of 4 6. Authorize the transfer of $344,287.33 from the Special Assessments Fund to the Grants Fund towards the City's match; 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $25,162,710.00; and 8. Authorize the initial payment in the amount of $1,517,433.00 to the Texas Department of Transportation. DISCUSSION: On September 6, 2005, (M&C C-20954) the City Council authorized the City Manager to execute Engineering Services Contract No. 32378 with Teague Nall and Perkins in the amount of $355,275.00 for the schematic design of Golden Triangle Boulevard from Interstate Highway 35W to US 377. On December 12, 2006, (M&C C-21883) the City Council authorized the City Manager to execute Amendment No. 1 to Engineering Services Contract No. 34416 with Teague Nall and Perkins, Inc., in the amount of $1,711,431.00 for the final design of Golden Triangle Boulevard from Interstate Highway 35W to US 377 for a total contract cost of $2,066,706.00. Texas Department of Transportation (TxDOT) has approved using these design costs as a portion of the City's local match, therefore, incurred design costs for the Project recorded in 2004 Street Improvements Fund will be transferred to the Grants Fund. The scope of work in the Local Project Advance Funding Agreement (LPAFA) consists of the widening and reconstruction of Golden Triangle Boulevard from two lanes to four lanes between Interstate Highway 35W to US 377. The City is responsible for designing the roadway, securing any needed right-of-way, adjusting or relocating utilities, and environmental mitigation for the project. TxDOT will advertise, award, and inspect construction for the Project. The City will own and maintain the roadway after construction is complete. The total project funding is $25,162,710.00 which consists of Federal funding, $11,000,000.00; City funding, $6,518,422.67, developer funding received through various Community Facilities Agreements for future improvements to Golden Triangle Boulevard, $344,287.33; and Tarrant County funding, $7,300,000.00. Upon execution of the agreement between the City, the first payment of $1,517,433.00 will be due to TxDOT. This project is located in COUNCIL DISTRICT 2, Mapsco 21 L, 21 M and 21 R; 22N, 21 P, 21 Q, 21 L http://apps.cfwnet.org/council�acket/mc review.asp?ID=8866&councildate=9/30/2008 6/10/2010 M&C Review Page 3 of 4 and 21 M; and 23J. It is anticipated that TxDOT will let the project for construction in Spring 2009. BACKGROUND: The 2004 Capital Improvement Program (CIP) approved funds for the design and construction of this project as a four -lane divided roadway; and agreements for funding from the following agencies are anticipated: . The Tarrant County 2006 Bond Program approved $7,300,000.00 for this project. . The North Central Texas Council of Governments (NCTCOG) added the project to the Transportation Improvement Program (TIP) and the Statewide TIP. In July 2006, approval was received for $11,000,000.00 in Federal funds. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, execution of the LPAFA and the ILA and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers 2 8 $11,000.000.00 GR74 451962 020302267000 3 8 $7,300,000.00 GR74 451345 020302267000 4 8 $6,518,422.67 GR74 472200 020302267000 GS94 488100 020941369010 $344,287.33 GS94 538070 020941369010 $344,287.33 6 7 $344,287.33 GR74 472094 020302267000 GR74 531200 020302267320 $2,066,706.00 GR74 541100 020302267410 $250.000.00 GR74 541210 020302267830 $12, 798,005.00 GR74 INKIND 020302267XXX $11,000,000.00 FROM Fund/Account/Centers $6.518.422.67 C200 538070 202230014083 $344,287.33 GS94 538070 020941369010 $1,517,433.00 GR74 541210 020302267830 Submitted for City Manager's Office b� Fernando Costa (8476) Originating Department Head: Greg Simmons (7862) http://apps.cfwnet.org/council�acket/mc review.asp?ID=8866&councildate=9/30/2008 6/10/2010 M&C Review Page 4 of 4 Additional Information Contact: ATTACHMENTS 20GOLDENTRI ILA rec Tdoc 20GOLDE_NTRI�ILA _rec_5.doc Golden Triangle Resolution.doc VicinityMap.pdf Jim Walker (8009) http://apps.cfwnet.org/council�acket/mc review.asp?ID=8866&councildate=9/30/2008 6/10/2010