HomeMy WebLinkAboutResolution 3626-06-2008A Resolution
NO 3626-06-2008
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 DRAINAGE
IMPROVEMENTS AND MEDIAN NARROWING ON EAST ROSEDALE STREET FROM IH
35W TO US 287
WHEREAS, the State Department of Highways and Public Transportation provided for the
reconstruction of East Rosedale Street from IH 35 W to US 287 by passing Minute Order 90823 on
September 26 1990• and
WHEREAS, the Texas Transportation Commission approved the Statewide Mobility Program
of the Unified Transportation Program by passing Minute Order 110266 on October 27 2005 and
WHEREAS, the Texas Transportation Commission approved the Statewide Preservation
Program of the Unified Transportation Program by passing Minute Order 110479 on March 30 2006
and
WHEREAS, the City of Fort Worth desires to enter into a Local Project Advance Funding
Agreement with the Texas Department of Transportation for the division of costs and responsibilities
associated with drainage improvements and median narrowing on East Rosedale Street from IH 35W to
US 287
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS
Authorizes the Crty Manager or lus designee, to execute a Local Project Advance Funding
Agreement with the Texas Department of Transportation to share the responsibilities associated with
drainage improvements and median narrowing on East Rosedale Street from IH 35W to US 287
PASSED AND APPROVED by the Crty Council of the Crty of Fort Worth, Texas on this the
th ,ter "-` .+. ,C1`
10 da of<June 2008:
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RESOLUTION NO 3626-06-2008
CSJ # 0172-01-042
District # 02
Code Chart 64 # 15000
Project: Drama eg_Improvements
Agreement # 02-8XXF6018
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR
VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas acting 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 Texas Transportation Code Chapter 201 and 222 authorizes the State to lay out,
construct, maintain and operate a system of streets roads and highways that comprise the State
Highway System and
WHEREAS Texas Government Code Chapter 791 and Texas Transportation Code §201 209 and
Chapter 221 authorizes the State to contract with municipalities and political subdivisions and
WHEREAS Commission Minute Order Number 110266, 110479 authorizes the State to undertake
and complete a highway improvement generally described as widen four lanes to six lanes divided
and replace Railroad underpass, 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 construction
on drainage improvements on East Rosedale and Sycamore Creek and modify the plans to reduce
the width of the median from IH 35W to US 287, hereinafter called the Project" and
WHEREAS Transportation Code §201 209 allows the State to enter into an interlocal,agreement
with a Local Government; 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
Article 1 Time Period Covered The period of this LPAFA is as stated in the MAFA, without
exception
Article 2. Project Funding and Work Responsibilities 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
AFA-LPAFA VolProj Page 1 of 5 Revised 11/20/2007
RI!JSOLUTION NO 3626-06-2008
CSJ # 0172-01-042
District # 02
Code Chart 64 # 15000
Protect: Drainage Improvements
Agreement # 02-8XXF6018
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
Article 3 Payment of Funds. 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.
Article 4 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.
Article 5 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
Article 6 Responsibilities of the Parties Responsibilities of the Parties will be under the
conditions as provided for in the MAFA, without exception
Article 7 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 MicrosoftC~ 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 entity creates the documents with its own
forces or by hiring a consultant or professional provider
Article 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 herein by
reference or special specifications approved by the State
Article 9 Increased Costs Increased cost will be under the conditions as provided for in the
MAFA, without exception
Article10 Maintenance. Project Maintenance will be under the conditions as provided for in the
MAFA, without exception
Article 11 Termination Termination of this LPAFA shall be under the conditions as stated in the
MAFA, without exception
AFA-LPAFA VolProj Page 2 of 5 Revised 11/20/2007
RESOLUTION NO 3626-06-2008
CSJ # 0172-O1-042
District # 02
Code Chart 64 # 15000
Project: Drama~e Improvements
Agreement # 02-8XXF6018
Article 12 Notices Notices of this LPAFA shall be under the conditions as stated in the MAFA,
without exception Local Government: Fernando Costa
Assistant City Manager
Citv of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Article 13 Sole Agreement. Sole Agreement of this LPAFA shall be under the conditions as stated
in the MAFA, without exception
Article 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.
Article 15 Amendments. Amendments to this LPAFA shall be made as described in the MAFA,
without exception
Article 16 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, unless such MAFA provision is specifically excepted herein Any conflict between the
terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA.
Article 17 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.
Article 18 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.
Article 19 Signatory Warranty The signatories to this agreement warrant that each has the
authority to enter into this agreement on behalf of the party they represent.
IN WITNESS WHEREOF THE STATE AND THE LOCAL GOVERNMENT have executed duplicate
counterparts .to effectuate this agreement.
AFA-LPAFA_VolProj Page 3 of 5 Revised 11/20/2007
RESOLUTION NO 3626-06-2008
CSJ # 0172-01-042
District # 02
Code Chart 64 # 15000
Project: Drainage Improvements
Agreement # 02-8XXF6018
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
District Engineer
THE LOCAL GOVERNMENT
ATTEST
Marty Hendrix
City Secretary
Contract Authorization
Date
APPROVED AS TO FORM AND LEGALITY
Amy Ramsey
Assistant City Attorney
Date.
APPROVED
Fernando Costa
Acting Assistant City Manager
Date.
APPROVAL RECOMMENDED
Greg Simmons
Acting Director Transportation/
Public Works Department
Date
AFA-LPAFA_VolProj Page 4 of 5 Revised 11/20/2007
RESOLUTION NO 3626-06-2008
CSJ # 0172-01-042
District # 02
Code Chart 64 # 15000
Project: Drainage Improvements
Agreement #• 02-8XXF6018
Attachment A
Payment Provision and Work Responsibilities
The Local Government will pay for the cost of the construction on drainage improvements on East
Rosedale and Sycamore Creek and modify the plans to reduce the width of the median from IH 35W
to US 287 which are on-system locations The Local Government's participation is 100% of the cost
of this particular improvement. The Local Government's estimated cost of this additional work is
$2 781 556 00 including construction items and engineering and contingencies The State has
estimated the project to be as follows
Description Total
Estimate Cost Local
Partici ation
Cost
_. _ ~.
Preliminary Engineering for Drainage
Im rovements $104 216 100% $104 216
Preliminary Engineering for Median $227 581 100% $227 581
Environmental for Drainage Improvements $16 584 100% $16 584
Construction for Drainage Improvements $2 340 754 100% $2 340 754
Subtotal $2,6$9,135 ' $2,689,135
Direct State Costs 13% (including plan review
inspection and oversight) $349 588 100% $349 588
TOTAL $3,038,723 $3,038,723
1 Pa menu' aid b Ci #or Median -.257,.167
- - - -- -
P'a meet due u on `execution'(No Engineering) -~ _-- _ $2,660,756"
Direct State Cost will be based on actual charges
Local Government's Participation (100%) = 53,4723
This is an estimate only final participation amounts will be based on actual charges to the project.
Work Responsibilities.
The State is responsible for Construction of the drainage improvements The City is responsible for
the Preliminary Engineering and Environmental and the State will review and approve the Preliminary
Engineering and Environmental
The State is responsible for the modification of the plans for reducing the width of the median from
IH 35W to US 287
AFA-LPAFA_VolProj Page 5 of 5 Revised 11/20/2007
RESOLUTION NO 3626-06-2008
Page 1 of 1
http.//mcrequest.cfwnet.org/Attachments/9625/EastRose%20srte%20map Mpg 6/11/2008
City of Fort Worth, Texas
Mayor and Council Communication
_ _ ~~
COUNCIL ACTION Approved on 6/10/2008 Res No 3626-06-2008
DATE Tuesday June 10 2008
LOG NAME 20138SWM-LPAFA REFERENCE NO C 22847
SUBJECT
Adopt Resolution Authorizing the Execution of a Local Project Advance Funding Agreement with the
Texas Department of Transportation with City Participation Not to Exceed $3 038 723 00 for the
Design Construction and Inspection of Drainage Improvements at East Rosedale and Sycamore
Creek
W ~.. _. _.
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached resolution authorizing the execution of a Local Project Advance Funding Agreement
with the Texas Department of Transportation with City participation not to exceed $3 038 723 00 for the
design construction and inspection of drainage improvements at East Rosedale and Sycamore Creek; and
2. Authorize Payment to Texas Department of Transportation in the amount of $2 660 756 00
DISCUSSION
On November 27 1990 the City Council approved M&C G-8922 accepting the provisions of the then State
Department of Highways and Public Transportation Commission (now the Texas Transportation
Commission) Minute Order No 90823 providing for the reconstruction of East Rosedale Street from
Interstate Highway 35W to US 287 as a six-lane divided arterial The provisions of the Texas Transportation
Commission Minute Order makes Texas Department of Transportation (TxDOT) responsible for 50 percent
of the project cost and the City responsible for 50 percent, for standard project items. In addition Minute
Orders No 110266 and No 110479 authorized widening to a six lane divided arterial and replacement of a
railroad overpass
On January 19 2006 Council approved a design modification to the project plans to reduce the median
width and authorized payment to TxDOT in the amount of $257 167 M&C (G-15064) This payment is
included in the Payment Provisions of the Local Project Advance Funding Agreement (LPAFA)
Drainage improvements are included as part of this project. TxDOT drainage design standards are limited
to the 25-year design frequency but City standards call for design for the 100-year storm frequency
protection On June 12, 2007 Council approved a contract with LopezGarcia Group to upgrade the design
for drainage improvements which are located near Sycamore Creek Tributary M&C (C-22169) The
upgraded scope of work includes four additional culverts channel construction and storm drain and
channel improvements The design is complete Because the upgrade is requested by the City the cost,
including design construction and inspection would be totally funded by the City
The LPAFA details the division of costs and responsibilities of the City and TxDOT in the development of
the drainage upgrade The City is responsible for the design securing any needed rights-of-way adjusting
or relocating utilities and identification and assessment of any environmental mitigation associated with the
Logname 20138SWM LPAFA Page 1 of 2
project. TxDOT will advertise award and inspect construction
The total estimated cost of the drainage upgrade portion is $2 660 756 00 This cost will be totally funded by
the City through the Storm Water Capital Projects 2007 Revenue Bond Fund The City will be responsible
for any cost overruns.
This project is located in COUNCIL DISTRICT 8
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that funds are available in the current capital budget, as appropriated of the
Storm Water Capital Projects 2007 Revenue Bond Fund
TO Fund/AccountlCenters
FROM Fund/Account/Centers
P229 541200 208280013883 $2,660,756.00
Submitted for City Manager's Office b~ Fernando Costa (8476)
Originating Department Head. Greg Simmons (7862)
Additional Information Contact: Linda S Young (2485)
Logname 20138SWM LPAFA Page 2 of 2