HomeMy WebLinkAboutContract 33585 CITY SECRETARY CSJ # 0902-48-536
CONTRACT NO. District # 02
Code Chart 64 # 15000
Project: Magnolia Village Joint Venture
STATE OF TEXAS § M
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For an CMAQ Project
(Off State System)
THIS 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 "State",
and the City of Fort Worth, acting by and through its duly authorized officials, hereinafter called the
"Local Government."
WITNESSETH
WHEREAS, a Master Agreement between the Local Government and the State has been adopted
and states the general terms and conditions for transportation projects developed through this
LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 108410 that provides for
the development of, and funding for, the project describe herein; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance dated September 13, 2005, which is 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 Master Agreement, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement,
without exception.
3. Amendments to this LPAFA shall be made as described in the Master Agreement, without
exception.
4. Scope of Work. '�� ���
The scope of work for this LPAFA is described as follows (collectively, the " oj e6 -z� :
• The development of a PS&E package and environmental document for t
package will include plans for the following activities, within the project boundaries
(Pennsylvania Avenue to the north, Jennings Avenue to the east, Allen Avenue to the south
and Alston Avenue to the west):
i'02 :37 1 iU
AFA—LPAFA_OffSys Page 1 of 10 Revised 01/24/06
CSJ # 0902-48-536
District # 02
Code Chart 64 # 15000
Project: Magnolia Village Joint Venture
12. 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 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. The Local Government is responsible for all non-federal and non-state funding, including all
project cost overruns, unless provided for through amendment of this agreement.
d. After execution of this LPAFA, but prior to the performance of any work by the State, the Local
Government will remit a check or warrant made payable to the "Texas Department of
Transportation "in the amount specified in Attachment C as the local contribution for
Preliminary Engineering. The Local Government will pay at a minimum its funding share for
this estimated cost of preliminary engineering as stated in the Local Project Sources and Uses
of Funds provision of the Master Agreement.
e. [Intentionally deleted]
f. 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.
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 or 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.
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 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.
13. 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. 0 F F I C
I n L%'
rn. �. V
AFA—LPAFA_OffSys Page 3 of 10 rs U72 me;'
CSJ # 0902-48-536
District # 02
Code Chart 64 # 15000
Project: Magnolia Village Joint Venture
14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing
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.
15. 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.
16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
ATTEST: APP OVED:
Marty Ffendrix Lihby Watson
City Secretary, `� � I Assistant City Manager
IA
Contract Autho ' ati nL,, Date:
Date: -�;
APPROVED AT TO FORM APPROVAL RECOMMENDED:
AND LEGALITY:
Peter Vaky Fernando Costa
Assistant City Attorney Director, Planning Department
Date: 2-22-06
0FFI�CIAlk11E0P?Do
AFA—LPAFA—OffSys Page 4 of 10 s-
CSJ # 0902-48-536
District # 02
Code Chart 64 # 15000
Project: Maqnolia Village Joint Venture
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: w 22!�LZ4-4��
J ice ullenix
erector of Contract Services Section
Office of General Counsel
Texas Department of Transportation
Date: 9�VZ / D06
{CITY NICE E�'� "�� ;
9�t �i cs •
AFA—LPAFA_OffSys Page 5 of 10 Revised 01/24/06
CSJ # 0902-48-536
District # 02
Code Chart 64 # 15000
Project: Magnolia Village Joint Venture
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
City of Fort Worth, Texas
Mayor ncil Communication
COUNCIL ACTION: Approved on 9/1312005-Ordinance No. 16575-09-2005
DATE: Tuesday, September 13, 2005
LOG NAME: 22MAGNOLIA REFERENCE NO.: **G-14914
SUBJECT:
Authorize Execution of an Agreement with the Texas Department of Transportation for Magnolia
Village Pedestrian and Streetscape Improvements and Adopt Appropriation Ordinance
rv•.w..,.inm.,..�3.:.v.ki?,.Rr.,re'vn.:..S..xY x.Y^Y,:...G. .e`.a-.Yea'u.'.x;.:a.."rm.ii.�«A:S4sW:..^e.-.b'um.a:+X+S'.L.bAkNnuw.E«>'G9Y�Hbh.i.:f.Y^sztaitrza£daed": •— ....:':aH�2'.:.9e_.. -¢ciri�9BM.b!««a:.�e�'"..:Vhb7rivre:.,�io-C3;P
RECOMMENDATION:
................. . ..................._............. .
It is recommended that the City Council:
1. Authorize the City Manager to execute a Local Transportation Project Advance Funding Agreement
(LPAFA) with the Texas Department of Transportation (TxDOT) for federal Congestion Mitigation and Air
Quality Improvement Program (CMAQ) funds in the amount of $1,233,688.00, for pedestrian and
streetscape improvements in Magnolia Village;
2. Approve the transfer of $308,422.00 from the Southside Tax Increment Finance District #4 (Southside
TiF) for the 20 percent local match required by the North Central Texas Council of Governments
(NCTCOG) Land Use/Transportation Joint Venture Program to the Grants Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of$1,542,110.00,from the federal CMAQ funds and TIF contribution;
4. Authorize the City Manager to remit a check to TxDOT in the amount of$10,000.00,which is a portion of
the 20 percent local match for administration of the project as required by the LPAFA;and
5. Authorize a non-interest bearing inter-fund loan from the General Fund to the Grants Fund in the amount
of$308,422.00 for interim financing of this grant project pending contract execution.
DISCUSSION:
The Land Use/Transportation Joint Venture Program is an initiative of NCTCOG's Regional Transportation
Council(RTC) to improve regional air quality and promote sustainable development. The program provides
funding for transportation projects that support private mixed-use development within a pedestrian- and/or
transit-oriented environment.
On October 11, 2001, the RTC selected the Magnolia Green Project, located at the intersection of Magnolia
Avenue and Hemphill Street in Magnolia Village, to receive$1,233,688.00 in federal CMAQ funds through
the Joint Venture Program. Magnolia Village is one of 13 urban villages designated by the City Council as
target areas for higher intensity, pedestrian-oriented, mixed-use development. On February 18, 2003
(M&C G-13884) the City Council approved authorizing the City Manager to execute a LPAFA withre,
�Rand accept local matching funds from the Magnolia Green developer. (t1 �� UNInconsistencies between TxDOT's review requirements and the developers' schedule preven c'S�U 'I uMagnolia Green project from utilizing the Joint Venture funds. Following notification about the s :,.1 conflicts in late 2004, City staff worked with Fort Worth South, Inc., the Hemphill Corridor Task FoN� � 1
Logname: 22MAGNO.LIA Paae 1
AFA—LPAFA_OffSys Page 6 of 10 Revised 01/24/06
CSJ # 0902-48-536
District# 02
Code Chart 64 # 15000
Project: Magnolia Village Joint Venture
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
other stakeholders to define an appropriate area that should benefit from the funds. In a January 31, 2005,
stakeholder meeting, participants identified an area bounded by Pennsylvania Avenue to the north,
Jennings Avenue to the east,Allen Avenue to the south and Alston Avenue to the west.
Magnolia Village is located at the center of this proposed improvement area. On February 3, 2005,the City
Council's Central City Revitalization and Economic Development Committee authorized staff to request an
appropriate modification to the State Transportation Improvement Program (STIP)for improvements to this
area.
On June 29, 2005, the Board of Directors for TIF approved a cash contribution in the amount of
$308,422.00 to fulfill the 20 percent local match required to use the $1,233,688.00 in federal CMAQ
funds. The total funding available for the project will be$1,542,110.00.
On July 18,2005, the RTC modified the STIP as requested by the City.
The draft LPAFA outlines the potential improvements. The project will focus on streetscape and pedestrian
improvements along Hemphill Street between Pennsylvania Avenue and Allen Street and could include the
following:
1. New landscaped median with breaks in appropriate locations along Hemphill Street between
Pennsylvania Avenue and Allen Avenue;
2. Reconstruction of substandard curb and sidewalks on various blocks,as needed;
3. Pedestrian crosswalks;
4. Additional pedestrian improvements, including but not limited to: street trees, pedestrian lights, benches,
trash bins, bike racks and wayfinding signs;
5. Irrigation systems to support new landscaping;and
6. Relocation of utilities and traffic and pedestrian signal controls,as necessary.
In conjunction with the LPAFA's execution, TxDOT requires grant recipients to remit a $10,040
administration fee, which is part of the local match funds required under the grant. Following execution of
the LPAFA and fee payment, City staff will distribute a Request for Qualifications(RFQ) to architectural and
engineering firms. Following selection of a preferred consultant and contract negotiations, staff will seek
Council authorization to execute a design contract. The preliminary project schedule anticipates the
commencement of design work by the end of 2005 and completion of construction by the second quarter of
2008.
This project is located in COUNCIL DISTRICTS 8 and 9.
FISCAL_INFOR...M.ATlON/CERTIFICATI..OIV:
The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be
available in the current operating budget, as appropriated, of the Grants Fund. Upon execution of the grant
contract,the interim inter-fund loan will be returned to the General Fund,
TO FundlAccountlCenters FROM FundlAccount/Centers
(5)GR76 220001 000302054.000 $308,422,00 (2)G587 538070„002704097000 $308,422.00
(1)(3)GR76 451942 I'l_022302054000 $1,233 688M (5)GG01__136076 0000000 $308,422.09
11.
(2.)GR76 472087 022302004.0.0.0 $308:422.00 (4)GR76 539120_022 054010 $19,000�00
(1}(3) �1y 2,110,00
GR76 5X.X.XXX_022:x!?0554010
Submitted for City Manager's Office by; Libby Watson(6199)
Originating Department...Head, Fernando Costa (8042) S'S� 0”
Additional Information Contact: Pankti Shah(7373)
L,ognanie:22M.AGNOLIA `- -Page 1)
AFA—LPAFA_OffSys Page 7 of 10 Revised 01/24/06
CSJ # 0902-48-536
District # 02
Code Chart 64 # 15000
Project: Magnolia Village Joint Venture
-Attachment B - Project Location Map
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AFA—LPAFA—OffSys Page 8 of 10 Revised 01/24/06
CSJ # 0902-48-536
District # 02
Code Chart 64 # 15000
Project: Magnolia Village Joint Venture
Attachment B - Project Location Map
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Texas Department of Transportation
P.O. BOX 6868•FORT WORTH, TEXAS 76115-0868•(817) 370-6500
May 31, 2006
CONTACT: DD-CM
STP-MM
Advance Funding Agreement
CSJ: 0902-48-536
Magnolia Village Joint Venture
Tarrant County
Scott Bellen
Senior Planner
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Dear Mr. Bellen:
Attached, for your files, is one (1) fully executed original of the Local Transportation
Advance Funding Agreement between the State and City of Fort Worth for the
above project.
In accordance with the Agreement a check made payable to the Texas Department
of Transportation in the amount of $10,000 should be forwarded to the Fort Worth
District as soon as possible. No work will begin on this project until the City's check
has been received.
If you have any concern or have additional questions, please contact me at
(817) 370-6530.
Sincerely,
Tuanh T. Pham
Contrac pecialist
Attachment
cc: file; Kim Parris, Transportation Funding Specialist; Joe Fosset, PE, South
Tarrant County Area Office Engineer
OFFICIA1 END
CITY SRII�;IRUY
06-06-06 P02 :41 IN FT. W"PTH, MY.
An Equal Opportunity Employer
Texas
Department
of Transportation
ESCROW RECAPITULATION
Highway Magnolia Village Joint Venture CSJ 0902-48-536
County Tarrant Project No.
Limits Pennsylvania Avenue, Jennings Avenue, Allen Avenue, Alston Avenue
Description The development of a PS&E package and environmental document
Type of Agreement Off-State System (CMAQ)
Scheduled Letting Date March 2008
Agreement No. Date of Ex ecu ' n 5/16/06
Requested By Tuanh T. Pham
Section District Design
Date May 31, 2006
Entity Name City of Fort Worth
Entity Code 15000
Reason & Amount of Funds Requested
Right of Way ❑ $ 0.00
Preliminary Engineering ® $ 10,000.00
Preletting ❑ $
Post Letting ❑ $ 0.00
Construction Adjustment ❑ $ 0.00
Total $ 10,000.00
To be Filled in by Outside Entity
Amount Submitted
Check#
Date Submitted
PLEASE RETURN THIS COMPLETED FORM WITH PAYMENT
To be Filled in by TxDOT After Receipt
Amount Received
Date Received
Processed Deposit
OFFICIA1 ROD
eirf MI-1-HR 2111y
. : °1� , � ?
Page 1 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13/2005 - Ordinance No. 16575-09-2005
DATE: Tuesday, September 13, 2005
LOG NAME: 22MAGNOLIA REFERENCE NO.: **G-14914
SUBJECT:
Authorize Execution of an Agreement with the Texas Department of Transportation for Magnolia
Village Pedestrian and Streetscape Improvements and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a Local Transportation Project Advance Funding Agreement
(LPAFA) with the Texas Department of Transportation (TxDOT) for federal Congestion Mitigation and Air
Quality Improvement Program (CMAQ) funds in the amount of $1,233,688.00, for pedestrian and
streetscape improvements in Magnolia Village;
2. Approve the transfer of $308,422.00 from the Southside Tax Increment Finance District #4 (Southside
TIF) for the 20 percent local match required by the North Central Texas Council of Governments
(NCTCOG) Land Use/Transportation Joint Venture Program to the Grants Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of$1,542,110.00, from the federal CMAQ funds and TIF contribution;
4. Authorize the City Manager to remit a check to TxDOT in the amount of $10,000.00, which is a portion of
the 20 percent local match for administration of the project as required by the LPAFA; and
5. Authorize a non-interest bearing inter-fund loan from the General Fund to the Grants Fund in the amount
of$308,422.00 for interim financing of this grant project pending contract execution.
DISCUSSION:
The Land Use/Transportation Joint Venture Program is an initiative of NCTCOG's Regional Transportation
Council (RTC) to improve regional air quality and promote sustainable development. The program provides
funding for transportation projects that support private mixed-use development within a pedestrian- and/or
transit-oriented environment.
On October 11, 2001, the RTC selected the Magnolia Green Project, located at the intersection of Magnolia
Avenue and Hemphill Street in Magnolia Village, to receive $1,233,688.00 in federal CMAQ funds through
the Joint Venture Program. Magnolia Village is one of 13 urban villages designated by the City Council as
target areas for higher intensity, pedestrian-oriented, mixed-use development. On February 18, 2003,
(M&C G-13884) the City Council approved authorizing the City Manager to execute a LPAFA with TxDOT
and accept local matching funds from the Magnolia Green developer.
Inconsistencies between TxDOT's review requirements and the developers' schedule prevented the
Magnolia Green project from utilizing the Joint Venture funds. Following notification about the schedule
conflicts in late 2004, City staff worked with Fort Worth South, Inc., the Hemphill Corridor Task Force, and
other stakeholders to define an appropriate area that should benefit from the funds. In a January 31, 2005,
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/24/2006
Page 2 of 3
stakeholder meeting, participants identified an area bounded by Pennsylvania Avenue to the north,
Jennings Avenue to the east, Allen Avenue to the south and Alston Avenue to the west.
Magnolia Village is located at the center of this proposed improvement area. On February 3, 2005, the City
Council's Central City Revitalization and Economic Development Committee authorized staff to request an
appropriate modification to the State Transportation Improvement Program (STIP) for improvements to this
area.
On June 29, 2005, the Board of Directors for TIF approved a cash contribution in the amount of
$308,422.00 to fulfill the 20 percent local match required to use the $1,233,688.00 in federal CMAQ
funds. The total funding available for the project will be $1,542,110.00.
On July 18, 2005, the RTC modified the STIP as requested by the City.
The draft LPAFA outlines the potential improvements. The project will focus on streetscape and pedestrian
improvements along Hemphill Street between Pennsylvania Avenue and Allen Street and could include the
following:
1. New landscaped median with breaks in appropriate locations along Hemphill Street between
Pennsylvania Avenue and Allen Avenue;
2. Reconstruction of substandard curb and sidewalks on various blocks, as needed;
3. Pedestrian crosswalks;
4. Additional pedestrian improvements, including but not limited to: street trees, pedestrian lights, benches,
trash bins, bike racks and wayfinding signs;
5. Irrigation systems to support new landscaping; and
6. Relocation of utilities and traffic and pedestrian signal controls, as necessary.
In conjunction with the LPAFA's execution, TxDOT requires grant recipients to remit a $10,000
administration fee, which is part of the local match funds required under the grant. Following execution of
the LPAFA and fee payment, City staff will distribute a Request for Qualifications (RFQ) to architectural and
engineering firms. Following selection of a preferred consultant and contract negotiations, staff will seek
Council authorization to execute a design contract. The preliminary project schedule anticipates the
commencement of design work by the end of 2005 and completion of construction by the second quarter of
2008.
This project is located in COUNCIL DISTRICTS 8 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be
available in the current operating budget, as appropriated, of the Grants Fund. Upon execution of the grant
contract, the interim inter-fund loan will be returned to the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 220001 000302054000 $308,422.00 S87 538070 002704097000 $308,422.00
MU3 $1,233,688.00 (5)GG01 136076 0000000 $308,422.00
GR76 451942 022302054000 4 $10,000.00
0 $308,422.00 GR76 539120 022302054010
GR76 472087 022302054000
a31aX31 $1,542,110.00
GR76 5XXXXX 022302054010
Submitted for City Manager's Office by: Libby Watson (6199)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/24/2006
Page 3 of 3
Originating Department Head: Fernando Costa (8042)
Additional Information Contact: Pankti Shah (7373)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/24/2006