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HomeMy WebLinkAboutContract 41129THE STATE OF TEXAS CSJ #0172-06-087 District #02-Fort Worth Code Chart 64 #15000 Project: US 287 @ Berry/Vaughan CITYrY a cr LIAM' • m N 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 it's 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 111335 authorizes the State to undertake and complete a highway improvement generally described as the extension of US 287 Southbound frontage road to the BerryNaughan intersection; 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 a new connection from the Southbound US 287 road to the full intersection including a free right turn lane to Westbound Berry with a new traffic signal being added at the intersection, 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, exception. AFA—LPAFA_VolProj Page 1 of 5 11- int! AORD CITY SECRETARY FT WORTH, ► .K Revised 07/07/10 iu P12:29 IN 1 'I - 0 4 -1 0 A (I : 4 1 CSJ 110172-06-087 District #02-Fort Worth Code Chart 64 #15000 Project: US 287 @ Berry/Vaughan 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 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 Microsoft R 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. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 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 Stated incor .rated herein by reference, or special specifications approved by the State. AFA-LPAFA_VolProj Page 2 of 5 OFFICIAL RECORD CITY SECRETARY WORaevr ►> >:�i$�d 7/07/10 CSJ #0172-06-087 District #02-Fort Worth Code Chart 64 # 15000 Project: US 287 @ Berry/Vaughan Article 9. Increased Costs. Increased cost will be under the conditions as provided for in the MAFA, without exception. Articlel0. 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. Article 12 Notices. Notices of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Local Government: Assistant City Manager City of Fort Worth 1000 Throckrnorton Street Fort Worth, Texas 76102 State: Director of Contract Services Texas Department of Transportation 125 E. l lth Austin, Texas 78701 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 audCITY SECRio i .cETA = information the state auditor considers relevant to the investigation or audit. SECRETARY AFA-LPAFA__VolProj Page e 3 of 5 : at ROVI:0;dr,l9 "T0 AFA-LPAFA_VolProj CS.I #0172-06-087 District 402-Fort Worth Code Chart 64 # 15000 Project: US 287 @ Berry/Vaughan 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. 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 approve and a thorize y the Texas Transportation Commission. By ten Maribel Chavez, P.E., District Engineer Date 11 , , - I 0 THE LOCAL GOVERNMENT Name of the Local Government City of Fort Worth BY �Gsstww: COOlp Date //AA° Typed or Printed Name and Title Fernando Costa Atte by: Assistant City Manager 1OR? 8 zk oe:7 v00000000 (o) 0 0 Jff li ar ' Rendrid{, Ci y cretar0 4 ' ecy Zit lbg 1041‘.•<>° Page 4 of 5 Contract Authorization Date OFFI1C1AL RECSed 07/07/10 CITY SECRETARY Ft WORTH, TX CSJ #0172-06-087 District #02-Fort Worth Code Chart 64 # 15000 Project: US 287 @ Berry/Vaughan ATTACHMENT A The Local Government will participate in the extension of the US 287 Southbound service road by funding that portion of the improvement described as a new connection from the Southbound US 287 road to the full intersection including a free right turn lane to Westbound Berry with a new traffic signal being added at the intersection. This project is 100% voluntary with the Local Government's portion being $1,762,681.00. Description Total State Local Estimate Participation Participation Cost Cost % Cost Preliminary $199,120 0% $0.00 100% $(199,120 Engineering & Environmental ROW $50,000 0% $0.00 100% $50,000 Utility Relocation $50,000 0% $0.00 100% $50,000 Construction $1, 275, 934 0% $0.00 0% $1,275,934 Subtotal $1,575,054 $0.00 $1,575,O54 Direct State Costs $187,627 0% $0.00 100% $187,627 (including plan . inspection, review, and oversight) TOTAL $1,762,681.00 $0.00 $1,762,681.00 Direct State Cost will be based on actual charges. Local Government's Participation (100%) _ $1,762,681.00 Upon execution of this agreement, the Local Government shall remit = $187,627.00 60 Days prior to project letting the Local Government shall remit $1,575,054.00 This is an estimate only, final participation amounts will be based on actual charges to the project. AFA-LPAFA_VolProj Page 5 of 5 OFFICIAL RECORD CITY SECRETARY ��' WQAITsigdPr/0/10 FORT WORTH INTEROFFICE MEMO TO: David Jodray, Transportation and Public Works Depai linent FROM: Allison Tidwell, City Secretary's Office DATE: November 5, 2010 SUBJECT: LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR CONSTRUCTION OF THE US 287 HIGHWAY SOUTHBOUND FRONTAGE ROAD AT BERRY/VAUGHN INTERSECTION PROJECT (M&C C-24562) These documents are being forwarded to you for original signatures from Texas Department of Transportation. All signed copies of the contract must be returned with original signatures for final processing Failure to return the documents will delay the final processing of the contract. Once we have received all of the documents, we will assign a contract number. Thank you in advance for your cooperation. If you have any questions, please call me at 817-392-6090. Attached: 2 sets City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/26/2010 - Ord. No 19417-10-2010'.... DATE: Tuesday, October 26, 2010 LOG NAME: 17US287 BERRYNAUGHN SUBJECT Authorize the Execution to the Local Project Advance Funding Agreement with the Texas Department of Transportation in the Amount of $1,762,681.00 for Construction of the BerryNaughn Intersection on US Highway 287 Southbound Frontage Road, Accept $1,250,848.00 Grant from North Central Texas Council of Governments, Authorize Execution of Amendment to Advance Funding Agreement with Renaissance Square, LLC for Use of $312,713.00 Payment from Renaissance Square, LLC to Fund the Local Matching Obligations, Authorize Transfer of $199,120.00 from the City's General Fund to the Grants Fund, Authorize Execution of Related Sustainable Development Infrastructure Agreement with North Central Texas Council of Governments, Adopt Related Appropriation Ordinance, and Authorize Transfer of $187,627.00 to Texas Department of Transportation to Initiate Construction (COUNCIL DISTRICT 8) REFERENCE NO.: C 24562 RECOMMENDATION. It is recommended that the City Council: 1. Authorize the execution of a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation in the amount of $1,762,681.00 for design, right-of-way, utilities and construction of the BerryNaughn Intersection project on US Highway 287 (Southbound Frontage Road); 2. Authorize the acceptance of $1,250,848 00 grant from the North Central Texas Council of Governments (NCTCOG) in accordance with a Sustainable Development Infrastructure Agreement with the NCTCOG in the amount of $1,563,561.00 ($1,250,848.00 NCTCOG grant plus 20 percent local match of $312 713.00); 3. Authorize execution of the Sustainable Development Infrastructure Agreement with NCTCOG; 4. Authorize execution of an amendment to Advanced Funding Agreement with Renaissance Square, LLC (City Secretary Contract No. 40550) for receipt of $312 713.00 payment from Renaissance Square, LLC in order to restructure the funding commitments for this project; 5. Authorize the transfer of $312,713.00 received from Renaissance Square, LLC under the Advance Funding Agreement from the General Fund to the Grant Fund for the payment of the required 20 percent local match under the Sustainable Development Infrastructure Agreement with NCTCOG; 6. Authorize the transfer of $199,120.00 from the General Fund to the Grant Fund for partial payment of this project by the City; 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Fund in amount of $1,762,681.00 from available funds and 8. Authorize an initial payment to the Texas Department of Transportation in the amount of $187,627.00 Logname: 17US287 BERRY/VAUGHN Page 1 of 3 in accordance with the LPAFA. DISCUSSION: On March 24, 2009, the City Council approved an Economic Development Program Agreement with Renaissance Square, LLC (Developer) for redevelopment of a 200-acre site at the southwest corner of US Highway 287 and East Berry (City Secretary Contract No. 39287, M&C C-23400). This site includes the former Masonic Home and School. Developer proposes to invest a minimum of $46 million to develop up to 500,000 square feet of retail/restaurant space on 63 acres located at the northern portion of the 200 acre site. In order to improve access to this site, it is necessary to construct an extension of the southbound frontage road of US Highway 287 from the BerryNaughn exit ramp and to reconstruct the intersection, signals, and street lights adjacent to the site (the Project). The Project was approved by the Texas Transportation Commission Minute Order No. 111335 on April 24, 2008. On June 22 2010, the City Council approved the execution of a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) in the amount of $1 526,089.00 for the construction of the Project (M&C C-24292). In the same action, the City Council authorized execution of an Enhanced Community Facilities Agreement (ECFA) with Renaissance Square, LLC (Developer) for the design work in the amount of $199,120 00 (City Secretary Contract No. 40268, as amended) and execution of an Advance Funding Agreement with Developer to receive $312 713 00 to be used for the City's matching obligations under the LPAFA (City Secretary Contract No. 40550). The total cost of the Project has since increased to $1,762,681.00. In addition, the proposed funding structure for the Project has changed. In order to expedite completion of the Project, it is now recommended that the City fund the Project with federal funds paid through a grant of $1,250,848.00 from the North Central Texas Council of Governments (NCTCOG). The local match required for this Project will be paid by Developer in accordance with the existing Advance Funding Agreement between the City and Developer The City will also contribute $199,120.00, as originally planned. The Developer's contribution and the City's share of this Project were rolled over to the Fiscal Year 2011 General Fund budget and then transferred to the Grant Fund per the above recommendations. As a result, the cost increase of the Project will be entirely covered by the NCTCOG grant. In order to initiate construction of the Project, it is necessary for the City to execute a LPAFA with TxDOT. City staff will manage the engineering design, right-of-way acquisition and utility relocation for this project. TxDOT will manage the construction of the BerryNaughn exit ramp project. Currently the Project is in the pre -development and design phase, with full construction activities to begin in September 2011. In addition the Developer has constructed the spine road in the Renaissance Square development. The intersection is scheduled for completion in March 2012. Prior to construction, TxDOT will schedule a public meeting and outreach for the project as necessary. Staff is recommending the execution of the Agreements described above and the authorization of payment to TxDOT in the amount of $187,627.00. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. Logname. 17US287 BERRY/VAUGHN Page 2 of 3 FUND CENTERS: TO Fund/Account/Centers 2) GR76 451409 020203507000 4&5) GR76 472001 02023XXX000 7) GR76 539120 020203507010 FROM Fund/Account/Centers $1,250(848.00 4) GG01 538070 0202002 $5111833.00 5) GG01 538070 0203002 $11762,681.00 8) GR76 539120 020203507010 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Susan Alanis (8180) Jay Chapa (5804) Ryan Haden (7329) $312,713.00 $199,120.00 $187,627.00 Logname. 17US287 BERRY/VAUGHN Page 3 of 3 Ordinance No. 19417-10-2010 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $1,762,681.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING THE DESIGN, RIGHT-OF-WAY, UTILITIES AND CONSTRUCTION FOR THE BERRY VAUGHN INTERSECTION PROJECT ON US HIGHWAY 287; PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: S ECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2010-2011 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount of $1,762,681.00 from available funds, for the purpose of funding the design, right-of-way, utilities and construction for the Berry Vaughn Intersection Project on US Highway 287. S ECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. S ECTION 3. That this ordinance shall be cumulative of Ordinance No.19355 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney S ECTION 4, ADOPTED AND EFFECTIVE: October 26, 2010 1JAYOR AND COUNCIL COMMUNICATION MAIr' 20 At Lb237 MC CURDY 4- 4o co co 0 REtauo Z a 2 ta- 0 C a 0 NORTH GLEN OLD MANSFIELD 4/N© 2 n BIDEKER BERRY C9 er GLEN GARDEN TIMBERLINE GARDENIA RODEO PIONEER O MECCA TRUELAND ADA 4 CRENSHAW (9 COiRa ASTLAND MONTAGUE HARDEMAN uJ PECOS SEMINARY TUDOR 0 0 rn 0 0 50 100 200 300 Ft 414 A , O 41 0, + rie 0 c u T ALLMAN KNOX c u 5 ect a i SHACKLEFORD MARTIN PECOS FAIRFAX FORBES REED EASTLAND KILLIAN COLLIN HOWARD LITTLEJOHN STRONG Rs ((9 QUAILS z et aas 3, u r to I-IARLEM RAMEY SUNSHINE LANGS T ON VIRGIL WI LBARG E R FAIRLANE FAIRLANE MOBERLY TRENTMJAN OAK HILL u =' uJ FLAMINGO 0 w 1)1 4 (0 tr ARTMAN PARKER HE DERS©N JOY EDGEWOO WILLOW MAXEY VILLAGE CREEK VL LAGE CREEK MARTIN J a COTTEY PINSON TURNER COX u 0 ce V 0tti V DAVID STRICKLAND SUN VALLEY COLLETT LITTLE (DALE 0 1 Inn DVIEW GLENN PRIVATE 0 2 4 FREEMAN ESCO i a STALCUP T ALLIE n FITZHUGH ALTER BURTON NORRIS co 2 co ANGER CRAVENS BERRY GRAYSON OAKDALE WILKES WILBARGER SHORELINE E3IG FORK 87 0 LASTER j 4/ tP As l,, '2 gi 0 1000 2000 0 0 z 4000 0 Lake Arlington IH2O BOWMAN SPRINGS 6000 Ft 0 co n MICEHELLE 87 DETAIL OF PROJECT LOCATION