HomeMy WebLinkAboutResolution 3620-05-2008A Resolution
NO 3620-05-2008
A RESOLUTION AUTHORIZING THE EXECUTION OF A LOCAL PROJECT ADVANCE
FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
THE DIVISION OF COSTS AND RESPONSIBILITIES ASSOCIATED WITH
REPLACEMENT OF A HYDRAULICALLY INADEQUATE CULVERT AT SH 183 AND A
TRIBUTARY TO WEST FORK OF THE TRINITY
WHEREAS, the Texas Transportation Commission approved the Statewide Preservarion
Program of the Unified Transportation Program by passing Minute Order 109335 on July 31 2003 and
WHEREAS, the Crty of Fort Worth desnres to enter mto a Local Project Advance Fundmg
Agreement with the Texas Department of Transportation for the dnvnston of costs and responsibnlrtnes
associated wrath the replacement of a hydraulically nnadequate culvert at SH 183 and a tributary to the
West Fork of the Tnmty River
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS
Authorizes the Crty Manager or his designee, to execute a Local Project Advance Fundmg
Agreement wrath the Texas Department of Transportation to share the costs and responsibilities
associated wrath the replacement of a hydraulically inadequate culvert at SH 183 and a tributary to the
West Fork of the Tnmty Raver
PASSED AND APPROVED by the Crty Council of the Crty of Fort Worth, Texas on thus the
27tH day of May 2008
~~,~~. ~~ APPROVED
aT~T~EST ~~~ ~ : w CITY COUNCIL
y -, :~ a-, MAY ~ 7 2008
~:~
~City~~Secrefary =~~ ~'~?
/'~.~ ,~ <'~, ~ City Secretary of the
,,~~ ~~ , ;~ ,~, 4 City of Fort Worth, Texas
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~~ U E~~,~
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~$iM~ Vi' ~ii~ '~fl'"iA~~i ~4
CSJ # 0094-01-038
RESOLUTION NO 3620-05-2008 D1SfI1Ct # 02
Code Chart 64 #15000
Project: SH 183 at Tribu to West
Fork Truuty
Agreement #• 02-8h~~'6017
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE .FUNDING AGREEMENT
.For a Rehabilitation Project
(On State System)
THIS Local Project Advance Funding Agreement (LPAFA) is made 6y and between the State of
Texas acting by and through the Texas Department of Transportation hereinafter called the "State
and the City of t=ort Worth, acting. by and through its duly authorized officials, hereinafter called the
`Local Government.
WITNESSETH
WHEREAS a Master Agreement GoVeming Local. Transportation Project Advance Funding
Agreements (MAFA} between the Local Government. and the State has .been adopted effective
August 28, 2000, and states the general terms and conditions for transportation projects developed,_. _ _ _.
through this LPAFA, and
WHEREAS the Texas Transportation Commission passed .Minute Order 109335 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 MAFA, 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 and project limits for this LPAFA are .described as replace .hydraulically
inadequate culvert.
5 Right of Way 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 MAFA, without exception unless 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 Attachment C shall be.made payable to the Texas Department of
AFA-LPAFA_OnSys Page 1 of 8 Revised 01/24/2008
CSJ # 0094-01-038
RESOLUTION NO 3620-05-2008 DiStnCt # 02
Code Chart 64 #15000
Project: SH 183 at Tribu to West
Fork Truuty
Agreement #• 02-8XXF6017
Transportation and transmitted to the State prior to .release of the Project by Right of Way
.Division, or within thirty (30) days from receipt of the State's written notification whichever is
earlier
OR
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'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 responsible for
:acquisition of the right of way Credit for all real property other than property which is already
.dedicated andlor in use as a public road., donated- by the Local Government to the State shall be
based on the property'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 Govemment will provide to the State all documentation to support
the determined fair market value of the donated properly Such documentation shall include an
appraisal of the property by a qualified appraiser unless the Local Govemment determines that
an appraisal is unnecessary because the valuafion 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 steal! 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 canno# exceed .the Local Government's matching share
of .the right of way obligation under this LPAFA, 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 donatiort 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) X Local Government (check the applicable. party) and. shall be
in accordance with provisions set forth in the MAFA.
8 Environmental Assessment and Mitigation will be carried 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
AFA-LPAFA OnSys. Page 2 of 8 Revised 01/24/2008
CS7 # 0094-01-038
RESOLUTION NO 3620-05-2008 District # 02
Code-Chart 64 #15000
Project: SH 183 at Tributary to West
Fork Tnmty-
Agreement #• 02-8XXF'6017.
10 .Architectural and Engineering Services will be provided by the Local Government, as stated in the
MAFA withou# 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
11 Construction Responsibilities will be carried out by the State as stated in the MAFA, without
exception
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 eligible for reimbursement.. It is the Local
Government's responsibility to verify with the State that the Federal Letter of Authority has
been issued for the-work covered by fhis Agreement.
b A Source of Funds estimate is also provided in Attachment C Attachment C shows the
percentage-and estimate dollar amount to be contributed to the project by federal--slate- 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, without cost to the State will 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 thirty{30) days from.
receipt of the State s written notification
f Whenever funds are paid by the Local Govemment 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 accoun# 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 o'r 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.
AFA-LPAFA OnSys Page 3 of 8 Revised 01/24/2008
CSJ # 0094-01-038
RESOLUTION NO 3620-05-2008 D1Str1Ct # 02
Code Chart 64 #15000
Project: SH 183 at Tributary to West
Fork Trinity
Agreement #• 02-8XXF6017
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~nvestigation 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 relevanf 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
Govemment will use the .State's document template The Local Govemment shall also provide a
detailed construction time es#imate 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
15 .incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant provisions
of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this
LPAFA, uriless such MAFA provision,is speclfcally excepted herein Any conflict between the
terms of the MAFA and this LPAFA 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 Lnsurance verifying. the
existence of .coverage in the amounts and types specifed 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.
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
AFA-LPAFA OnSys Page 4 of 8 .Revised 01/24/2008
RESOLUTION NO 3620-05-2008
CSJ # 0094,01-038
Distract # 02
Code Chart 64 # 15000
Project: SH 183- at Tribu to West
Fork Trinity
Agreement #• 02-8X~~F'6017
IN TESTIMONY HEREOF the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
ATTEST
Marty Hendrix
City Secrefary
Contract Authorization
Date
APPROVED AS TO FORM AND LEGALITY
APPROVED
Fernando Costa
Acting Assistant City Manager
Date
APPROVAL RECOMMENDED
Amy Ramsey
Assistant City Attorney
Date
Greg Simmons
Acting Director Transportation/
Public Works Department
Date
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
By.
Date
Janice Mullenix
Director of Contract Services
Texas Department of Transportation
AFA-LPAFA OnSys Page 5 of:8 Revised 01/24/2008
RESOLUTION NO 3620-05 2008
CSJ # 0094-01-038
District. # 02
Code Chart 64 #15000
Project: SH 183 at Tributaryto West
Pork Trinity
Agreement #• 02-8XXF6017
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS iPAFA
AFA-LPAFA_OnSys ~ Page 6 of 8 Revised 01/24/2008
RESOLUTION NO 3620-05-2008
ATTACHMENT' E
PROJECT LOCATION MAP
CSJ # 0094-01-038
Distract # •02
~-
Code Chart 64 # i 5000'
Project: SH 183 at Tributary to West
Fork Truuty
Agreement #• 02-86017
AFA-LPAFA_OnSys Page 7 of 8 Revised 01/24/2008
RESOLUTION NO 3620-05-2008
CSJ # 0094-01-038
Distract # 02
Code Chart 64 #.15000
Project: SH 183 at Tributary to West.
Fork Truuty
Agreement #• 02-8XXF6017
ATTACHMENT C
.BUDGET ESTIMATE AND SOURCE OF FUNDS
Total Federal. State Participation
Description
Estimate
Participation Local
Cost Participati
on
COStS % COStS % COStS
~'. . ~ '. ..:. X+y yt"~$
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Preliminary Engineering $94 889. 0% $0 0% $0 100% $94 889
Environmental $19 800: 0%° $0 0% $0 100% $19,800
Construction $1 426 000 47% $67
2
,
000 12% $168 0000 41% $586 000
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F a~C. _ ~ dEl ..- rtr-~L~.~.: '~ rc .. F.F -3a l ~. ".hre'F.~ w@,
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Direct. State Costs at $200;290 44% $87;360 11% $21,840 45% ~ $91 090
13% (review of plans,
environmental inspection
and oversi ht.
TOTAL $1740,979 $759,360 $18 9;840 $ 791779
First Payment Due Upon $91 090
execution of Agreement
by Local Government
Final :payment due 60 $586 000
days before letting
Total participation required from the local government = 779
This is an estimate only fnal participation amounts, including direct costs,. will be based on
actual charges .to the project.
AFA-LPAFA OnSys Page 8 of 8 Revised 01/24/2008
City of Fort Worth, Texas
Mayor and Council Communication
_~
COUNCIL ACTION Approved on 5/27/2008 Res No 3620-05-2008 8~ Ord No 18119-05-2008
DATE Tuesday May 27 2008
LOG NAME 20778SWM-LPAFA REFERENCE NO C 22824
SUBJECT
Adopt a Resolution Authorizing the Execution of a Local Transportation Project Advance Funding
Agreement with the Texas Department of Transportation for the Replacement of a Hydraulically
Inadequate Culvert at State Highway 183 and a Tributary to the West Fork of the Trinity River with
City Participation Not to Exceed $791 779 for Design Construction and Inspection of the Lebow
Channel Roadway Crossing Project and Adopt Appropriation Ordinance (Project No 00778)
RECOMMENDATION
It is recommended that the City Council
1 Authorize the City Manager to adopt the attached resolution authorizing the execution of a Local
Transportation Project Advance Funding Agreement in the amount of $1 740 979 with the Texas
Department of Transportation with City participation not to exceed $791 779 for a Rehabilitation Project for
the culvert at State Highway 183 and a Tributary to the West. Fork of the Trinity River Northeast 28th Street
and Decatur Avenue
2 Authorize the City Manager to accept $759 360 in in-kind federal funds and $189 840 in in-kind state
funds
3 Authorize the use and transfer of $791 779 from the 2004 Street Improvements 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 $1 740 979 subject to the receipt of funds and execution of the above referenced Local
Transportation and Project Advance Funding Agreement; and
5 Authorize payment in the amount of $677 090 to Texas Department of Transportation representing the
City's participation according to the agreement.
DISCUSSION
The 2004 Capital Improvement Program (CIP) approved funding for Lebow Channel Watershed
Improvements which included design and construction of this culvert. The Texas Department of
Transportation (TxDOT) has implemented a project to improve State Highway 183 This project intersects
the City's Lebow Channel Roadway Crossing Project at Northeast 28th Street and Decatur Avenue A
culvert at this intersection is inadequate to convey drainage flows and needs to be upgraded
On June 12 2007 Council authorized execution of a contract with Teague Nall and Perkins for Lebow
Channel Roadway Crossing Replacements at Brennan Street, 28th Street and Dewey Avenue (C-22177)
The design is complete for the Northeast 28th Street culvert.
Logname 20778SWM LPAFA Page 1 of 2
Upgrading the .culvert prior to construction of the Texas Department of Transportation (TxDOT) project will
benefit both the City and TxDOT The Texas Transportation Commission Minute Order No 109335
provides for the development and funding of the upgrade of this culvert. Category 1 Rehabilitation funds in
the amount of $840 000 for construction are available with additional $109,200 for plan review
environmental review inspection and oversight.
The Local Transportation Project Advance Funding Agreement (LPAFA) details the responsibilities of both
the City and TxDOT in the development of the project. The City is responsible for the design of the project,
securing any needed rights-of-way adjusting or relocating utilities and identification and assessment of any
environmental mitigation associated with the project. TxDOT wi11 advertise award and inspect construction
of the project.
The total estimated cost of the project is $1 740 979 of which the City's participation is estimated to be
$791 799 A portion of the City's participation has been paid for design and environmental surveys in the
amount of $114 689 leaving a a remaining City participation due in the amount of $677 090 The
FederallState participation in the project is $949,200 for construction plan review environmental review
and inspection The City wi11 be responsible for any cost overruns.
The scheduled letting date for this project is August 7 2008 The LPAFA requires that an initial payment of
$91 090 be submitted upon execution by the City and a balance of $586 000 60 days before the letting
which is June 8 2008 In order to meet the final payment deadline authorization to pay the full amount of
$677 090 is requested
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies upon approval of the above recommendations, execution of the LPAFA and
adoption of the attached appropriation ordinance funds will be available in the current capital budget, as
appropriated of the Grant fund
TO Fund/Account/Centers
2)GR74 451962 020302287000 $949.200.00
~GR74 472200 020302287000 $791,779.00
4)GR74 531200 020302287030 $114,689.00
4)GR74 541200 020302287080 $677,090.00
~GR74 IN KIND 020302287000 $949,200.00
FROM Fund/AccountlCenters
3)C200 538070 202280077883
5)GR74 541200 020302287080
$791,779.00
$677.090.00
Submitted for City Manager's Office bv. Fernando Costa (8476)
Originating Department Head. Greg Simmons (7862)
Additional Information Contact: Linda S Young (2485)
Logname 20778SWM LPAFA
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