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Home My WebLink AboutContract 43934 (2)1 r.) 1 0 0 STATE OF TEXAS COUNTY OF TRAVIS �u. 1SECRETARY CONTRACTr�roa 3Q3L CSJ #1068-05-009, 0008-03-105 District # 02 — Fort Worth Code Chart 64 #15000 Project: 1 H-30, Walsh Ranch Parkway Federal Highway Administration CFDA #20.205 Not Research and Development LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING ACRIEIEMF.NT For An Interstate Maintenance Project (On 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, called the "State", and the City of Fort Worth, acting by and through its duly authorized officials, called the "Local Government." WITN ESS ETH 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 Number 112663 and 112237 that provides for the development of, and funding for, the Project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated Srp rL—Aar (tr. , 20 I t, which is attached to and made a part of this agreement as Attachment A for the development of the Project. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. AFA-LPAFA ShortGen.doc Page 1 of 8 OFFICIAL RECORD CITY SECRETAR7 FT. WORTH, TX 4 Revised 05/06/2011 CSJ #1068-05-009, 0008-03-105 District # 02 — Fort Worth Code Chart 64 #15000 Project: IH-30, Walsh Ranch Parkway Federal Highway Administration CFDA #20.205 Not Research and Development 4. Scope of Work The scope of work for this LPAFA is described as the construction of a new interchange at Walsh Ranch Parkway and Interstate 30 (IH30) consisting of 3 bridge structures, four ramps and associated frontage road reconstruction signals, signing, grading, and drainage structures. 5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception. 6. Utilities Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement, without exception. 7 Environmental Assessment and Mitigation Environmental assessment and mitigation will be carried out as stated in the Master Agreement. Additionally, before the advertisement for bids the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Compliance with Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government as stated in the Master Agreement. The Local Government is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The State may review and comment on the work as required to accomplish the public purposes of the State. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities Construction responsibilities will be carried out by the State as stated in the Master Agreement. 11. Project Maintenance Project maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including AFA-LPAFA—ShortGen.doc Page 2 of 8 Revised 05/06/2011 CSJ #1068-05-009, 0008-03-105 District # 02 — Fort Worth Code Chart 64 #15000 Project. IH-30 Walsh Ranch Parkway Federal Highway Administration CFDA #20.205 Not Research and Development federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. B If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C. Attachment C shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document. D. The Local Government is responsible for all non-federal and non -state funding, including any project cost overruns, unless otherwise provided for in this agreement or through amendment of this agreement. E Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. F. In the event that the State determines that additional funding by the Local Government is required at any time during the Project the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification G. 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 with approval by appropriate personnel of the Local Government. H. 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 AFA-LPAFA ShortGen.doc Page 3 of 8 Revised 05/06/2011 CSJ #1068-05-009, 0008-03-105 District # 02 — Fort Worth Code Chart 64 #15000 Project: IH-30 Walsh Ranch Parkway Federal Highway Administration CFDA #20 205 Not Research and Development 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. I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this 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. Any 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. J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. K. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 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 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 Government 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. 14. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless such Master Agreement provision is specifically excepted in this agreement. 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. AFA-LPAFA_ShortGen.doc Page 4 of 8 Revised 05/06/2011 CSJ #1068-05-009, 0008-03-105 District # 02 — Fort Worth Code Chart 64 #15000 Project: IH-30, Walsh Ranch Parkway Federal Highway Administration CFDA #20.205 Not Research and Development 16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension " By executing this Agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable reasonable, and allocable to the Project. 18. Notices All notices to either party by the other under this agreement shall be delivered personally or sent by certified or U.S. mail postage prepaid, addressed to such party at the following addresses: Local Government: Assistant City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 State: Director of Contract Services Texas Department of Transportation 125E 11 h Street Austin, Texas 78701 All notices shall be deemed given on the date delivered or deposited in the mail Either party may change the above address by sending written notice of the change to the other party Either party may request in writing that notices shall be delivered personally or by certified U.S. mail and the request shall be carried out by the other party. 19. Civil Rights Compliance The Local Government shall comply with the regulations of the U.S. Department of Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity,' as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26 B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. AFA-LPAFA_ShortGen.doc Page 5 of 8 Revised 05/06/2011 CSJ #1068-05-009, 0008-03-105 District # 02 — Fort Worth Code Chart 64 #15000 Project. IH-30 Walsh Ranch Parkway Federal Highway Administration CFDA #20.205 Not Research and Development C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision -making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http.//txdot.gov/business/business outreach/mou.htm. E The Local Government shall not discnminate on the basis of race, color, national origin, or sex in the award and performance of any U S. Department of Transportation (DOT) -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq ). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient or sub -recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: http://edocket.access.gpo gov/2010/pdf/2010-22705.pdf and http.//edocket.access.qpo.qov/2010/pdf/2010-22706.pdf. B For sub -awards greater than $25,000, the Local Government, as a recipient of federal funding, agrees that it shall: 1. Obtain and provide to the State and the Federal government, a Central Contracting Registry (CCR) number with the Federal government (Federal Acquisition Regulation, Part 4, Sub -part 4.1100) The CCR number may be obtained by visiting the CCR website whose address is https://www.bpn aov/ccr/default.aspx; 2. Obtain and provide to the State and the Federal government, a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be AFA-LPAFA_ShortGen.doc Page 6 of 8 Revised 05/06/2011 CSJ #1068-05-009, 0008-03-105 District # 02 — Fort Worth Code Chart 64 #15000 Project IH-30 Walsh Ranch Parkway Federal Highway Administration CFDA #20 205 Not Research and Development requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top executives to the State and Federal government if: i More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000 annually; and ii. Compensation information is not already available through reporting to the U.S. Securities and Exchange Commission (SEC). 22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. B If threshold expenditures of $500,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http.//www.txdot qov/contact us/audit.htm. C. If expenditures are less than $500,000 during the Local Government s fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for F" ." D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above The required annual filing shall extend throughout the life of the agreement unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA-LPAFA ShortGen.doc Page 7 of 8 Revised 05/06/2011 CSJ 1/1068-05-009, 0008-03-105 District # 02 — Fort Worth Code Chart 64 #15000 Project: IH-30, Walsh Ranch Parkway Federal Highway Administration CFDA #20 205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Iitnestal. Signature Fernando Costa Typed or Printed Name Assistant City Manager Title i/z 7/12 Date THE STATE OF TEXAS Qad)t?./ciThs ar.tote ice Mullenix erector of Contract Services Texas Department of Transportation rifiegefv23. 20/a Date Moat APPCAVE ct) CITY ATTORNEY (-- 1 7 it LT by0 Gre 02,* 0 aQ'No°°°° gift 0° 0 ,O TO FOAM AND LE GALI. OFFIUAL RECORD CITY SECRETARY ,tw0RTh1Th AFA-LPAFA ShortGen.doc Page 8 of 8 Revised 05/ 06/201 1 CSJ #1068-05-009, 0008-03-105 District # 02 — Fort Worth Code Chart 64 #15000 Project IH-30 Walsh Ranch Parkway Federal Highway Administration CFDA #20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment A Resolution NO. 4136-09-2012 A RESOLUTION AUTHORIZING EXECUTION OF A LOCAL PROJECT ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN AN AMOUNT NOT TO EXCEED $12,654,000.00 TO CONSTRUCT THE WALSH RANCH PARKWAY INTERCHANGE AT IH-30 WHEREAS, the proposed Walsh Ranch Parkway Interchange at IH-30 will serve as the gateway to the proposed 7,207 acre master planned development and provides significant operational and safety enhancements to the traveling public with the elimination of the two-way frontage road system; and WHEREAS, the City Council approved Resolution 3679-11-2008, voicing their unanimous support for funding construction of the Walsh Ranch Parkway interchange at IH-30; and WHEREAS, a Master Funding Agreement between the City of Fort Worth and the Texas Department of Transportation ("State') has been adopted and states the general terms and conditions for transportation projects developed through a Local Project Advanced Funding Agreement (LPAFA); and WHEREAS, the City of Fort Worth desires to enter into a Local Project Advance Funding Agreement with the Texas Department of Transportation for construction of the Walsh Ranch Parkway Interchange at IH-30 (CSJ: 1068-05-009 & 0008-03-105). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: The City Manager or his designee is authorized to execute a Local Project Advance Funding Agreement with the Texas Department of Transportation in an amount of $12,654,000.00 for the construction of the Walsh Ranch Parkway Interchange at IH-30. Adopted this 25`h day of September, 2012. Attest: By: 11 (. 2 Mary J. Kayse , ty Secretary pia* ou msc -p'Q'C1:4-an aa� F�A�a .Cy po°o°dr % 0 CSJ #1068-05-009, 0008-03-105 District # 02 — Fort Worth Code Chart 64 #15000 Project IH-30 Walsh Ranch Parkway Federal Highway Administration CFDA #20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP AFA-LPAFA ShortGen.doc Page 1 of 1 Attachment B MAYOR AND COUNCIL COMMUNICATION MAP 20 WALSH RANCH BRIDGE OLD WEATH WALSH RANCH MINOR#4 (FUTURF MINOR Itsri= WALSH RANCH PARKWAY BRIDGE OVER IH30 FORD Hh4 PER JHAPIN Copyright 2011 City of Fort Worth. U nauthor¢ed reproduction is a violation of a ppicable laws. This product is for informational purposes and may not have been prepared for or be su itable for leg all engineering, or surveying purposes. It does not represent an on -the -ground surve y and represents only the approximate relative location of prope rty boundaries. The City of Fort Worth assumes no responsibiity for the accuracy of said data. • LOOF I Benbrook Lake 0 1500 3000 i f Htf L*L1, 1 6000 rt CSJ #1068-05-009, 0008-03-105 District # 02 — Fort Worth Code Chart 64 #15000 Project. IH-30 Walsh Ranch Parkway Federal Highway Administration CFDA #20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS The maximum amount for the Construction cost (federal funding included) is $12,654,000. The Local Government is responsible for 100% of the construction costs over the maximum amount. Engineering and contingencies (E&C) are included in the construction costs. Construction engineering services for plan revision during the construction phase will be the responsibility of the Local Government. The Local Government will provide the plans at no cost to the State. The State has estimated the project costs to be as follows: Description Engineering & Environmental (by Local Government) Right of Way (by Local Government) Utilities (by Local Government) Construction (by State) Subtotal Engineering & Environmental `Direct State Costs (5%) Right of Way Direct State Costs (5%) Utility Direct State Costs (5%) Construction Direct State Costs (12.17%) Indirect State Costs (6.67%) TOTAL I Total Federal State Participation Estimated - Participation = Cost (_ l% Cost: •% Cast 0% $0 0% $0 $1,850,000 $430,900 $535,000 $12,654,000 $15,469,9001 $92,5001 $21,545J $26,750 $1,539,9921 $1,031,8421 $18,182,529l 0% 0% $0 $0 90% $11,388,600 $11,388,6001 0% $0 0% 0% $0 $0 90% $1,385,993 0% $0 $12,774,593 0% $0 0% $0 10% $1,265,400 $1,265,400 $92,500 100%) 100%I $26,750 10% $153,999 $21,545 100% $1,031,842 I$2,592,036 Local - Participation ak 'Cost 100% $1,850,000 100% 100% 0% $430,900 $535,000 $0 $2,815,900 0% $0 0% $0 0% $0 0% $0 0% $0 $2,815,900 Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State before construction. $0 Estimated total payment by the Local Government to the State $0 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment C M&C Review a ITY OUNCIL GENDA COUNCIL ACTION: Approved on 9/25/2012 Page 1 of 2 Official site of the City of Fort Worth, Texas FORT WORTH Resolution No. 4136-09-2012 DATE 9/25/2012 REFERENCE NO.: CODER C SUBJECT: TYPE C-25879 NON - CONSENT LOG NAME• PUBLIC HEARING: 06WALSH RANCH 1-30 INTERCHANGE NO Adopt Resolution Authorizing Execution of a Local Project Advanced Funding Agreement with the Texas Department of Transportation and a Funding Agreement with Walsh Ranches L.P., in the Amount of $12,654,000.00 for Construction of the Walsh Ranch Parkway Interchange at Interstate Highway 30 at a Total Estimated Cost of $13,913,187.00 (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution authorizing the execution of a Local Project Advanced Funding Agreement with the Texas Department of Transportation in the amount of $12,654,000.00 for Construction of the Walsh Ranch Parkway Interchange at Interstate Highway 30 at a total estimated cost of $13,913,187.00 and 2 Authorize the City Manager to execute a Funding Agreement with Walsh Ranches, L.P. for the purpose of reimbursement for costs in excess of the funding Agreement with Texas Department of Transportation DISCUSSION: The purpose of this Mayor and Council Communication is to seek authorization to enter into two Agreements for construction and cost reimbursement for the Walsh Ranch Parkway Interchange at IH-30 in west Fort Worth (WRP Interchange) On May 6, 2003, the City entered into an economic development Agreement (M&C C-20876, City Secretary No. 28585) with Walsh Ranches, L P. Since that time and in accordance with the terms of that Agreement, both the City and Walsh Ranches L.P. have made significant infrastructure improvements related to the development of the Walsh Ranch as a master planned community. An exhibit of the proposed Walsh Ranch development is attached for reference. On November 11, 2008, (M&C G-16351) the City Council approved Resolution 3679-11-2008, seeking funding support for the construction of the WRP Interchange from our regional transportation partners While serving as the gateway to the development, the interchange and the associated ramps will also provide significant operational and safety enhancements to the traveling public with the elimination of the two-way frontage road system. Staff has worked closely with the Texas Department of Transportation and the North Central Texas Council of Governments to collectively identify the amount of $12,654,000 00 in state and federal funds to design and construct this TxDOT-let project However, there is an anticipated construction cost in the amount of $13,913,187.00, leaving a funding shortfall in the amount of $1,259,187.00 which is the responsibility of the City under the terms of the LPAFA. The City has negotiated a Funding Agreement with Walsh Ranches, L P., for it to reimburse the City for all costs the City incurs related to the construction of the Project, including the funding shortfall. The project is scheduled to commence in January of 2013 and is located in COUNCIL DISTRICT 3. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17471 &councildate=9/25/2012 9/25/2012 I M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manaaer's Office bv: Fernando Costa (6122) Oriainatina Department Head: Randle Harwood (6101) Additional Information Contact: Bryan Beck (7909) ATTACHMENTS WR LPAFA Resolution(Revised9 18 12).doc WRP 1-30 Cad Walsh Ranch Parkway.odf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17471 &councildate=9/25/2012 9/25/2012 II III MAYOR AND COUNCIL COMMUNICATION MAP 20 WALSH RANCH BRIDGE WALSH RANCH PARKWAY BRIDGE OVER IHMO TH FORD tt!. Copyright 2011 City of Fort Worth. U nauthorleed repmduction is a violtion of a pplcabm Mwa This product Is for informational purposes and may n of have been prepared for or be or table for legal, engheering, or surveying purposes. it doss not represent an on -the -ground tune yand represents only the approximate relative locatbn of property boundaries. The Cty of For Worth assumes no reapondbilty for the accuracy of said data. o Ira LOOF Nt' 1 0 1500 3000 6000 Ft