HomeMy WebLinkAboutContract 36378 CITY St
CONTRACT CSJ# 0014-01-022, 01 71-05-0181 and
0902-4 -697
District 2
Code Chart 64#15000
rQj e ct: BU 2 Z �M .n Street
-Henderson Street and VVhite Settlement
Road at Bmass Channel to Trinity
m
River ..�n
Fort Worth
STATE, OF TEXAS Agreement No. 127XXF0
COUNTY of TRAVIS
LOCAL TRANSPORTATION' PROJECT
ADVANCE FUNDING AGREEMENT
For a High Priority Safete -Lu Project
(On and off State System
T #IS 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 44State$', and the Ci of Fort Worth
,acting by and through its duly authorized officials, hereinafter called the `Local Government."
ITI ESSETI
WHEREAS, a blaster Agreement Governing Local Transportation Project Advance Funding Agreements (MAFA),
between,the Locail Government and the State, has been adopted, effective Au Must 2 2000,, and states the general
terms and conditions for transportation projects developed through this LPAFA and,
HERE'A ", the Texas Trans portation Commission passed Minute oirder 110266 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 resolution or
ordinance 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 'MAFA, without exception..
2. Termination of this LPAFA shall be {under the conditions as stated in the MAF , 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 plans, specifications & estimate, bridge layouts, and hydraulic
analysis for three bridges located on BU 2877 (North, Main Street), SH 199 Henderson Street), and 'white
Settlement load over the future Trinity River By-Pass Channel, also known as Trinity Uptown Project.
ect.
5. Right of`may 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 MAMA, without exception, runless 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 ►ttauchment 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 ay Division, or r ithin thirty days from receipt of the State's written notification,
whichever is earlier.
ORNe o
J ,e�j t "
ys Page 1 of Revised 2/n
� N
CSJ#_0014-01-022,9171-05-081 and
0902-48-697
District#O2
Code Chart 64#15000
Project: BU 287P,(N. Main Str
Henderson Street and White Settlement
Road at j3 ass Channel to Tr pity `v qr in
Fort Worth
Agreement No. 02-7XXF6003
b. X Purchase by the Local Government for the State. Acquisition, of right of way shall be
the responsibility of the Local Government, as stated in the MAFA, without exception, unless
otherwise provided in Special Provisions and/or Attachment C.
6. Donations, of real property may be credited to the Local Government 11 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 respionsibile 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 1;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 LPAF'A, 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 K,Local Government (check the applicable paqy)and shall be in accordance with provisions set
forth in the MAF .
8. Environmental Assessment and Mitigation will, be cairried, 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, as stated in the MAFA,
without exception. 'The Local Government is responsible for performance of any required architectural or
preliminary engineering work. The State, may 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.
"7"'
7
j
AFA—LPAFA OnSys Page 2 of 8 Re,4111sedi I, I ou
CSJ#-O�014,-,01-022,,QI7..1-05-0181 and
0902-48�-697
District#
Code Chart 64#15000
Project. BU 287P(N. Main�treet�
Henderson Street and Vnite Settlement
Road at B_ypas�Channel to Tjin�iW River in
Fort Worth
Agreement No. 02-7XXF6003
The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for
Construction and Maintenance of Hig�hways, Streets and Bridges, and the! special specifications and special
provisions related the�re�tol. Improvements will be designed to meet Texas, Department"of Transportation's
Roadway Design, Criteria.
In procuring, professional services, the parties to this Agreement must comply with federail requirements cited in
23 CFR Part 1,72 if the project is federally funded and with Texas Government Code 21254, Subchapter A, in all
cases.
Professional services contracts for federally funded, projects, must conform, to federal requirements, specifically
including the provision for participation, by Disadvantaged Business Enterprises (DBEs), ADA, and
0
environmental matters.
11. Construction Responsibilities will be carried o�ut by the Local Government, as stated in the MAFA, without
exception. Not Applicable�.
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., Any work done prior to federal
authorization will not be e�ligible for reimbursement. It is the Local Government 11 s responsibility to verify with
the State that the Federal Letter of Authority has been issued for the work covered by this Agreement.
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,, w�ithout cost to the State, wil�l 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 th,irty (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 bythe
,State. Funds in the escrow account may only be applied by the State to the, Project. If, after fina,l Project
accounting, excess funds remain in the escrow account, those funds, may be applied by the State to the
Local Governmeint's,contractual obligations to the State under another advance funding agreement.
g. If any existing or fuitu,re local, ordinances, commissioners court orders, rules, policies, or other d�irectives,
including but not limited to outdoor advertising billboards and storm water dirainage facility requirements, are
more, restrictive than, State or Federal Regulations, or if'any other locally proposed changes, including but
not limited to plats or repla,ts, 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 i,nterests 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
AFA-LPAFA_0n,Sys Page 3 of 8 Revised,2/2/06
CSJ # 0014-01-022.2 0171-05-081 and
09102-48-6917
,District#02
Code Chart 64#15 000
Project.- BU 28Z UN. Main Streejt ,
Henderson Street and White Settlement
Road at Bypp�js Channel to Tdnily River in
Fort Worth
Agreement No. 2-7 x"6003
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.
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.
Incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant provisions of the Master
Advance Funding,Agreement(MA FA), in effect on the date of final execution of this LPAF'A, unless, such
IVIAFA provision is specifically excepted herein. Any conflict between the terms of the MA FA and this L FA
shall be governed and controlled by this LPAFA,.
16. 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 he 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.,
17. Signatory Warranty., The signatories to this agreement warrant that each has the authority to enter into this
agreement on behalf'of the party represented.
18. Special Provisions. N/A
..........
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6,J IL
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4 U J L d°' 1
AFA—LP,AFA OnSys Page 4 of 8 Revise�212)66
CSJ# 00 14-01_02"! 017 1-0:x`081 and
0902-48-697
District#02--
Code Chart 64#1 5000_
Project: BU 287P tree�t
Henderson Street and White Settlement
Road at Bypass Channel to Trinit)LBLivqr in
Fort Worth
Agreement No. 02-7XXF'60013
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in licate counterparts.
THE LOCAL GOVERNMENT
TEST- APPROVED-.
Marty Hendrix Marc Ott
its Assistant City Manager
. ................
Contra t A rization Date-. 7
Date. MOW
APPROVED 'TO FORM AN E
APPROVAL RECOMMENDED.,
th
Amy Rams Robert Goode, P.,E.
it
V A
,Assistant Ity Atforney Directory Transportation/
Public Works Department
Date: Date-
THE STATE OF ERAS
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
Director mullenixoT
Director of Contract Services Section
office of General Counsel
Texas Department of Transportation
Date.
L
(1
AFA—LPAFA On,Sys, Pa 7 ge 5 of 8 Rd
L,,A
J
ww CS J# 00 14-01-022., 0171-05-081 and
0902-48-697
District#02
Code Chart 64#15000
Project: BU 287P(N. Main '!re et
Henderson Street and White Settlement
Road at Byp�s Channel to Trinfty_River in
Fort Worth
Agreement No. 02-7XXF60013
ATTACHMENT'A,
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
1,50
AFA-LPAFA-0n Sy's Page 6 of 8 Revised
Resolution
NO, 113525-09,4007
RESOLUTION
PREPARATION FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
THE IF ANDESTIMATES FOR THREE
BRIDGE STRUCTURES ON BU 287P (NORTH A STREET), SH 19,9 E SO
STREET), WHITE SETTLEMENT OVER TRINITY RIVER BY-
PASS
CHANNEL
,
WHEREAS, THE City of Fort Worth adopted the Trinity River vision Master Plan on June 3,
2003- and
i
WHEREAS, that Plan includes the construction of hree bridge struct ures over the propose
Trinity River Bypass Channel with some City participation; anu
Million of Federal Transportation Funds, have been earmarked o these
bridges; and
THEREFORE, T RESOLVED THAT THE CITY COUNCIL F THE CITY
' r &I
Authorizes the City Manager to execute a. Loci.l Pr ec Advance Funding reeme i LP F . with
Texas Department of Transportation -for preparation of Plans, Specification & Estimates for three new
bridge, structures on B,U 2 ooh, Main Street), SH 199 (Henderson Street), and White Settlement
Road over the future Trinity River -pass Channel.
Adopted this, I I th--- day of 2007.
APPROVED
by
ATTESTS CITY COUNCL
SEP I 11 2007
Marty Hen&ix, C Secretary
f�"
Fore worth,Texas
a
CITY or, raftor wowru
CSJ #0014-011022.L-.017'1-015-081 and
09,02-48-6,97
District#02
Code Chart 64#15:000
Project: BU 287P (N. Main Street),,
Henderson Street and White Settlement
Road at Byp I
�,ss Chawiel to Tr',nity,River in
Fort Worth
Agreement No. 02-7XXF6003
ATTACHMENT B
PROJECT LOCATION MAP
AFA-LPAFA-0nSys Page 7 of 8 Revised,212/061
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Page I of 3
u y of Fort Worth, Texals
Malt#or and Counc'11 Co u n IN t 10n
Y
COUNCIL ACTIONI: Approved on 11/20071 - Res. No. 3525-09-2007 & Ord. No. 17769-09-200 "
DATE: Tuesday, September 11, 2007
LOG NAME,:, 20TRVTXDOT REFERENCE NO.-. C-22381
SUBJECT:
Adopt a Resolution Authorizing Execution of a Local', Project Advance Funding, Agreement with the
Texas Department of Transportation for the Preparation of Plans, Specifications, and Estimates for
Three New Bridge Structures Located on BU 28,7P (North Main Street), SH 19�9 (Henderson Street),
and White Settlement Road Over the Fulture Trinity River By-Pass Channel, Acceptance of Grant
Funds, Payment of Funds to 'TxD,O,'T and Adopt Appropriation Ordinance
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 (LPAFA with the Texas Department of Transportation Tx OT) in the amount of $3,341,0172.00
(City Participation to be $1,338,786 and Federal Participation to be $2,1002,286) for the preparation of plans,
specifications and estimates, for three bridges located on B,U 2,87P (North Main Street), SH 1199 (Henderson
Street), and White Settlement Road over the future Trinity River By-Pass Channel,
2. Authorize the City Manager to accept, if offered, $2,002,286.00 in federal grant funds toward the BU
287P (North Main Street) Bridge and the Henderson Street (SH 1 9) Bridge,
3. Authorize the use and transfer of $500,571.00 from the 2004 Street Improvernents Fund to the Grants
Fund for the City's match,
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $2,502,1857.00 subject to the receipt of funds and execution of the above referenced
LPA; and
51. Authorize payment in the amount of $54,825.00 to Tx DOT for their review of documents according to the
L,PAFA.
DISC U SS1011N 9-11
Over the last several years, the City of Fort Worth, the Tarrant Regional Water District, Streams and
'galleys, Ins,, and the U.S. Army Corps of E,ngineers, have worked together to prepare the Trinity River
Vision Master Plan. The plan's geographic scope is 88 miles of the Trinity River corridor, and its primary
objectives include flood cointroli, enhanced, recreational opportunities, ecosystem restoration, and economic
redevelopment. A central feature of the Trinity River Vision (T RV) Master Plan is the, Fort Worth Central
City project, also known as the Trinity Uptown Plan. 'This plan includes construction of a bypass channel
and construction of three new bridges over the channel at North Main Street (BU 2,87P), Henderson Street
(SH 199) and White Settlement Road. The Fort Worth City Council adopted the Trinity River Vision Master
Plan on June 3,
2003 (M&,C G-13989) and included $4.5 million Mn the 2004 �,';�-,-to
street/bridge infrastructure portion of the TRV project,
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On July 11, 2006, City Council, authorized the city Manager to execute an Engineering Services Contract
with Turner Collie and Braden in the amount of $1,32,1,,750 for the conceptual and schematic bridge
desig:n/engineering and environmental analysis for the project (M&C C-21560). It is a requirement that
TxDOT review and approve the schematic and environmental documents that are prepared under this
contract so, that federal funding can be used for subsequent design and construction phases. The subject
LPAFA provides for that review by TxDOT.
On December 19, 20061 City Council approved Resolution No. 3441-12-2006 authorizing a LPAFA with
TxDOT for review of conceptual and schematic, bridge diesign and environmental, analysis. The next step
in the project is to select a consultant team to develop final plans, specifications and estimates. -rhe City
intends to seek 80% reimbursement from federal funds for corresponding consultant and state fees for the
North Main Street and Henderson Street Bridges, which are on the Federal/State highway systems. The
White Settlement Bridge is not on-system and there currently are no Federal reimbursement funds for
it. However, Federal funds are anticipated for construction. Therefore, the Direct State Costs for plan
review are included in the LPAFA.
The estimated cost to the City for all three bridges are:
TOTAL,COSTS
En,giiineering, $3,204,250
Direct State Costs for plan review $136822
SUBTOTAL $31341,072
FEDERAL GRANT FUNDING
Engineering reirnbursernent for Main & Henderson ($1,920,289),
Direct State Cost for Main & Henderson ($81,99.7)
SUBTOTAL Federal Grant) ($2110021286)
NET COST TO CITY $113381786
The subject L AFA addresses the corresponding terms. The project is located in COUNCIL DISTRICTS 2
and 91, MA SC 62,Y and Q.,
FISCAL INFORIVIATIONXERTIFICATION:
The Finance Director certifies that upon appiroval of the attached resolution, execution of-the Local Project
,Advance Funding Agreement and adoption of the attached appropriation ordinance, funds gill be available
in the current capital budget, as appropriated, in the Grants Fund, Funds gill be reimburse by grantor after
expenditures are made.
TO Fund/Account/Centers FROM Fun d/AccounV cent ers
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GR76 4722 02030221 X000
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Su milted for City an m r' I� ... w Marc A. °t (8476)
iq..l w.atl De arm� int, Head Robert Goode 7913
Additional li�tional Information Contact: Tom Leuschen (2442)
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