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Home My WebLink AboutResolution 5920-03-2024A Resolution NO.5920-03-2024 A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO 1 TO AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO DECREASE THE TOTAL AMOUNT TO $841,153.00 WITH FEDERAL PARTICIPATION IN THE AMOUNT OF $513,663.00, STATE PARTICIPATION IN THE AMOUNT OF $35,028.00 AND CITY PARTICIPATION IN THE AMOUNT OF $292,462.00 PLUS ANY COST OVERRUNS FOR THE CONSTRUCTION OF INTERSECTION IMPROVEMENTS AT NORTH BEACH STREET AND WESTERN CENTER BOULEVARD. 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, 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 Texas Transportation Commission passed Minute Order Number 116073 and 116292 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as intersection improvements at the intersection of Beach Street and Western Center Boulevard in Fort Worth, Texas WHEREAS, the City of Fort Worth and Texas Department of Transportation entered into an Advance Funding Agreement (City Secretary No. 60493; CSJ 0902-90-214) for the N. Beach Street at Western Center Boulevard Highway Safety Improvement Project; and WHEREAS, the City and the State have negotiated terms of an amendment to the Advance Funding Agreement for increased federal construction costs in the amount of $51,366.00 and reduced City construction participation costs by the amount of $51,366.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, THAT: The City Manager or their designee is hereby authorized to execute Amendment No. 1 to the Advance Funding Agreement with the Texas Department of Transportation (City Secretary No. 60493; CS7: 0902-90-214) in the amount of $841,153.00, with federal participation in the amount of$513,663.00, state participation in the amount of $35,028.00 and city participation in the estimated amount of $292,462.00 plus any cost overruns for construction of intersection improvements at North Beach Street and Western Center Boulevard. Adopted this 26'h day ofMarch2024. ATTEST: A.o" e- �,n�i o OXr lannette S. Goodall v o o a��a r City Secretary 0 a� o0 60 r d ash 0000� o,,o c MAYOR AND COUNCIL COMMUNICATION MAP Intersection Improvements at North Beach Street and Western Center Boulevard Project Number 104038 Home Depot 4 0 FOSSIL PARK ® Z M IV Blvd A'r' dia Tra&Park Basswood Blvd Highs SUMMERFIELDS Westlake Ace Hardware Basswood Blvd Project Location Kroger STERLING CREEK Walgreens Photo t y westem Cert Albertsons® 5TONEGLEN v; d . The Coif Ciub Fossil Creek ti FAIRWAY BEND j Po a Fossil Creek Bwd IV Fosslti clef wr Y SpringHlll Suites �p by Marriott Fort Worth._ Home2 Suites by Hilton �I Fort Worth Fossil Creek Melody Hills' 0 Haltom High Go gle BASSWOOD PARK d fy /E. G watauc , II NorthEast r"il �ron Ho►5- I I Glenrlew Dr Copyright 2014 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. The City of Fort Worth assumes no responsibility for the accuracy of said data. City of Fort Worth, Texas Mayor and Council Communication DATE: 03/26/24 M&C FILE NUMBER: M&C 24-0243 LOG NAME: 2011VT IMPROV N. BEACH STAVESTERN CENTER BLVD -AFA-AMEND 1 SUBJECT (CD 4) Adopt a Resolution Authorizing Execution of Amendment #1 to an Advance Funding Agreement with the Texas Department of Transportation in the Amount of $841,153.00 with Federal Participation in the Amount of $513,663.00, State Participation in the Amount of $35,028.00 and Local Participation in the Amount of $292,462.00 for the Intersection Improvements at North Beach Street and Western Center Boulevard Project RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution authorizing execution of Amendment No. 1 to an Advance Funding Agreement (City Secretary No. 60493; CSJ: 0902-90-214) with the Texas'Department of Transportation in the amount of $841,153.00 with Federal participation in the amount of $513,663.00, State participation in the amount of $35,028.00 and Local participation in the amount of $292,462.00 plus any cost overruns for the intersection improvements at North Beach Street and Western Center Boulevard project (City Project No. 104038); 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Capital Project Other Fund, subject to the receipt of the grant, in the amount of $35,028.00, all of which is non -spendable Transportation Development Credits for the purpose of funding the intersection improvements at North Beach Street and Western Center Boulevard project (City Project No. 104038); and 3. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: On October 17, 2023, Mayor and Council Communication (M&C) 23-0879 authorized execution of an Advanced Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) (CSC No. 60493; CSJ #0902-90-214) for the Intersection Improvements at North Beach Street and Western Center Blvd. project in the total amount of $842,143.00 with Local participation in the approximate amount of $343,828.00. After execution of the AFA, TxDOT provided notice that this project was approved for 100% Federal funding for construction, thereby decreasing Local cash participation for construction by $51,366.00 by using Transportation Development Credits (TDCs). This Amendment No.-1 reduces the City of Fort Worth's cash funding responsibility for the project by this amount and lowers the total amount of the AFA to 841,153.00. The local participation funding savings will be used for project management, engineering, design services including Flight -of -Way, and surrey. Approval of recommendation No. 2 will allow for the adoption of a non -spendable appropriation ordinance in the Grants Capital Project Other Fund for the purpose of tracking the City's usage of TDCs. The project scope includes rebuilding the eastbound and westbound traffic signals, adding a separate right turn lane for westbound traffic, and pedestrian improvements to comply with Americans with Disabilities Act (ADA) regulations. This project will be let by TxDOT in June 2024. The State is responsible for all construction activities within the scope of this project. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the project. As this intersection is off system, the AFA requires that the City of Fort Worth be responsible for cost overruns. At the end of the project, the asset will remain with the City of Fort Worth. The following table displays what the revised Federal, State and Local participation amounts will be after approval of Amendment No. 1. Description Total Estimated Cost Federal Participation State Participation Local Participation % Cost % Cost % CiostiTDC Engineering (by LG) $221,268.00 0% $0.00 0% $0.00 100% $221,268.00 Environmental (by LG) $26,542.00 0% $0.00 0% $0.00 100% $26,542.00 Utilities (by LG) $1.00 0% $0.00 0% $0.00 $1.00 ROW (by LG) $1.00 0% $0.00 0% $0.00 $1.00 Construction (by ST) $513,663.00 100% $513,663.00 0% $0,00 0% $51,366.00 Subtotal $761,475.00 $513,663.00 $0.00 $247,812.00 Environmental Direct State Costs $1,327.00 0% $0.00 0% $0.00 100% $1,327.00 ROW Direct State Costs $1.00 0% $0.00 0% $0.00 100% $1.00 Engineering Direct State Costs $11,063.00 0% $0.00 0% $0.00 100% $11,063.00 Utility Direct State Costs $1.00 0% $0.00 0% $0.00 100% $1.00 Construction Direct State Costs $32,258,00 0% $0.00 0% $0.00 100% $32,258.00 Indirect State Costs $35,028.00 0% $0.00 100% $35,028.00 0% $0.00 Total $841,163.00 $513,663.00 $35,028.00 $292,462.00 The following table displays the appropriation history for the project: Fund Existing Funding Additional Funding Project Total Notes 34027-2022 Bond Program Fund $412,000.00 $0.00 $412,000.00 31001 - Grants Cap Projects Federal Fund $513,663.00 $0.00 $513,663.00 31003 - Grants Capital Project Other Fund $0.00 $35,028.00 $35,028.00 Non -spendable - TDCs Project Total $925,663.00 $35,028.00 $960,691.00 The appropriation for non -spendable TDCs was not included in the Fiscal Years (FY) 2024-2028 Capital Improvement Program because the use of TDCs was not authorized at the time of the development of the Capital Improvement Program. The action in this M&C will amend the FY2024- 2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023. Business Equity: TxDOT has set a DBE goal for this project. Approval of this amendment will not affect the DBE goal. This project is located in COUNCIL DISTRICT 4. 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 1 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 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 expenditures being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. This is a State Advance Funding Agreement. Submitted for Gily Mana ees Office b : Jesica McEachem 5804 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662