HomeMy WebLinkAboutResolution 5919-03-2024A Resolution
NO. 5919-03-2024
A RESOLUTION AUTHORIZING AN ADVANCE FUNDING AGREEMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE
AMOUNT OF $3,131,127.00, OF WHICH FEDERAL PARTICIPATION IS
$2,000,000.00, STATE PARTICIPATION IS $131,416.00 AND CITY OF FORT
WORTH PARTICIPATION IS $999,711.00 PLUS ANY COST OVERRUNS
FOR CONSTRUCTION OF SAFETY AND OPERATIONAL IMPROVEMENTS
AT OAKLAND & MILLER SAFTE STREETS PROJECT (CITY PROJECT NO.
104803).
WHEREAS, federal law establishes federally funded programs for transportation
improvements to implement its public purpose; and
WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State
shall design, construct and operate a system of highways and roads in cooperation with local
governments, and Section 222.052 authorizes the Texas Department of Transportation
Commission to accept contributions from political subdivisions for development and
construction of public roads within political subdivisions; and
WHEREAS, aMaster Agreement between the City of Fort Worth ("Focal Government")
and the State of Texas acting through the Texas Department of Transportation ("State") has
been adopted and states the general terms and conditions for transportation projects developed
through this Advance Funding Agreement (AFA); and
WHEREAS, Federal law, 23 USC §134 and 49 USC §5303, requires that State and
Metropolitan Planning Organizations (MPOs) develop transportation plans and programs for
urbanized areas of Texas; 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 Alternatives 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, the Local Government prepared and submitted to the State or Metropolitan
Planning Organization (MPO) aproject nomination package for TASA funding consideration,
which is briefly described as Oakland -Miller Safe Streets (Project); and
WHEREAS, the Texas Transportation Commission (Commission) passed Minute Order
Number 116522 (MO) dated August 16, 2023 awarding funding for TASA projects in the TASA
Program Call of the State, including Project;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, THAT:
The City Manager, or their designee, is authorized to execute an Advance Funding
Agreement with the Texas Department of Transportation in the total estimated amount of
$3,131,127.00 with federal participation in the amount of
$2,000,000.00, state participation in the amount $131,416.00 and city participation in the
estimated amount of $999,711.00 plus any cost overruns for construction of safety and
operational improvements at Oakland & Miller Safe Streets Project (City Project No. 104803).
Adopted this 261h day of March 2024.
ATTEST:
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Jannette S. Goodall
City Secretary
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Mayor & Council Map f CPN 104803
Bike Lane Improvements
Oakland & Miller Safe Street Project
FORT WORTH,,
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/26/24 M&C FILE NUMBER: M&C 24-0241
LOG NAME: 20AFA WITH TXDOT FOR OAKLAND & MILLER SAFE STREETS PROJECT
SUBJECT
(CD 5 and CD 11) Adopt Resolution Authorizing Execution of an Advance Funding Agreement with the Texas Department of Transportation in the
Amount of $3,131,127.00, with Federal Participation in the Amount of $2,000,000.00, State Participation in the Amount of $131,416.00, and Local
Participation in the Amount of $999,711.00 Plus any Cost Overruns for the Safety and Operational Improvements at Oakland & Miller Safe Streets
Project, Adopt Appropriation Ordinance and Amend the Fiscal Years 2024-2028 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution authorizing execution of an Advance Funding Agreement with the Texas Department of Transportation in the
Amount of $3,131,127.00, of which $2,000,000.00 is Federal participation, $131,416.00 is State participation, and $999,711.00 plus any
cost overruns is the required City of Fort Worth participation for the Safety and Operational Improvements at Oakland & Miller Safe Streets
project (City Project No, 104803);
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Cap Projects Federal Fund,
subject to receipt of the grant, in the amount of $2,500,000.00, of which $2,000,000.00 is Federal funding and $500,000.00 is City funding,
transferred from the 2022 Bond Program Fund, for the safety and operational improvements at the Oakland & Miller Safe Streets project
(City Project No. 104803);
3. Adopt the attached appropriation ordinance adjusting appropriations in the 2022 Bond Program Fund in the amount of $1,000,000.00 by
increasing appropriations in the Oakland & Miller Safe Streets project (City Project No. 104803) and decreasing appropriations in the
Bicycle Facilities programmable project (City Project No. P90021) by the same amount; and
4. Amend the Fiscal Year 2024-2028 Capital Improvement Program.
DISCUSSION:
The Texas Transportation Commission (Commission) passed Minute Order (MO) Number 116522 dated August 16, 2023, awarding funding for
Transportation Altemative Set -Aside (fASA) projects in the TASA Program Call of the State, including the Safety and Operational Improvements at
the Oakland & Miller Safe Streets project.
This scope of the project includes protected bike lanes, enhanced pavement markings, pedestrian hybrid beacons (PNB) signals, signal
modifications for protected intersection and bike signals, curb ramp replacements, and street lighting improvements. The project aims to improve
safety by increasing visibility and separation for bicyclists and pedestrians and encouraging equitable mobility facilities.
This project has federal funding for construction improvements. The project is scheduled for construction in the fall of 2026. The City of Fort Worth
is responsible for funding engineering, right-of-way (ROW) acquisition, environmental studies, utility relocations, project management services for
this project, and a minimum of twenty percent of the construction cost.
The City of Fort Worth projected let date is November 2025. The funding appropriated by this Mayor & Council Communication (M&C) will be
used for design, right-of-way acquisition, utilities, and project management of the project. The Advance Funding Agreement (AFA) will require Fort
Worth to fund cost overruns. At the end of the project, the asset will remain with the City of Fort Worth.
The table below summarizes the AFA fUnding amounts:
Total AFA Funding Amounts for the Safety and Operational Improvements at Oakland &
Miller Safe Streets project (City Project No. 104803)
Fund
Federal
State
Local
Total
34027 —2022 Bond
Program Fund
$ 999,711.00
$ 999,711.00
Unappropriated State
Costs
$ 131,416.00
$ 131,416.00
1001— Grants Cap $ 2,000,000.0
roject Federal Fund —
ederal Participation
$ 2,000,000
$ 2,000,000.001 $ 131,416.001 $ 999,711.001 $ 3,131,127.
The following table summarizes the available funding for the project:
Fund
Existing Funding
Additional Funding
Project Total
34027-2022 Bond
Fund
$1,000,00.00
$1,000,000.00
31001 —Grants Cap
Projects Federal Fund
$2,500,000.00
$2,500,000.00
Total
$1,000,000.00
$2,500,000.00
$3,500,000.00
Funding is budgeted in the Transportation Public Works (TPW) Department Highway & Streets Departments 2022 Bond Program Fund to fund
the Oakland & Miller Safe Streets Bike Improvement project, as appropriated. Approval of recommendation 3 will disconnect this project from the
existing programmable funding in the project and turn it into a static 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 make interim progress payments until the 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 the grant portion of the project was not included in the Fiscal Years 2024-2028 Capital Improvement Program because grant funding is
appropriated at the time of the grant award. The action in the M&C will amend the Fiscal Years 2024-2028 Capital Improvement Program as
approved in connection with Ordinance 26453-09-2023.
The project is located in COUNCIL DISTRICTS 5 & 11.
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 ordinance, 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 and Public Works Department has the responsibility to validate the
availability of funds. This is a State Advance Funding Agreement/reimbursement grant.
Submitted for City Manager's Office by. Jesica McEachem 5804
Originating Business Unit Head; Lauren Prieur 6035
Additional_ Information Contact: Monty Hall 8662