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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: 0WO�ET Jannette S. Goodall City Secretary .04�o�4nti� �a 0000b�� 00 ®�1. 47 oo�0 4oa 0 0 o v % a° Ay �a�ao X �: 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