HomeMy WebLinkAboutContract 48521 CSJ # 0014— 16—255
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co Project: Reconstruct Frontage
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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."
WITNESSETH
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, Texas Transportation Commission Minute Order Number 112696 authorizes the State to
undertake and complete a highway improvement generally described as Reconstruct Frontage
Roadway from IH-820 to US-811287 Split (On-System); 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 Construct a
Frontage Road Right-Turn Deceleration Lane to the Future Thompson Road, called the
"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 hereto, to be by them respectively kept and performed as hereinafter set forth, the
State and the Local Government do agree as follows:
AGREEMENT
1. Time Period Covered
This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed, and the State and the Local Government will consider it to be in full
force and effect until the Project described in this agreement has been completed and accepted
by all parties or unless terminated, as provided for by this agreement.
OFFICIAL kECUkU
AFA-AFA VoITIP Page 1 of 5 CITY SECRETARY Revised 06/02/2016
FT.WORTH,TX
CSJ #0014--16—255
District#02--Fort Worth
Code Chart 64# 15000
Project: Reconstruct Frontage
Roadway from IH-820 to
US-81/287 Split(On-System)
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 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, Payment Provision and Work Responsibilities, 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 remaining 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." The check or warrant shall be deposited by the State and managed by the
State. The funds may only be applied by the State to the Project. If after final Project
accounting any excess funds remain, those funds may be applied by the State to the Local
Government's contractual obligations to the State under another advance funding agreement
with approval by appropriate personnel of the Local Government.
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.
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
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CSJ#0014— 16—255
District#02—Fort Worth
Code Chart 64# 15000
Project: Reconstruct Frontage
Roadway from IR-820 to
US-81/287 Split(On-System)
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, Payment Provision and Work
Responsibilities, to this contract, 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. Maintenance
Upon completion of the Project, the State will assume responsibility for the maintenance of the
completed Project unless otherwise specified in Attachment A to this agreement.
11. 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.
AFA-AFA VoITIP Page 3 of 5 Revised 06/02/2016
CSJ#0014— 16—255
District#02—Fort Worth
Code Chart 64# 15000
Project: Reconstruct Frontage
Roadway from IH-820 to
US-81/287 Split(On-System)
12. 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:
Assistant City Manager Director of Contract Services
City of Fort Worth Texas Department of Transportation
1000 Throckmorton Street 125 E. 11th Street
Fort Worth,Texas 76102-6312 Austin, Texas 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.
13. 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.
14. 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.
15. Amendments
By mutual written consent of the parties, this agreement may be amended prior to its expiration.
16. State Auditor
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.
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CSJ#0014—16—255
District#02=Fort Worth
Code Chart 64#15000
Project:Reconstruct Frontage
Roadway from IH-820 to
US-81/287 Split(On-System)
17. 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 9560 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.
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 in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name Jesus J. Chapa t ,
CJ , 1114 1:7' � 2�_ APPROVED AS TO FORM AND LEGALITY: .
Title Assistant City Manger I� � Z S /l
12 _ / l CITY ATTORNEY
Date
7 STATE OF E8 lod by,
Brian R. Barth, P.E. ---- . �$ S
Fort Worth District Engineer � Secretary
Date O�oFo®°00
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OFFICIAL RECORD ' oQ0
CITY SECRETARY ��9000b�
FT. WORTH, TX
AFA-AFA VoITIP 6 Revised 06/02/2016
CSJ#0014—16—255
District#02—Fort Worth
Code Chart 64# 15000
Project: Reconstruct Frontage
Roadway from IH-820 to
US-81/287 Split(On-System)
ATTACHMENT A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
The State will Construct a Frontage Road Right-Turn Deceleration Lane to the Future
Thompson Road (From IH-820 to US-81/287 Split On-System)
The Local Government is responsible for$70,000.00 and for any cost overruns.
Description Total State Participation Local Participation
Estimated
Cost % Cost % Cost
Construction
State $70,000 0% $0 100% $70,000
Government L 11 _J1 L
Subtotal E $70,000 aF $0 $70,000
Construction
s% $3,500 100% $3,500 0% $0
Direct State Cost
Indirect
State Cost s.aaoio
$4,466 100% $4,466 0% $0
Subtotal $7,966 $71966 $0
TOTALI J1 $77,96611 11 $7,966 $70,000
Initial payment by the Local Government to the State: $0.00
Payment by the Local Government to the State before construction: $70,000.00
Estimated total payment by the Local Government to the State: $70,000.00
This is an estimate. The final amount of Local Government participation will be based on actual
cost.
AFA-AFA—VoITIP Page 1 of 1 Attachment A
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
FORT WORT11
CITY COUNCIL 'AGENDA Nallimbpe—
COUNCIL ACTION: Approved on 10/25/2016 - Ordinance No. 22485-10-2016 & Resolution No.
4693-10-2016
REFERENCE ** 20N RIVERSIDE-KISD ILA
DATE: 10/25/2016 NO.: C-27974 LOG NAME: AMENDMENT 1- 02272
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 47490, an
Interlocal Cooperation Agreement, with Keller Independent School District in the Amount
of$390,776.00 for the Construction of the Thompson Road Intersection with North
Riverside Drive and a Deceleration Lane from the Northbound Frontage Road of
Interstate Highway 35W for Future Thompson Road, Thereby Increasing Keller
Independent School District's Total Contribution to $405,776.00, Adopt Resolution
Authorizing Execution of an Advanced Funding Agreement with the Texas Department of
Transportation in an Amount Up to $70,000.00 to Construct a Frontage Road Right-Turn
Deceleration Lane to the Future Thompson Road and Adopt Appropriation Ordinance
(COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the North Riverside Drive Project— North Tarrant Parkway to Old Denton Road of the Developer
Contribution Fund in the amount of$405,776.00;
2. Authorize the execution of Amendment No.1 to City Secretary Contract No. 47490, an Interlocal
Cooperation Agreement, with Keller Independent School District in the amount of$390,776.00 for the
construction of the future Thompson Road intersection at North Riverside Drive and the Northbound
Interstate Highway 35W Frontage Road right-turn deceleration lane to the future Thompson Road,
thereby increasing Keller Independent School District's total contribution to $405,776.00;
3. Adopt the attached resolution authorizing execution of an Advanced Funding Agreement with the
Texas Department of Transportation in an amount up to $70,000.00 to construct a Northbound
Interstate Highway 35W frontage road right-turn deceleration lane to the future Thompson Road; and
4. Authorize a payment to the Texas Department of Transportation in an amount up to $70,000.00.
DISCUSSION:
The 2014 Bond Program includes funding for roadway capacity improvements along North Riverside
Drive from North Tarrant Parkway to Old Denton Road. This project includes widening the roadway
from two lanes to four lanes, left and right turn lanes, roundabouts at Summerfields Boulevard and
Thompson Road, storm drainage improvements, shared use paths, streetlights and traffic signal
modifications at North Tarrant Parkway.
On February 9, 2016, the City administratively authorized an Interlocal Cooperation Agreement with
Keller Independent School District(KISD) for the design of proposed Thompson Road at North
Riverside Drive in the amount of$15,000.00. Under this amendment, KISD will provide an additional
$390,776.00 for the construction of the intersection of Thompson Road with North Riverside Drive by
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22916&councildate=10/25/2016 12/28/2016
M&C Review Page 2 of 3
the City and the Northbound Interstate Highway 35W Frontage Road deceleration lane to Thompson
Road by the Texas Department of Transportation.
The Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) will
provide for the State to construct the deceleration lane on the northbound frontage road of Interstate
Highway 35W at Thompson Road.
Construction of the Thompson Road intersection at North Riverside Drive has components of the
overall project that include design, construction, project management, easements and right-of-way
acquisition, construction administration, material testing, inspection and contingencies. The City
project budget for the full improvements described above is $13,365,776.00. Additionally,
construction of the northbound frontage road of Interstate Highway 35W is a component of a KISD
development project involving a Community Facilities Agreement with the City of Fort Worth.
A portion of this project will include 2014 Bond Funds. Available resources within the General Fund
will be used to provide interim financing for these expenses until debt is issued. Once debt associated
with this project is sold, bond proceeds will reimburse the General Fund, in accordance with the
statement expressing official Intent to Reimburse, that was adopted as part of the ordinance
canvassing the bond election (Ordinance No. 21241--05-2014) and the subsequent ordinance
authorizing debt in 2016 (Ordinance No. 22216-05-2016).
Construction of North Riverside Drive is anticipated to begin in Spring 2017 and end in Spring 2019.
The Project is located in COUNCIL DISTRICT 4, Mapsco 35G.
This contract will be with a governmental entity, state agency or public institution of higher education:
Keller Independent School District and the Texas Department of Transportation.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the 2014 Bond Program and the
Developer Contribution Fund.
Description Existing Appropriations Proposed
Appropriations Per M&C Appropriations
2014 Bond
Program $11,610,000.00 $ 0.00 $11,610,000.00
34014
Developer
Contribution $ 0.00 $405,776.00 $ 405,776.00
Fund 30104
Stormwater
Capital Project- $ 1,075,000.00 $ 0.00 $ 1,075,000.00
Bonds Fund
59651
TO
Fund Department Account Project Program Activity Budget I Reference# Amount
ID ID 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:
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22916&councildate=10/25/2016 12/28/2016
M&C Review Page 3 of 3
•
Jay Chapa (5804)
Originating Department Head: Douglas Wiersig (7801)
Additional Information Contact: Mike Weiss (8485)
ATTACHMENTS
20N RIVERSIDE-KISD ILA AMENDMENT 1- 02272R.docx
KISD ILA MAP.pdf
RESOLUTION THOMPSON ROAD CONSTRUCTION(10.13.16).doc
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22916&councildate=10/25/2016 12/28/2016