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HomeMy WebLinkAboutResolution 5928-04-2024 (2)A Resolution NO.5928-04-2024 A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO INCREASE THE TOTAL PROJECT AMOUNT TO $664,120.00 WITH FEDERAL PARTICIPATION IN THE AMOUNT $428,701.00, STATE PARTICIPATION IN THE AMOUNT OF $27,319.00, AND LOCAL PATRICIPATION IN THE AMOUNT OF $208,100.00 FOR ENGINEERING, ENVIRONMENTAL SERVICES AND CONSTRUCTION OF SOUTH HULEN STREET AT OAKMONT BOULEVARD HIGHWAY SAFETY IMPROVEMENT 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 Texas Transportation Commission passed Minute Order Numbers 116522 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as rehabilitate traffic signal, improve traffic signals and add left turn lane; and WHEREAS, the City of Fort Worth identified the need to improve traffic signals and construct an additional northbound left turn lane at the South Hulen Street at Oakmont Boulevard intersection; and WHEREAS, the City of Fort Worth and Texas Department of Transportation entered into an Advance Funding Agreement (City Secretary No. 60426; CSJ 0902-90-212) for the South Hulen Street at Oakmont Boulevard Highway Safety Improvement Project; and WHEREAS, the amendment to the Advance Funding Agreement reflects increased federal participation in the amount of $428,701.00, increased state participation in the amount of $3,958.00, and reduced City of Fort Worth participation to the amount of $42,870.00. 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 Amendment No. 1 to the Advance Funding Agreement with the Texas Department of Transportation (City Secretary No. 60426; CSJ: 0902-90-212) in the amount of $664,120.00, with federal participation in the amount of $428,701.00, state participation in the amount of $27,319.00, and Iocal participation in the amount of $208,100.00 for engineering, environmental services and construction of South Hulen Street at Oakmont Boulevard highway safety improvements project. All cost overruns will be the responsibility of the City of Fort Worth. Adopted this 9" day of April 2024. ATTEST: By: Janette Goodall, City Secretary Mayor &Council Map I Hulen St &Oakmont Blvd FORTWORTHw Transportation &Public Works I CPN 104039 (CD #6) 4~'° d f MF 0 x 14 LS.I R. inity Map i A■■■■■■ Project Extent ,r ."" Major & Minor Streets Property Boundaries ' 0 Fort Worth City Limits Al Data Source: CFW GIS, NearMap 2022 1 Map generated August 2023 ,�r. Amy LaMar. TPW Business Support Services { o aao 320 bao 1•%. Feet City of Fort Worth, Texas Mayor and Council Communication DATE: 04/09/24 M&C FILE NUMBER: M&C 24-0278 LOG NAME: 20S HULEN ST AND OAKMONT BLVD AFA AMENDMENT # 1 SUBJECT (CD 6) Adopt a Resolution Authorizing Execution of Amendment #1 to an Advance Funding Agreement with the Texas Department of Transportation in the Amount of $664,120.00 with Federal Participation in the Amount of $428,701.00, State Participation in the Amount of $27,319.00 and Local Participation in the Amount of $208,100.00 for the South Hulen Street and Oakmont Boulevard Highway Safety Improvement 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 Amendment #1 to an Advance Funding Agreement (CSC No. 60426, CSJ# 0902- 90-212) with the Texas Department of Transportation in the amount of $664,120.00 with Federal participation in the amount of $428,701.00, State participation in the amount of $27,319.00 and Local participation in the amount of $208,100.00 for the South Hulen Street and Oakmont Boulevard Highway Safety Improvement project (City Project No. 104039); 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 $42,870.00, all of which is non -spendable Transportation Development Credits for the purpose of funding South Hulen Street and Oakmont Boulevard Highway Safety Improvement project (City Project No.104039); and 3. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: On October 17, 2023, Mayor and Council Communication (M&C) 23-0888 authorized execution of an Advanced Funding Agreement (AFA) with the Texas Department of Transportation (TxDot) for the South Hulen Street and Oakmont Boulevard Highway Safety Improvement project in the amount of $660,162.00 with Local participation in the approximate amount of $250,970.00. 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 $42,870.00 by using Transportation Development Credits (TDCs). This Amendment # 1 reduces the City of Fort Worth's cash funding responsibility for the project by this amount and reflects increased Federal and State participation by the respective amounts of $428,701.00 and $3,958.00. The local participation funding savings will be used for project management, engineering, design services including Right -of -Way, and survey. Approval of recommendation 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 scope of this project includes improving traffic signals and constructing an additional northbound left turn lane at the intersection of South Hulen Street and Oakmont Boulevard. This project will be let by TxDOT in August 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 % Cost[TDC Environmental (by LG) $20,060.00 0% $0.00 0% $0.00 100% $20,060.00 Engineering (by LG) $145,139.00 0% $0.00 0% $0.00 100% $145,139.00 Construction (by LG) $428,701.00 100% $428,701.00 0% $0.00 0% $42,870.00 r, Subtotal $593,900.00 ` $428,701.00 $0.00 $165,199.00 Environmental Direct State Costs $1,003.00 0% $0.00 0% $0.00 100% $1,003.00 ROW Direct State Costs $1.00 0% $0.00 0% $0.00 100% $1.00 Engineering Direct State Costs $7,257.00 0% $0.00 0% $0.00 100% $7,257.00 Utility Direct State Costs $1.00 0% $0.00 0% $0.00 100% $1.00 Construction Direct State Costs $34,639.00 0% $0.00 0% $0.00 100% $34,639.00 Indirect State Costs $27,319.00 0% $0.00 100% $27,319.00 0% $0.00 Total $664,120.00 $428,701.00 $27,319.00 $208,100.00 The following table displays the appropriation history for the project: Fund Existing Funding Additional Funding Project Total Notes 34027 - 2022 Bond Program Fund $295,000.00 $0.00 $295,000.00 30108 - Transportation Impact Fee Cap Fund $600,000.00 $0.00 $600,000.00 31003 - Grants Capital Project Other Fund $0.00 $42,870.00 $42,870.00 Non -spendable - TDCs Project Total $895,000.00 $42,870.00 $937,870.00 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 6. A Form 1295 is riot required because: This contract wi]I be with a govemmental 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 Capital Project Other 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 City Manager's Office bv: Jesica McEachem 5804 Originating Business Unit lead: Lauren Prieur 6035