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HomeMy WebLinkAboutContract 41994 (2)' //� evil .1 R �ea t� ��i CONTRACT � �fjf INTERLOCAL COOPERATIVE AGREEMENT Between THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and THE CITY OF FORT WORTH for SUSTAINABLE DEVELOPMENT TRANSPORTATION INFRASTRUCTURE PROJECT WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as the Metropolitan Planning Organization for the Dallas -Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected officials, is the regional transportation policy body associated with NCTCOG and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, it is the goal of the RTC to encourage and provide opportunities to develop sustainable development projects throughout the region; and, WHEREAS, on October 14, 2010, the RTC approved the de -federalization of $1,563,561 ($1,250,848 Surface Transportation Program- Metropolitan mobility funds and $312,713 local) and awarded $1,250,848 in RTC Local funding to the US 287 Berry Vaughn Project; WHEREAS, the City of Fort Worth agreed to utilize $1,250,848 in RTC Local dollars previously committed for Sustainable Development Projects to complete the US 287 Berry Vaughn Project; and, WHEREAS, the City of Fort Worth agreed to contribute $312,713 in local funds to the US 287 Berry Vaughn Project; and, WHEREAS, it is necessary for the City of Fort Worth and NCTCOG to define the respective roles and responsibilities in implementing the project and expending the $1,250,848 in RTC Local funds provided by the NCTCOG; and, WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code provides authority for the North Central Texas Council of Governments, and the City of Fort Worth to enter into this agreement for the provision of governmental functions and services of mutual interest; and, WHEREAS, the City of Fort Worth agreed to implement the US 287 Berry Vaughn Project consistent with the RTC Sustainable Development Program; and, WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance; and, NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: OFFICIAL RECORD CITY SECRETARY F7: WORTh, TX 1. Parties. This Interlocal Cooperative Agreement, hereinafter referred to as the "Agreement", is made and entered into by and between the North Central Texas Council of Governments, hereinafter referred to as ` NCTCOG", and the Lead Public Sector Sponsor, the City of Fort Worth, hereinafter referred to as the "SPONSOR". NCTCOG and the SPONSOR may each be referred to as a "Party", and may be collectively referred to as `Parties' to this Agreement 2. Term of Agreement. 2.1 Scope of Service. The SPONSOR covenants and represents to NCTCOG that the SPONSOR shall implement the US 287 Berry Vaughn, a Sustainable Development Transportation Infrastructure Project to be funded under this Agreement with the NCTCOG, which shall hereinafter be referred to as the "INFRASTRUCTURE PROJECT" as provided for in Appendix A of this Agreement. 2.2 Time of Performance. The SPONSOR shall not commence performance of any portion of the INFRASTRUCTURE PROJECT, nor incur any costs or obligations associated with those services until the SPONSOR has received a written Notice to Proceed from NCTCOG. All work and services required by this Agreement shall be performed between the effective Notice to Proceed date and the identified completion date, provided in the Project Milestones, unless otherwise mutually agreed to in writing by NCTCOG and the SPONSOR. 2.3 Termination. Either party reserves the right to terminate this Agreement in whole or in part. Notice of termination must be provided in writing, shall set forth the reasons for termination, and shall provide for a minimum of 30 days to cure the defect. Termination is effective only in the event the party fails to cure the defect within the period stated in the termination notice including any written extensions. If the Agreement is terminated, NCTCOG shall only be liable for payment for services rendered before the effective date of termination, plus reasonable contract closeout costs, as mutually agreed upon. The Parties may terminate this Agreement at any time by mutual written concurrence. Parties also agree that should a necessitated switch from local funds to federal funds occur for the INFRASTRUCTURE PROJECT, this agreement will be terminated. 2.4 Closeouts. Closeouts shall occur upon completion of the INFRASTRUCTURE PROJECT, submittal of final closeout reports and receipt of any unused funds as outlined in Section 5 4 of this Agreement. Closeout of any or all projects under this Agreement does not invalidate any continuing obligations imposed by this Agreement. 3. Amendments. 3.1 Agreement. This Agreement embodies all of the agreements of the parties relating to its subject matter, and supersedes all prior understandings and agreements regarding such subject matter. 3.2 Severability In the event any one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as possible the original intent of the Parties. 3.3 Changed Circumstances. If future federal, State, or local statute, ordinance, regulation, rule, or action render this Agreement, in whole or in part, illegal, invalid, unenforceable, or impractical, the Parties agree to delete and/or to modify such portions of the Agreement as are necessary to render it valid enforceable, and/or practical. Each section, paragraph, or provision of this Agreement shall be considered severable, and if, for any reason any section, paragraph, or provision herein is determined to be invalid under current or future law, regulation, or rule such invalidity shall not impair the operation of or otherwise affect the valid portions of this Agreement. 3.4 Modifications. Modifications to this Agreement must be agreed to in writing. 4 Budget 4.1 Funding. NCTCOG shall provide necessary funds for completion of the INFRASTRUCTURE PROJECT in an amount not to exceed the awarded funds of $1,250,848 identified in Appendix A. NCTCOG agrees to provide SPONSOR with funds not to exceed $1,250,848 for the total expenses of the INFRASTRUCTURE PROJECT following execution of this Agreement. 4.2 Match. The SPONSOR shall provide the required 20% local match as outlined in the Appendix A. 4.3 Pre Award Authority/Notice to Proceed. The SPONSOR may obtain a pre -award authorization for approved cost not to exceed an amount as agreed upon between the SPONSOR and NCTCOG. Documentation of such expenditures incurred under the pre -award authorization must be provided to NCTCOG and all eligible expenses may be reimbursed upon execution of the Agreement Costs incurred prior to execution of an Agreement are at the risk of the SPONSOR and is not the responsibility of NCTCOG to reimburse in the event an Agreement is not executed and/or the INFRASTRUCTURE PROJECT is not completed as defined in Appendix A. 4.4 Cost Overruns. Cost overruns are the sole responsibility of the SPONSOR. NCTCOG is not responsible for any costs other than as outlined herein. 4.5 Unused Funds. In the event that the INFRASTRUCTURE PROJECT is completed for Tess than the total awarded funding identified in Appendix A the SPONSOR shall return unused RTC Local funds to NCTCOG and these funds shall be reprogrammed by RTC. 5. Payments. 5.1 Required Documentation. At six month intervals following execution of this Agreement and continuing until completion of the activities identified in Appendix A, the SPONSOR shall submit documentation of all expenses covered by this Agreement. Documentation shall include an itemized list of expenses, as well as supporting documentation that supports the project elements have been completed, and certification that all expenses are verified as eligible. 5.2 Ineligible Expenses. NCTCOG funds shall only be used for construction aspects of the INFRASTRUCTURE PROJECT. Ineligible expenses include but are not limited to: construction or rehabilitation of private buildings, artwork, fountains, installation and/or rehabilitation of water and sewer lines, parking garages earthwork necessary to raise proposed buildings out of the floodplain and other items not directly related to mobility. Expenditures such as staffing travel, lobbying, permitting, land acquisition u nassociated with transportation improvements vehicles, advertising, billboards, consumables, and any other non -construction activities inconsistent with the intent of the Sustainable Development program are not eligible. NCTCOG shall notify the SPONSOR of any expenses determined to be ineligible expenses under this Agreement. The SPONSOR shall be responsible for any expenses determined to be ineligible. 5.3 Eligible Expenses. Costs must be determined to be the reasonable, necessary, actual, and eligible costs of conducting an approved activity in accordance with the Transportation Improvement Group Scope item, Attachment 6 of Appendix A to be eligible for reimbursement. Eligible transportation infrastructure must be (a) physically located within or along the limits of the proposed development/redevelopment zone or, (b) located within walking distance of the proposed project (1/2 mile or less depending o n site conditions), or (c) directly related to either the roadway or rail access necessary to make the development viable. 5.4 Repayment of Funds. Upon completion of the scope activities identified in Appendix Al any funds for which sufficient documentation of an eligible expense has not been provided by the SPONSOR shall be determined to be unused funds. NCTCOG shall submit an invoice to SPONSOR for these unused funds which will be returned and programmed in accordance with Section 4.4 of this Agreement. 5.5 Availability of Funds. This Agreement and all claims, suits or obligations arising u nder or related to this Agreement are subject to and limited to the receipt and availability of RTC local funds If RTC Local Funds are not available due to a default of local funds being paid to NCTCOG this contract shall terminate. 6. Rights. 6.1 Authority. The SPONSOR shall have no authority to act for or on behalf of the NCTCOG No other authority power, use, or joint enterprise is granted or implied. The SPONSOR may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of NCTCOG 6.2 Assignment. Without the prior written consent of the NCTCOG, the SPONSOR may not transfer or assign any rights or duties under or any interest in this Agreement. 6.3 Maintenance. The SPONSOR agrees to construct, own (or secure appropriate perpetual easement to protect the project from future activities of landowners), operate (as applicable), and maintain all facilities and/or restoration sites developed or improved pursuant to this Agreement 7. Miscellaneous Provisions. 7.1 Indemnification. NCTCOG and the SPONSOR agree that neither party is an agent, servant, or employee of the other party and agrees it is solely responsible for its individual acts and deeds as well as the deeds of its contractors, employees, representatives and agents. 7.2 Force Majeure. It is expressly understood and agreed by the parties to this Agreement that, if the performance of any provision of this Agreement is delayed by force majeure defined as reason of war, civil commotion act of God, governmental restriction regulation or interference, fire, explosion, hurricane, flood, failure of transportation, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. Each party must inform the other in writing within reasonable time of the existence of such force majeure. 7.3 Contractual Relationship. It is understood and agreed that the relationship described in this Agreement between the parties is contractual in nature and is not to be construed to create a partnership of joint venture or agency relationship between the parties. Nor shall any party be liable for any debts incurred by the other party in the conduct of such other party's business or functions. 7.4 Blueprints/Designs. The SPONSOR shall provide the NCTCOG with copies and recent updates of any final blueprints or designs pertaining to the INFRASTRUCTURE PROJECT and LAND USE DEVELOPMENT upon request. 7.5 Insurance. The SPONSOR shall comply with the insurance requirements imposed by State and local laws, regulations and ordinances. 7.6 Captions. The captions, headings, and arrangements used in this Agreement are for convenience only and shall not in any way affect, limit, amplify, or modify its terms and provisions. 7.7 Disputes and Remedies. The SPONSOR and NCTCOG shall negotiate in good faith toward resolving any disputes that arise under this Agreement. 7.8 Public Comment Process. Public meeting and public hearing notices regarding the INFRASTRUCTURE PROJECT of the LAND USE DEVELOPMENT shall be provided to the Project Manager within five (5) days of publication. Meeting minutes summaries of communication, and copies of written responses to public comments and questions shall be transmitted to the Project Manager within thirty (30) days following the meeting 7.9 Notice. All notices to either party by the other party required under this Agreement shall be in writing and delivered to the addresses shown below A copy shall concurrently be provided to the Project Manager, provided on the Agreement Cover S heet, of the party receiving notice. Either party's point of contact may be modified without requiring an amendment to the contract. N CTCOG Mailing Address: Michael Morris, Transportation Director North Central Texas Council of Governments Transportation Department P.O. Box 5888 Arlington, Texas 76005 Telephone No.: (817) 695-9240 Facsimile No.: (817) 640-3028 PUBLIC SPONSOR Mailing Address: David Jodray, Transportation Manager Public Works Department City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 Telephone: (817) 392-8702 P hysical Address: Michael Morris, Transportation Director North Central Texas Council of Governments Transportation Department 616 Six Flags Drive Arlington, Texas 76005 P hysical Address: David Jodray, TransportationManager Public Works Department City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 Fax: (817) 392-8016 8. Design Standards/Certification. 8.1 Design Guidelines. SPONSOR agrees to design build, and maintain the INFRASTRUCTURE PROJECT in compliance with standards and procedures established by SPONSOR'S governing body. 8.2 Inspections. SPONSOR agrees to perform field inspections at appropriate intervals to be determined by SPONSOR to ensure project compliance with the standards and procedures established by SPONSOR'S governing body. Copies of such reports shall be provided to NCTCOG upon request. 8.3 Certification. As part of any reimbursement request, SPONSOR shall certify to NCTCOG/RTC that the project meets the standards and procedures established by SPONSOR'S governing body. 8.4 The SPONSOR shall ensure that all required documents of the INFRASTRUCTURE PROJECT including but not limited to insurance certificates, performance or payment bonds, and required licenses and permits of a SPONSOR or the SPONSOR'S subcontractors be kept on file, current, and available to the NCTCOG upon request. Additionally, any relevant performance documents pertaining to the INFRASTRUCTURE PROJECT, such as correspondence, evaluations, reports submitted by the subcontractor and/or the SPONSOR'S contract administration team, payment requests, and copies of invoices shall be provided to the NCTCOG upon request. 9. Accessibility and Maintenance of Records. 9.1 The SPONSOR shall maintain a record keeping system for all of its activities, including program records and financial management records, which support and document all expenditures of funds made under this Agreement, in accordance with federal regulations, state rules, and the Interlocal Cooperative Agreement This section shall not be interpreted to require maintenance of multiple exact duplicate copies of any record or document 9.2 All records must be maintained for a minimum of three (3) years after PROJECT closeout. In the event that any litigation or claim is still pending before the expiration of the three-year period these records shall be retained until resolution of the litigation or claim. NCTCOG and their duly authorized agents shall have access to all records that are directly applicable to this agreement for the purpose of making audit(s) examinations. 10. Audits or Evaluations 10.1 The SPONSOR shall provide NCTCOG, for its review, a copy of any audit received as a result of SPONSOR policy or audits of federal and state governments relating to the expenditure of grant funds. Such audits shall include or be accompanied by any applicable audit management letter issued and applicable responses to the auditor's findings and recommendations. All audits shall be submitted to NCTCOG within thirty (30) days of receipt of each issued report. 10.2 NCTCOG reserves the right to conduct financial and program monitoring of all awards to the SPONSOR and to perform an audit of all records, related to this Agreement. An audit by NCTCOG may encompass an examination of all financial transactions, all accounts and reports, as well as an evaluation of compliance with the terms and conditions of this Agreement. 11. Reports 11.1 The SPONSOR shall provide a list of Supporting Documentation for the INFRASTRUCTURE PROJECT and the LAND USE DEVELOPMENT to the NCTCOG Project Manager, prior to issuance of a Notice to Proceed which shall include: P roject Milestones S upporting Schedules S ite plan - Description of intent as to which building permit will be available for the LAND USE DEVELOPMENT at the end of the INFRASTRUCTURE PROJECT as part of the Reimbursement requirement Before condition photos and narrative report in a format provided by the NCTCOG Supporting Documents may be adjusted without amendments to this Agreement. The S PONSOR shall submit to the NCTCOG Project Manager for approval updates to S upporting Documentation of the INFRASTRUCTURE PROJECT. 11.2 At Milestones, provided as consistent with the reporting procedures of the Local Government SPONSOR, the SPONSOR shall provide to NCTCOG a written progress report as agreed upon. Each Progress Report shall briefly describe the work accomplished, problems arising, proposed remedies for those problems, products completed, the status of the schedule and budget for the project, and include photographs and a site map highlighting the area the work completed during the reporting period. The Progress Report shall be submitted within 30 days of a designated Milestone. 11.3 The SPONSOR shall provide a copy of building permit and the application for the permit to the NCTCOG within (2) two weeks of its availability. The permit will be reviewed for consistency to the Sustainable Development program rules. 11.4 Using a form prescribed by NCTCOG, the SPONSOR shall prepare a closeout report to document actual project costs and final program activities of the INFRASTRUCTURE PROJECT to NCTCOG. This report shall be provided to N CTCOG in the requested format no later than (60) sixty days of the SPONSORS project completion of the INFRASTRUCTURE PROJECT. 11.5 Using a form prescribed by NCTCOG, the SPONSOR shall prepare a status report to u pdate activities of the LAND USE DEVELOPMENT to NCTCOG. This report shall be provided to NCTCOG in the requested format no later than (60) sixty days of the S PONSORS project completion of the INFRASTRUCTURE PROJECT. 11.6 Using a form prescribed by the NCTCOG, the SPONSOR shall submit a status report of the INFRASTRUCTURE PROJECT five years after completion. 11.7 All reports prepared by the SPONSOR shall be submitted to the NCTCOG Project Manager or their designee. 12. Assurances. 12.1 Equal Employment Opportunity. The SPONSOR shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national o rigin. The SPONSOR shall take affirmative action's to ensure that applicants are e mployed and that employees are treated, during their employment, without regard to their race religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 12.2 Nondiscrimination on the Basis of Disability. The SPONSOR agrees that no otherwise qualified disabled person shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination u nder the project. The SPONSOR shall insure that all fixed facility construction or alteration and all new equipment included in the project comply with applicable regulations regarding Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, set forth in 49 CFR, Part 27 and any amendments thereto. 12.3 Interest of Public Officials. No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 12.4 Noncollusion. The SPONSOR warrants that it has not employed or retained any company or person other than a bona fide employee working for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. If the SPONSOR breaches or violates this warranty, NCTCOG shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission brokerage fee, gift, or contingent fee. 12.5 Gratuities. Any person doing business with or who, reasonably speaking, may do business with NCTCOG under this Agreement may not make any offer of benefits, gifts o r favors to employees of NCTCOG. Failure on the part of the SPONSOR to adhere to this policy may result in termination of this Agreement. 12.6 Debarment/Suspension. The SPONSOR is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs u nder Executive Order 12549, Debarment and Suspension The SPONSOR and its subcontractors shall include a statement of compliance with Federal and State Debarment and suspension regulations in all Third -party contracts. 12.7 Restrictions on Lobbying. Recipients of these funds are prohibited from using those monies for lobbying purposes. The SPONSOR shall include a statement of compliance with this provision in applicable procurement solicitations and Third -party contracts. 12.8 Disadvantaged Business Enterprise. The SPONSOR shall comply with S PONSOR'S policies and procedures regarding Minority and Women Business Enterprise (MWBE) participation in carrying out this Agreement. Upon request, S PONSOR shall report DBE participation. 12.9 Compliance with Regulations During the performance of this Agreement, the S PONSOR, for itself, its assignees, and successors agrees to comply with all applicable local, state and federal regulations. 12.10 Use of Materials. The NCTCOG shall reserve a royalty -free nonexclusive and irrevocable right to produce publish, or otherwise use, and to authorize others to use the work for government purposes. 12.11 Constitutional Prohibition. The SPONSOR shall not use Grant Funds for the acquisition, construction, reconstruction, rehabilitation, or operation of structures used for religious purposes. Appendices The following appendices are attached and made part of this Agreement. Appendix A Project Scope Appendix B Project Map IN WITNESS HEREOF, the parties have executed this Agreement in duplicate original at Arlington, Tarrant County, Texas, the5Th day of c A Q Q _I� , 20 t -_. NORTH _ ENTRAL TEXAS ¶UNCIL OF GOVERNMENTS R. Michael : astland Executive Director APPROVED AS TO FORM: General Counsel PUBLIC SECTOR SPONSOR ATTEST: Ir �� Marty Hendrix Assistant City Manager APPROVED AS TO FORM AND LEGALITY: fell(6L Assistant City Attorney eni,c - r Ati contract Author i z 1 �X-3.. ...�,.._�, ttitt ,20 0 0 0 „2,7 y •�;7 414-ci At! .�:: 1 CITY OF FORT WORTH: Fernando Costa Assistant City Manager APPROVAL RECOMMENDED: La-�� Doug144 W. Wiersig, P.E. 7 Director, Transportation & Public Works OFFICIAL WeCOititili CITY SECRETARY adoos ;oafoid V xipuaddy Appendix A SCOPE OF WORK AND PROJECT BUDGET The REGIONAL TRANSPORTATION COUNCIL (RTC) will pay $1,250,849 in RTC local to extend the U.S. 287 southbound frontage road to the BerryNaughn intersection to include a free right -turn lane onto westbound Berry Street, BerryNaughn intersection improvements, extend pedestrian improvements from the BerryNaughn intersection to the intersections of both Berry/U.S 287 northbound frontage road and Vaughn/U.S. 287 northbound frontage road and construct landscaping, safety lighting and traffic signals to support the project. The Project is located on Vaughn Blvd, Berry Street, and the frontage roads of U.S Highway 287. The project deliverables include design, right-of-way, utilities and the construction of landscaping, safety lighting, traffic signals, pedestrian improvements and street improvements to extend two lanes of the southbound frontage road of U.S. 287 to the intersection of Vaughn Blvd and Berry Street and include a free right -turn lane. ' In accordance with the allocation of funds approved by the RTC, and concurred with by the Texas Transportation Commission, the State will make the payments for the following work 30 days after recommendation from NCTCOG but not prior to the Fiscal Years shown:" Right -of -Way and Construction Costs Total Description Fiscal Year Estimate Cost RTC Local Local Participation Government Right of Way 2011 $50,000 80% $40,000 20% $10,000 Utilities 2011 $50,000 80% $40,000 20% $10,000 $80,000 20% $20,000 PS&E 2011 $100,000 80% Construction 2011 $1,363,561 80% $1,090,849 20% $272,712 TOTAL $1,563,561 $1,250,849 $312,712 The LOCAL GOVERNMENT shall be responsible for a required local match of $312,712. Upon completion of the PROJECT, the NCTCOG will issue a signed ' Notification of Completion" document to the STATE The notice shall certify that the PROJECT has been completed, all necessary inspections have been conducted, and the PROJECT is open to traffic. This is an estimate only; final participation amounts will be based on actual charges to the project. dew poefoad 9 xipueddy U.S. 287 BerryVaughn Nrte rsecton Improvements . • BERRY s 0 D Q BURTON Legend Renaissance Square Development Street Construction Pedestrian Amenities Traffic -Signals Map Produced on: 12/14/10 s 0 0.01 0.02 0.04 Miles North Central Texas Council of Governments Transportation Department SUSTAINABLE DEVELOPMENT TRANSPORTATION INFRASTRUCTURE PROJECT US 287 Berry Vaughn Project AGREEMENT COVER SHEET TYPE OF AGREEMENT. Implementation of the City of Fort Worth US 287 Berry Vaughn Sustainable Development Infrastructure Project. AGREEMENT PERIOD: signature date through closure AGREEMENT AMOUNT: $1,563,561 ($1,250,849 RTC Local Funds & $312,712 Local Match) North Central Texas Council of Governments 616 Six Flags Drive, Suite 200, Center Point Two P . O. Box 5888 Arlington, Texas 76011 P ublic Sector Sponsor P ublic Works Department 1000 Throckmorton Fort Worth, Texas 76102 Project Manager: Karla Weaver AICP Phone: 817-608-2376 Transportation Manager David Jodray (817) 392-8702 M&C - Council Agenda City • f rod Worth, Texas Page 1 of 3 Mayor and Council Communication COUNCIL ACTION: Approved on 10/26/2010 a Ord. No. 19417-10-2010 DATE: Tuesday, October 26, 2010 LOG NAME: 17US287 BERRY/VAUGHN 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 Berry/Vaughn 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) RECOMMENDATION: It is recommended that the City Council: REFERENCE NO.: C-24562 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 Berry/Vaughn 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 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 http://apps.efwnet.org/ecouncil/printmc.asp?id---14385&print true&DocType Print 06/14/201 1 M&C - Council Agenda Page 2 of 3 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 Berry/Vaughn 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. 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 $511,833.00 5) 0001 538070 0203002 $1, 762, 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 $1871627.00 http://apps.cfwnet.org/ecouncil/printmc.asp?id=14385&print=true&DocType=Print 06/14/2011 Page 3 of 3 M&C - Council Agenda ATTACHMENTS 1. 17US287 BERRY VAUGH AO.doc (Public) http://apps.cfwnet.org/ecouncil/printmc asp?id=14385&print=true&DocType=Print 06/14/2011