Loading...
HomeMy WebLinkAboutContract 60493-A1DocuSign Envelope ID: 940AF4F7-051E-4569-89DB-4E95DA40760E TxDOT: Federal Highway Administration: CCSJ # 0902-90-214 AFA ID Z00005966 AFA CSJs 0902-90-214 District # 02 Code Chart 64# 115000 Project Name N Beach St; At Western Center Blvd THE STATE OF TEXAS § THE COUNTY OF TRAVIS § CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ADVANCE FUNDING AGREEMENT For Highway Safety Improvement Program Off -System AMENDMENT #1 CSC No. 60493-A1 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State", and the City of Fort Worth, acting by and through its duly authorized officials, called the "Local Government". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, the parties executed a contract on November 10, 2023 to effectuate their agreement to improve intersection improvements at the intersection of Beach Street and Western Center Boulevard in Fort Worth, Texas; and, WHEREAS, it has become necessary to amend that contract in order to modify the project budget to reflect the increase of federal funds to 100%, and to apply the approved State's Transportation Development Credits (TDCs). NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the parties do agree as follows: AGREEMENT The parties agree that the Agreement is amended as follows: 1. Attachment B, Project Budget, is deleted in its entirety and replaced with Attachment B-1, Project Budget, which is attached to and made a part of this Amendment. The total Federal estimated cost of the Project increased by $ 51.366.00, from $ 462,297.00 to $ 513.663.00, due to construction funds being changed to 100% Federal funds. 2. Attachment C, Resolution, Ordinance, or Commissioners Court Order, is supplemented by adding Attachment C-1, Resolution, Ordinance, or Commissioners Court Order, which is attached to and made a part of this Amendment.. The project participation funding amounts have changed. All other provisions of the original contract are unchanged and remain in full force and effect. OFFICIAL RECORD AFA Amend Page 1 of 2 CITY SECRETARY Rev. 11 /06/2023 FT. WORTH, TX DocuSign Envelope ID: 940AF4F7-051 E-4569-89DB-4E95DA40760E TxDOT: CCSJ # 0902-90-214 AFA ID Z00005966 AFA CSJs 0902-90-214 District # 02 Code Chart 64# 115000 Project Name N Beach St; At Western Center Blvd Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Each party is signing this Agreement on the date stated under that party's signature. THE STATE OF TEXAS JhII.�,DocuSigned by: C� \-- F1 CDA80FIgPgf%tu re Kenneth Stewart Typed or Printed Name Director of Contract Services Typed or Printed Title 4/15/2024 Date THE LOCAL GOVERNMENT DocuSigned by: I 9i,SlcaMc,��.a�,�.vr�, F4EA53Efai to re Jesica McEachern Typed or Printed Name Assistant City Manager Typed or Printed Title 4/15/2024 Date AFA Amend Page 2 of 2 Rev. 11/06/2023 DocuSign Envelope ID: 940AF4F7-051 E-4569-89DB-4E95DA40760E TxDOT: CCSJ # 0902-90-214 I AFA ID Z00005966 AFA CSJs 0902-90-214 District # 02 Code Chart 64# 115000 Project Name N Beach St; At Western Center Blvd Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT B-1 PROJECT BUDGET Construction costs will be allocated based on 100% Federal funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the overrun costs and all other costs as shown below. Description Total Federal State Local Estimated Partici ation Partici ation �Partici ation Cost % Cost % Cost % Cost/TDCs Engineering (by Local $221,268 0% $0 0% $0 100% $221,268 Government) Environmental (by Local $26,542 0% $0 0% $ 100% $26,542 Government) Utilities (by Local $1 0% $0 0% $0 I 100% $1 Government) ROW (by Local $1 0% $0 0% $0 100% $1 Government) Construction (by State) $513,663 100% $513,663 0% $0 0% 51,366 Subtotal $761,475 $513,663 $0 1$247,812 Environmental Direct $1,327 0% $0 0% $0 100% $1,327 State Costs Right of Way Direct State $1 0% $0 0% $0 100% $1 Costs Engineering Direct State $11,063 0% $0 0% $0 100% $11,063 Costs Utility Direct State Costs $1 0% $0 0% $0 100% $1 Construction Direct State $32,258 0% $0 0% $0 100% $32,258 Costs Indirect State Costs @ �4.60% $35,028 0% $0 100% $35,028 0% $0 TOTAL $841,153 $513,663 I $35,028 �$292,462 Transportation Development Credits (TDCs) in the amount of 51,366 will be used for the Local Government's contribution. Initial payment by the Local Government to the State: $12,392.00 Payment by the Local Government to the State before construction: $32,258.00 Estimated total payment by the Local Government to the State $44,650.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 1 of 1 AFA LongGen Attachment B Rev. 4/18/2023 DocuSign Envelope ID: 940AF4F7-051 E-4569-89DB-4E95DA40760E TxDOT: CCSJ # 0902-90-214 I AFA ID I Z00005966 AFA CSJs 0902-90-214 Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction District # 02 Code Chart 64# 115000 Project Name N Beach St; At Western Center Blvd I AFA Not Used For Research & Development ATTACHMENT C-1 RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER A . t"Gili (luu No. 5903-2I124 A RISSGLU'CION AUTLIORI'LINC; ]SXXCUT1(YN OF' AMEN DMENT NI] 3 TU AN ADVANCED FUNDII G AGREEMENT WITH THE TEXAS DEPAAT=NT OIr TRANSPORTATION TO IDECUASIC TIIE TOTAL AMOUNT 1e0 sso,1a3.G0 WITH FEDERAL PARTICIPATION IN THE AMOUNT OF $513,6.63.00, STATE PARTICIPATION IN THE AMOUNT OF 535,028.00 AND CITY PARTICIPATION IN THE AMOUNT OF $292,462,00 PLUS ANY COST OVERRUNS FOR THE CONSTRUCTION OF INTERSECTION IMPROVEMENTS AT NORTEi BEACI3 STREET AND WESTERN CENTER BOULEVARD. WHY AS, fedoral law cstabllshm federally funded programs for transportation impiovetnants to Irr,p]ement its public purpose; end WHEREAS, LM Texas Transportation Cods, 5ectiorl 201.103 establishes that the State shall design, construct and operate a system of highways and roads in cooperation with ]oral governments, and Section 222.052 authorizes the Texas Department -of Transportation Comra;sscan laaecepI coneributiom from political subdivisions For devolopment and construction ofpub] lc roads within political subdivisions; and WHEREAS, fcde,aI and State laws require lace] gpvarnmouls to r<E-ft-i Gert-d[ll contract standards relating to th-c tnanagament and administration of Slate and federal funds, alld WILE RAS, the Texm T'ransportatioo Commission has codified 43 TekC, Rules 15,50-15,56 that dcsrribe federal, &fate, and kiraF rmyonsibililies far rest pmUidpa0arl in highway impr*vezk,�nt and other transportation projects. and WHER$AS, the 1'exts Trnsportation Commission passed Mirhuta Ordr<r NY$nbeT 1 16073 and 116292 aurhorizing the State to uudorlake and eampicty A highway improverrnent or other transportatton project gonorally dascribud as intcrs"4ion iEttprovemews at the intersection ofBeaeh Street and Westarn CantOY l3oul-OVOxd inFort Worth, Texas WHEREAS, the City of Fort Worth and Texas I}epariment of ']Yawportalion onlercd into an Advance Funding Agreearern (City Secr¢tary No. 6M3; CS7 0902-90-214) for the N. Deach RmCL at Westem C%micr Baule"rd Blowsy Safety lmprovememTrolccr, and WHEREAS. the City and the 5tR!e have nnZc4atcd ierms Vari mamdra= iv the 1ldvence Funding Agramwnl for iucm%wd -edaml cw-smmricn haaAs in the mrwunt of S51,366.00 and reduced City ewWucL3= par wipauoo corns by the amount of &S 1,366kuU Page 1 of 2 AFA LongGen Attachment C Rev. 4/18/2023 DocuSign Envelope ID: 940AF4F7-051 E-4569-89DB-4E95DA40760E TxDOT: I Federal Highway Administration: CCSJ # 0902-90-214 I AFA ID Z00005966 I CFDA No. 20.205 AFA CSJs 0902-90-214 I CFDA Title Highway Planning and Construction District # 02 Code Chart 64# 115000 Project Name N Beach St; At Western Center Blvd I AFA Not Used For Research & Development NOW TH EREF'ORE, BE IT RESOLVED BY T11E CITY CQUNCLL 47 THE CITY Or FORT VORT11, THAT; 'Phu City Managet or tlseir designee is bereby autburized to execute Amendment No. I la the Advance Funding Agreement with the 'I-exa9 Department o[ Transportation (City Secretary No_ 60493: C5J. U902-90-214) In the amount of $841,153.1k0, wilb federal participation in Cho amount of$5i3,663.00, start pa.rtic1pationjnthe asxount of$35,028.00 and city partidpatiion in the est[ma.ted amount afS292,462,04 pips any 4;ostaverrum for cons auctioa ufinierstclion impaaveraeatsat North Beach Stree: and WPIS M i~r"Ret aa1JC9vard. Adopted this26d'day ofMarch2024. ATTEST, Jamreue S. Goodatl City Secretary Page 2 of 2 AFA LongGen Attachment C Rev. 4/18/2023 ADVANCE FUNDING AGREEMENT Cr1L7108101 f0'I83Ji[! PROJECT NAME: INTERSECTION IMPROVEMENTS AT N. BEACH ST. AND WESTERN CENTER BLVD. ADDITIONAL ROUTING SIGNATURES CITY OF FORT WORTH Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Iskal Shrestha Title: Sr. Professional Engineer Email: iskal.shrestha@fortworthtexas.gov APPROVAL RECOMMENDED: ar...». P— BY: Lauren Prieur(Apr 30, 202409:24 CDT) Lauren Prieur, Director Transportation and Public Work Email: Lauren.Prieur@fortworthtexas.gov CONTRACT AUTHORIZATION M&C: 24-0243 Date Approved: 3/26/2024 Form 1295: N/A APPROVED AS TO FORM AND LEGALITY: lj rG BY: Douglas Black (Apr 30, 202412:56 CDT) Douglas W. Black Senior Assistant City Attorney Email: douglas.black@fortworthtexas.gov ATTEST AS TO CITY MANAGER SIGNATURE: � 40� FORt�pO Mg BY: o� Jannette S. Goodall �a°adIl nEZAs4p City Secretary Email:Jannette.Goodall@fortworthtexas.gov Name of Employee/Signature OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX A 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; CSJ: 0902-90-214) in the amount of $841,153.00, with federal participation in the amount of$513,663.00, state participation inthe 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: Jannette S. Goodall City Secretary a� FOR as a�o°°��000000�r�d�d 0 0 Fi �o ao �'��s oXG o ° r 0 0 o c 0000000"Q MAYOR. AND COUNCIL COMMUNICATION MAP Intersection Improvements at North Beach Street and Western Center Boulevard Project Number 104038 ALdia T6il'Park Basswood Blvd I{ighic SLIM MERFIELDS Westlake Ace Hardware L;./ Home Depot P • BasswoodBlvc' -�� BASSWOOD PARK © Project Location FOSSIL PARK L, �°d 377 } .. Kroger ZWalgreens ERLING CREEK Western Ces�tcr Blvd Ii) Watauga Rd Albertsons�;�►. _ STONEGLEN d The Grc±f Club ossil Greek z > Roll' erWorld NorthEast ti FAIRE'd;:Y BEND ° Haltorn High School° Fossil Creek Owd r FossilGre� 7 r, i 1 1 „ . J1111 r : ! Spr'rngHillSuites+firth� � v' �` by Marriott Fort Worth... lHorse �.� a f Hornet Suites by Hilton +>�! Fort Worth Fossil Creek i 4i v Melody Hills' Go gle 1P I Glenview N n n 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: 200T IMPROV N. BEACH STNdESTERN CENTER BLVD -AFA - AMEND 1 SUBJECT (CD 4) Adopt a Resolution Authorizing Execution of Amendment 41 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 forthe 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 Right -of -Way, and survey. 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 offsystem, 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 (Engineering (by LG) (Environmental (by LG) (Utilities (by LG) Total Estimated Federal State Participation Local Participation Cost Participation % Cost % Cost % Cost/TDC $221,268.00 0% $0.00 0% $0.00 100% $221,268.00 $26,542.00 0% $0.00 0% $0.00 100% $26,542.00 $1,00 0% $0.00 0% $0.00 $1.00 ROW (by LG) $1.00 0%I $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 $1,327.00 0% $0.00 0% $0.00 100% $1.327.00 State Costs ROW Direct State $1.00 0% $0.00 0% $0.00 100% $1.00 Costs Engineering Direct $11,063.00 0% $0.00 0% $0.00 100% $11,063.00 State Costs Utility Direct State $1.00 0% $0.00 0% $0.00 100% $1.00 Costs Construction Direct $32,258,00 0% $0.00 0% $0.00 100% $32,258.00 State Costs 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: Existing Additional Fund Funding 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 Non -spendable - Other Fund $0.00 $35,028.00 $35,028.00 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 Transportatlon 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 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 Citv Manager's Office bv: Jesica McEachem 5804 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 FORTWORTM) Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: ADVANCE FUNDING AGREEMENT AMENDMENT #1 FOR INTERSECTION IMPROVEMENTS AT N. BEACH STREET AND WESTERN CENTER BLVD. M&C: 24-0243 CPN: 104038 CSO: DOC#: 1 Date: 04/17/2024 To: Name Department Initials Date Out 1. Iskal Shrestha TPW -signature , -/" Apr 26, 2024 2. Alex Ripley TPW- review AR AP Apr 29, 2024 3. Chad Allen TPW - review C:�-- Apr 30, 2024 4. Lissette Acevedo TPW - review o<v Apr 30, 2024 5. Lauren Prieur TPW - signature W- Apr 30, 2024 6. Doug Black Legal - signature oB �$ Apr 30, 2024 7. Jesica McEachern CMO - N/A 8. Jannette Goodall CSO - signature ,Ja Apr 30, 2024 9. TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: []YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES []No NEXT DAY: []YES ❑No ROUTING TO CSO: ®YES ❑No Action Reauired: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContracts(&,,FortWorthTexas.aov at ext. 7254 for pick up when completed.