HomeMy WebLinkAboutContract 56206 DocuSign Envelope ID:63EE026A-8C09-43A2-8212-5FAF6BEA43E2
CSC No.56206
CSJ# 0718-02-045
District# 02 Fort Worth
Code Chart 64# 15000
Project Name FM 156
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT PROJECTS
WITH NO REQUIRED MATCH
ON-SYSTEM
THIS AGREEMENT is made by and between the State of Texas, acting by and through the
Texas Department of Transportation called the "State", and the City of Fort Worth, acting by and
through its duly authorized officials, called the "Local Government". The State and Local
Government shall be collectively referred to as "the parties" hereinafter.
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements
to implement its public purposes, and
WHEREAS, Transportation Code, Chapters 201 and 221, authorize the State to lay out,
construct, maintain, and operate a system of streets, roads, and highways that comprise the
State Highway System; and
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter
221, authorize the State to contract with municipalities and political subdivisions; and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 115814
authorizing the State to undertake and complete a highway improvement generally described as
widen 2 to 4 lane divided from US 81/287 to Watauga Road on FM 156; 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
upsize approximately 1,250 linear feet of planned storm drainage system on FM 156 from 24"
reinforced concrete pipe (RCP)to 4' X 2" reinforced concrete box (RCB) (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, to be by them respectively kept and performed as set forth in this
Agreement, it is agreed as follows:
OFFICIAL RECORD
Page 1 of 5
AFAVoITIP CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID:63EE026A-8C09-43A2-8212-5FAF6BEA43E2
CSJ# 0718-02-045
District# 02 Fort Worth
Code Chart 64# 15000
Project Name FM 156
AGREEMENT
1. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes
the Agreement fully executed. This Agreement shall remain in full force and effect until
the Project has been completed and accepted by all parties or unless terminated as
provided below.
2. Project Funding and Work Responsibilities
A. 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
(Attachment A)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 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.
B. At least sixty (60) days prior to the date set for receipt of the construction bids,
the Local Government shall remit its financial share for the State's estimated
construction oversight and construction costs.
C. 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.
D. 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" or may use the State's Automated
Clearing House (ACH) system for electronic transfer of funds in accordance with
instructions provided by TxDOT's Finance Division. The funds shall be deposited
and managed by the State and may only be applied by the State to the Project.
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.
4. 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.
5. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party and each party agrees it is responsible for its individual acts
and deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents.
Page 2of5
AFA VoITIP Revised 10/13/2017
DocuSign Envelope ID:63EE026A-8C09-43A2-8212-5FAF6BEA43E2
CSJ# 0718-02-045
District# 02 Fort Worth
Code Chart 64# 15000
Project Name FM 156
6. 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.
7. 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.
8. Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A, 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 in this agreement
by reference, or special specifications approved by the State.
9. Increased Costs
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 cost to the department for a highway improvement project,
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.
10. 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
Page 3of5
AFA VoITIP Revised 10/13/2017
DocuSign Envelope ID:63EE026A-8C09-43A2-8212-5FAF6BEA43E2
CSJ# 0718-02-045
District# 02 Fort Worth
Code Chart 64# 15000
Project Name FM 156
maintained, all work on State right of way shall cease immediately, and the State may
recover damages and all costs of completing the work.
11. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads and
locally owned facilities after completion of the work. The State shall be responsible for
maintenance of the State highway system after completion of the work if the work was
on the State highway system, unless otherwise provided for in Attachment A or existing
maintenance agreements with the Local Government.
12. Termination
A. This agreement may be terminated in the following manner:
1. By mutual written agreement and consent of both parties;
2. By either party upon the failure of the other party to fulfill the obligations set
forth in this agreement; or
3. By the State if it determines that the performance of the Project is not in the
best interest of the State.
B. 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.
C. 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.
13. 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), addressed to such party at the following addresses:
Local Government: State:
City of Fort Worth Texas Department of Transportation
ATTN: Assistant City Manager ATTN: Director of Contract Services
200 Texas Street 125 E. 11 th Street
Fort Worth Texas 76102 Austin, TX 78701
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided in this agreement. 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.
Page 4 of 5
AFA VoITIP Revised 10/13/2017
DocuSign Envelope ID:63EE026A-8C09-43A2-8212-5FAF6BEA43E2
Csi# 0718-02-045
District# 02 Fort Worth
Code Chart 64# 15000
Project Name FM 156
14. 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 precedence over the other agreements in matters related to the Project.
15. 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.
16. Amendments
By mutual written consent of the parties, this agreement may be amended in writing prior
to its expiration.
17. State Auditor
Pursuant to Texas Government Code § 2262.154, 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.
18. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
Agreement on behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government.
THE STATE OF TEXAS LOCAL GOVERNMENT
Signature Signature
Carl L. Johnson, P.E. Dana Burghdoff
Typed or Printed Name Typed or Printed Name
District Engineer Assistant City Manager
Typed or Printed Title Typed or Printed Title
8/16/2021 8/13/2021
Date Date��� �� ��� cos
Page 5 of 5 OFFICIAL RECORD
AFA VoITIP
CITY SECRETARY
FT. WORTH, TX
ADVANCE FUNDING AGREEMENT
CSJ: 0718-02-045
PROJECT NAME: Victory at Basswood FM156
ADDITIONAL ROUTING SIGNATURES
CITY OF FORT WORTH
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
David B. Jodray /-1— ooIA ��g�s,z� Name of Employee/Signature
Title:_Transportation Manager
Email: David.Jodray@fortworthtexas.gov
APPROVAL RECOMMENDED:
.
BY:wi(Aug 20,202 10:18 CDT)
William M.Johnson, Director
Transportation and Public Work
Email: William.Johnson@fortworthtexas.gov
CONTRACT AUTHORIZATION
M&C: 21-OS2S
Date Approved: 8/3/2021
Form 1295: N/A
APPROVED AS TO FORM AND LEGALITY:
vu /�S
By: DBlack(Aug 23,2021 21:42 CDT)
Douglas W. Black
Senior Assistant City Attorney
Email: douglas.black@fortworthtexas.gov
ATTEST AS TO CITY MANAGER SIGNATURE: �� °FOR coo
°°O
G °
BY: �E•o o���
Ronald P. Gonzales APO°96 co
°_�
Acting City Secretary
Email: Ronald.Gonzales@fortworthtexas.gov �44 nEXp5o4 d
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID:63EE026A-8C09-43A2-8212-5FAF6BEA43E2
CSJ# 0718-02-045
District# 02 Fort Worth
Code Chart 64# 15000
Project Name FM 156
ATTACHMENT A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
The Local Government will contribute a fixed amount of $171,550.00 for the Local
Government's participation in the Project to upsize approximately 1,250 linear feet of
planned storm drainage system on FM 156 from 24" reinforced concrete pipe to
4' x 2' reinforced concrete box.
The total amount of the Local Government participation shall not exceed the fixed
amount stated above.
The State will perform the work for the Project and cover cost overruns for the Project.
Any changes, additions or deletions to the Project will be at the State's sole discretion.
Page 1 of 1
AFA VoITIP Attachment A
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWOR m
DATE: 8/3/2021 REFERENCE**M&C 21- LOG NAME:20VICKERY AT BASSWOOD FM 156
NO.: 0525 DRAINAGE IMPROVEMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 2) Authorize Execution of Developer Funding Agreement with Victory @ Basswood,
LLC in the Amount of$172,000.00 for Construction of Drainage Improvements Along Farm
to Market Road 156; Authorize Execution of an Advanced Funding Agreement with Texas
Department of Transportation in the Amount of$171,550.00 for Constructing the Drainage
Improvements; and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of Developer Funding Agreement with Victory at Basswood, LLC in the
Amount of $172,000.00 for construction of drainage improvements along Farm to Market
Road 156;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Developer Contribution Fund in the amount of $172,000.00, from developer
contributions, for the purpose of funding the Victory @ Basswood FM156 project (City Project
No. 103115); and
3. Authorize execution of an Advanced Funding Agreement with Texas Department of
Transportation in the amount of $171,550.00 for constructing the drainage improvements
(City Project Number: 103115).
DISCUSSION:
In May 2019, Victory @ Basswood, Limited Liability Company (LLC) expressed an interest in upsizing
planned drainage improvements along the eastern side of Farm to Market Road 156 to serve the
future needs of their development.
Victory @ Basswood, LLC evaluated the hydraulics to determine the necessary increase in the Texas
Department of Transportation's planned drainage system to support the needs of the proposed
development. The drainage system project upsizes approximately 1,250 linear feet of storm drainage
system from 24 inch reinforced concrete pipe to 4 foot by 2 foot reinforced concrete box. The Texas
Department of Transportation constructed the upsize storm drainage improvement as requested to
support the future development. The cost for the upsize drainage improvements was $171,550.00.
This Mayor and Council Communiction is to authorize the execution of a Developers Agreement
between Victory @ Basswood, LLC and the City of Fort Worth for the City of Fort Worth to accept
funds in the amount of$172,000.00 from Victory @ Basswood, LLC and the execution of a funding
agreement between the City of Fort Worth and Texas Department of Transportation to transfer
$171,550.00 to Texas Department of Transportation for constructing of the drainage improvements.
The remaining amount of$450.00 is for city staff costs to execute these two agreements.
The Victory @ Basswood, LLC drainage improvements along Farm to Market Road 156 is located
within COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, execution of the
funding agreements and adoption of the attached appropriation ordinance, funds will be deposited into
the Developer Contribution Fund for the Victory @ Basswood FM 156 Drainage project and available
as appropriated to support the approval of the above recommendations and execution of the funding
agreement with the Texas Department of Transportation. The Transportation and Public Works
Department (and Financial Management Services) are responsible for the collection and deposit of
funds due to the City of Fort Worth. Prior to an expense being incurred, the Transportation and Public
Works Department has the responsibility of verifying the availability of funds.
TO _
Fund Department Account Project ProgramActivity BudgeTT Reference # Amount
ID , ID I Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
Originating Department Head: William Johnson (7801)
Additional Information Contact: Monty Hall (8662)
David Jodray (2891)
ATTACHMENTS
20VICTORY AT BASSWOOD FM156 DRAINAGE IMPROVEMENT 30104 A02l(f2)_(1)2.docx
MAP Victory. at Basswood Development Storm Drain.pdf