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Home My WebLink AboutResolution 5820-10-2023 A Resolution NO. 5820-10-2023 A RESOLUTION AUTHORIZING EXECUTION OF AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $2,617,402.00, WITH FEDERAL PARTICIPATION IN THE AMOUNT OF $1,570,248.00, STATE PARTICIPATION IN THE AMOUNT OF $111,133.00 AND LOCAL PARTICIPATION IN THE APPROXIMATE AMOUNT OF $936,021.00, FOR ENGINEERING, ENVIRONMENTAL SERVICES AND CONSTRUCTION OF AV CATO ELEMENTARY SRTS PROJECT WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS,the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the rules and procedures for the Transportation Set-Aside Program (TASA) are established in 23 USC §133(h), and 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400— 11.418, and WHEREAS, City of Fort Worth prepared and submitted to the State or Metropolitan Planning Organization (MPO) a project seeking TASA funding for AV Cato Elementary SRTS to include new sidewalk and ADA ramps within a '/a-mile radius of AV Cato Elementary School; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 116292 awarding funding for TASA projects to the North Central Texas Council of Governments for distribution to local governments; and WHEREAS,the City of Fort Worth and Texas Department of Transportation have negotiated terms of an Advance Funding Agreement in the amount of$2,617,402.00,with federal participation in the amount of$1,570,248.00, state participation in the amount of$111,133.00 and local participation in the approximate amount of$936,021.00, for engineering, environmental services and construction of A V Cato Elementary SRTS project improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: The City Manager or their designee is hereby authorized to execute an Advance Funding Agreement with the Texas Department of Transportation (CSJ: 0902-90-294) in the amount of $2,617,402.00, with federal participation in the amount of $1,570,248.00, state participation in the amount of $111,133.00 and local participation in the approximate amount of $936,021.00, for engineering, environmental services and construction of AV Cato Elementary SRTS project improvements. All cost overruns will be the responsibility of the City of Fort Worth. Adopted this 171h day of October 2023. ATTEST: A .�asmxt By' --------- ---------------------- Janette S. Goodall, City Secretary pooh F0R��aa ,o Q*- � °°0000O a`y��° 0�d C�o °� ° O =d °oOOO000 * � �aaQ454tJ%S - nndtio�` k 3 VA Zro ve YY vo or" g av-60'." g WNS ,. ,. ,0 ry 14 lop 0015 Nall r. r rota � Projectfi 0 114 MILE SCHOOL BUFFER Location • 112 MILE SCHOOL 13UFFER EXISTING SIDEWALK HIW HIGH INJURY NETWORK PROPOSED SIDEWALK ELEMENTARY SCHOOL ATTENDENCEZONE PROPOSED BULBOUT EXISTING TRANSIT SCHOOL LOCATION • y �yS 3k- City of Fort Worth, Texas Mayor and Council Communication DATE: 10/17/23 M&C FILE NUMBER: M&C 23-0876 LOG NAME: 2023 A V CATO SRTS AFA SUBJECT (CD 2)Adopt Resolution Authorizing Execution of an Advance Funding Agreement with the Texas Department of Transportation in the Amount of $2,617,402.00,of Which$936,021.00 is City Participation for the A V Cato Elementary Safe Routes to School Project,Adopt Appropriation Ordinances and Amend the Fiscal Years 2024-2028 Capital Improvement Program(2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution authorizing execution of an Advance Funding Agreement(CSJ#0902-90-294)with the Texas Department of Transportation in the amount of$2,617,402.00 of which$936,021.00 is City participation for the A V Cato Elementary Safe Routes to School project(City Project No. 104799); 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Cap Projects Federal Fund, subject to receipt of the Grant, in the amount of$1,962,810.00,of which$1,570,248.00 is Federal funding and$392,562.00 is City funding, transferred from the 2022 Bond Program for the purpose of funding the A V Cato Elementary Safe Routes to School project(City Project No. 104799); 3. Adopt the attached appropriation ordinance adjusting appropriations in the 2022 Bond Program Fund by increasing estimated appropriations in the A V Cato Elementary Safe Routes to School project(City Project No. 104799)in the amount of$936,031.00 and decreasing appropriations in the Neighborhood/School Safety programmable project(City Project No. PB0007)by the same amount;and 4. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication(M&C)is to adopt a resolution authorizing execution of an Advance Funding Agreement (AFA)with the Texas Department of Transportation(TXDOT)in the amount of$2,617,402.00 of which Federal participation is in the amount of $1,570,248.00,State participation is in the amount of$111,133.00 and$936,021.00 is City participation for the A V Cato Elementary Safe Routes to School Project(City Project No. 104799). The scope of this project includes pedestrian facilities improvements including sidewalks and Americans with Disabilities Act(ADA)ramps in a 0.25 mile radius along A V Cato Elementary School to provide a safe walking route to school. The project will be locally let in late 2025.City will be responsible for securing the Federal funding required for construction of this project.City funds have been appropriated to this project for design,right-of-way,utilities and project management purposes.The City bears the responsibility to pay for cost overruns. The table below summarizes the AFA funding amounts: Federal State Local Total 34027-2022 $543,459.00 Bond Program $543,459.00 Fund 31001 -Grants $392,562.00 Cap Projects $1,570,248.00 $1,962,810.00 Federal Fund Unappropriated $111,133.00 State Costs $111,133.00 Total $111,133.00 $936,021.00 $1,570,248.00 $2,617,402.00 i i i i i i The following table summarizes the total Federal and City funding for the project: Existing Additional Transfer to Fund Funding Funding Grants for Project Total Match 34027- 2022 Bond $550,000.00 $386,021.00 ($392,562.00) $543,459.00 Program Fund 31001- Grants Cap Projects $0.00$1,570,248.00 $392,562.00 $1,962,810.00 Federal Fund Project $550,000.00 $1,956,269.00 $0.00 $2,506,269.00 Total Funding is budgeted in the 2022 Bond Program Fund for the purpose of funding the A V Cato SRTS project. This project is included in the 2022 Bond Program.The City's Extendable Commercial Paper(ECP)(M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold,debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). Funding for this project was not included in the Fiscal Years 2024-2028 Capital Improvement Program(CIP)because the project and funding sources were unknown at the time of its development.This action in this M&C will amend the Fiscal Years 2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023. Approval of recommendation 3 would adjust appropriations between a programmable project and convert the A V Cato Elementary Safe Routes to School Project(City Project No. 104799)into a static capital project.This action is needed as future funding for A V Cato Elementary Safe Routes to School Project(City Project No. 104799)is anticipated from other sources and the scope of this project differs from that of current programmable project. This project is located in COUNCIL DISTRICT 2. A Form 1295 is not required because: This contract will be with a governmental entity,state agency or public institution of higher education:Texas Department of Transportation FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances,funds will be available in the current capital budget,as appropriated, in the Grants Cap Projects Federal Fund and the 2022 Bond Program Fund. The Transportation and Public Works Department(and Financial Management Services)will be responsible for the collection and deposit of funds due to the City. Prior to any expenditure being incurred,the Transportation& Public Works Department has the responsibility to validate the availability of funds.This is reimbursement grant. Submitted for City Manager's Office bk William Johnson 5806 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 Expedited