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Home My WebLink AboutContract 55194-A1Docusign Envelope ID: 3EFBB1CD-E206-4335-89FC-02317FF7DCFF I TxDOT: Federal Highway Administration: CCSJ # 0902-90-148 I AFA ID Z00004611 AFA CSJs 0902-90-148 District # 02 I Code Chart 64# 15000 Project Name I Horne Street STATE OF TEXAS § COUNTY OF TRAVIS § CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ADVANCE FUNDING AGREEMENT AMENDMENT # 1 CSC No. 55194-A1 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the State, and 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 State and the Local Government executed a contract on November 24t" of 2020 to effectuate their agreement to widen from 2 to 3 lanes with bicycle lanes, pedestrian/sidewalk improvements and traffic signal improvements; and, WHEREAS, it has become necessary to amend that contract to modify scope for all phases of the project, increase project total funding by $1,218,440.00 and add utility phase work; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as follows: AGREEMENT 1. Description of Amended Items Article 1, Responsible Parties, is deleted in its entirety and replaced with: For the Project covered by this Agreement, the parties shall be responsible for the following work as stated in the article of the Agreement referenced in the table below: 1 Local Government Utilities Article 8 2. Local Government Environmental Assessment and Article 9 Mitigation 3. Local Government Architectural and Engineering Services Article 11 4. Local Government Construction Responsibilities Article 12 5. Local Government Right of Way and Real Property Article 14 OFFICIAL RECORD CITY SECRETARY Article 3, Scope of Work, language is deleted and replaced with the following: FT. WORTH, TX AFA Amend Page 1 of 2 Rev. 11/06/2023 Docusign Envelope ID: 3EFBB1CD-E206-4335-89FC-02317FF7DCFF TxDOT: CCSJ # 0902-90-148 I AFA ID I Z00004611 AFA CSJs 0902-90-148 District # 02 1 Code Chart 64# 1 15000 Project Name I Horne Street Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development The scope of work for the Project consists of widening from 2 to 3 lanes with bicycle lanes, pedestrian/sidewalk improvements, and traffic signal improvements on Horne Street from Vickery Street to Camp Bowie as shown on Attachment B. Attachment A, Resolution, Ordinance, or Commissioners Court Order, is amended by adding Attachment A-1, Resolution, Ordinance or Commissioners Court Order which is attached to this Amendment. Attachment C, Project Budget, is deleted in its entirety and replaced with Attachment C-1, Project Budget, which is attached to and made part of this agreement. The total agreement amount is increased by $1,218,440.00 from $8,146,318.00 to $9,364,758.00. Added Utility and ROW phase work. All other provisions of the original contract are unchanged and remain in full force and effect. 2. 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 amendment on the date stated under that party's signature. THF�oLs0Cd4L GOVERNMENT CU ig6a UO urIi04JOe CVU4V 1... S William Johnson Typed or Printed Name Assistant Citv Manager Title 7/16/2024 Date T IA4T,E OF TEXAS 4w" skwayf X.. Signature Kenneth Stewart Director of Contract Services Texas Department of Transportation 7/17/2024 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX AFA Amend Page 2 of 2 Rev. 11/06/2023 Docusign Envelope ID: 3EFBB1CD-E206-4335-89FC-02317FF7DCFF TxDOT: CCSJ # 0902-90-148 I AFA ID I Z00004611 AFA CSJs 0902-90-148 District # 02 1 Code Chart 64# 1 15000 Project Name I Horne Street Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT A-1 RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER NO. 5972-06-2024 A RESOLUTION AUTHORIZING EXECUTION OF AMENOMENT NO. I TO AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTibIENT OF TRANSPORTATION TO INCREASE THE FEDERAL, STATE AND CITY PARTICIPATION BV THE COMBINED AMOUNT OF $1,218,440.00 THEREBY REVISING THE TOTAL AMOUNT TO $9,364,758.011 FOR THE HORNE STREET STREETSCAPE 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 Elie State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.057 authori:rrs the Texas Transportation Commission to accept contributions frorn 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 Transprrtation Comrnis5lon has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for r.ost participation in highway improvement and other transpoutioa projects, and WHEREAS, tine Texas 'I'ransporlation Commission passed Minute Order Number 116522 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as construct new roadway lanes; and WHEREAS, the City of Fort Worth and Texas Department of Transportation entered into an Advance Funding Agreement (City Secretary No, 55194; CSJ 0902-90-148) for the Home 5trect improvements front Camp Bowie Blvd. to W, Vickery Blvd. project; and WHEREAS, the City and the State have negotiated terms of an amendment to the Advance Funding Agreement for costs related to additional engineering and right-of-way services ofwhich City of Fort Worth participation is $2.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTII, TEXAS, THAT: The City Manager is hereby authorized to execute Arnend ment No. I to the Advance Funding Agreement with the Texas DgLartment of Transportation (City Secretary No. Page 1 of 2 AFA LongGen Attachment A-1 Docusign Envelope ID: 3EFBB1CD-E206-4335-89FC-02317FF7DCFF TxDOT: I I Federal Highway Administration: CCSJ # 0902-90-148 1 AFA ID Z00004611 CFDA No. 20.205 AFA CSJs 0902-90-148 I I CFDA Title Highway Planning and Construction District # 02 Code Chart 64# 115000 Project Name Horne Street I I AFA Not Used For Research & Development 55194; CSJ: 0902-90-148) in the amount of S9,364,758,00, with federal participation in the amount of $8,976,524,00, state participation in the amount of3389,232,00 and local participation in the amount of $2.00 and $1,795,305 provided by Transportation Development Credits, for engineering, environmental services and cortstruction of Horne Street Streersrape Improvements Project. City is responsible For ouorruns on the project. ADOPTRD this 25`h day of June, 2024. ATTEST: By: Janette S. Goodal, City Secretary4on000ao�� c % r. P: Page 2of2 AFA LongGen Attachment A-1 Docusign Envelope ID: 3EFBB1CD-E206-4335-89FC-02317FF7DCFF TxDOT: I Federal Highway Administration: CCSJ # 0902-90-148 1 AFA ID I Z00004611 CFDA No. 20.205 AFA CSJs 0902-90-148 I CFDA Title Highway Planning and Construction District # 02 Code Chart 64# 115000 Project Name Horne Street AFA Not Used For Research & Development ATTACHMENT C-1 PROJECT BUDGET Except for Indirect State Costs, Utilities and Utilities direct state costs, all other 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 costs. Description Total Federal State Local Participation Estimated Participation Partici ation Cost % lCost % JCost % ITDC Environmental (by $171,000 100% $171,000 0% $0 0% 34,200 Local Government Engineering (by $949,053 100% $949,053 0% $0 0% 189,811 Local Government) ROW (by Local $414,792 100% $414,792 0% $0 0% 82,958 Government) Utilities (by Local $1 0% $0 0% $0 100% $1 Government) Construction (by $6,904,971 100% $6,904,971 0% $0 0% 1,380,994 Local Government Subtotal �8,439,817 $8,439,816 $0 $1 1,687,963 TDCs Environmental $9,000 100%$9,000 0% $0 0% 1,800 Direct State Costs Right of Way $21,831 100% $21,831 0% $0 0% 4,366 Direct State Costs Engineering Direct $71,659 100%$71,659 0% $0 0% 14,332 State Costs Utility Direct State $1 0% $0 0% $0 100% $1 Costs Construction Direct $434,218 100% $434,218 0% $0 0% 86,844 State Costs Indirect State $388,232 0% $0 100%$388,232 0% $0 Costs TOTAL9,364,758 $8,976,524 $388,232 $2 1,795,305 TDCs Page 1 of 2 AFA LongGen Attachment C-1 Docusign Envelope ID: 3EFBB1CD-E206-4335-89FC-02317FF7DCFF Tx DOT: CCSJ # 0902-90-148 I AFA ID I Z00004611 AFA CSJs 0902-90-148 District # 02 I Code Chart 64# 115000 Project Name Horne Street Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development Transportation Development Credit (TDCs) in the amount of 1,795,305 will be used for the local Government Contribution. Total Reimbursable Costs to the local government = $8,439,816.00 Initial payment by the Local Government to the State: $0.00 Payment by the Local Government to the State before construction: $1.00 Estimated total payment by the Local Government to the State: $1.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 2 of 2 AFA LongGen Attachment C-1 ADVANCE FUNDING AGREEMENT CSJ: 0902-90-148 PROJECT NAME: Horne St Streetscape Project 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. s ,e" /Jul 24, 2024 Title: Engineering Manager Email: Shweta.Rao@fortworthtexas.gov APPROVAL RECOMMENDED: BY: I au ren Priour (Aug 9, 202413:56 CDT) Lauren Prieur, Director Transportation and Public Work Email: lauren.prieur@fortworthtexas. gov CONTRACT AUTHORIZATION M&C: 24-0566 Date Approved: 06-25-2024 Form 1295: N/A APPROVED AS TO FORM AND LEGALITY: fj � BY: Douglas Black(Aug 13,202409:57 CDT) Douglas W. Black Senior Assistant City Attorney Email: douglas.black@fortworthtexas.gov ATTEST AS TO CITY MANAGER SIGNATURE: �p pO�FURT�d�a BY: pro opod 0 Jannette Goodall °oQ o °° City Secretary ddIIn nEXP`�444 Email: jannette.goodall@fortworthtexas.gov OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 7/17/24, 3:03 PM M&C Review Official site of the City of Fort Worth, Texas oRTWORTH CITY COUNCIL AGENDA F Create New From This M&C DATE: 6/25/2024 REFERENCE **M&C 24- LOG NAME: 20HORNE STREETSCAPE NO.: 0566 AFAAMENDMENT 1 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (CD 6) Adopt a Resolution Authorizing Execution of Amendment No. 1 to an Advance Funding Agreement with the Texas Department of Transportation for the Horne Street Streetscape Project to Increase the Amount from $8,146,318.00 to $9,364,758.00 with City Participation in the Form of Transportation Development Credits Increasing from $1,460,283.00 to $1,795,305.00, Adopt Appropriation Ordinances 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 Number 1 to the Advance Funding Agreement with the Texas Department of Transportation (City Secretary Contract No. 55194; CS] # 0902-90-148) for the Horne Street Streetscape project (City Project No. 102764) to increase the total Advance Funding Agreement amount from $8,146,318.00 to $9,364,758.00 with City; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Cap Projects Federal Fund, subject to the receipt of the grant in the amount of $1,160,230.00 for the purpose of funding Horne Street Streetscape project (City Project No. 102764); 3. 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 $335,022.00 for the purpose of funding Horne Street Streetscape project (City Project No. 102764); 4. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to adopt a resolution authorizing the execution of Amendment No. 1 to the Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) (City Secretary Contract No. 55206; CSJ # 0902-90-148), increasing the total project cost to $9,364,758.00, with corresponding increases in the Federal participation amount of $8,146,318.00, State participation amount of $176,579.00. The City Council approved an AFA with TxDOT in the amount of $8,146,318.00 on November 10, 2020 (M&C 20 0829) for engineering and construction of the Horne Street Streetscape project, including Horne Street Streetscape from Camp Bowie Blvd to West Vickery Blvd. Amendment No. 1 is for additional engineering, right of way (ROW), and utility relocation costs for the project. Additional federal funds in the amount of $1,675,109.00 were approved by North Central Texas Council of Governments (NCTCOG) for this work and will be approved with this M&C. TxDOT will absorb the additional indirect costs of $58,208.00 for providing statewide support services to this federally funded project. These state indirect costs will not be appropriated in our finance system. The funding breakdown after approval of the AFA amendment is shown below: Total Federal Participation State Participation Local Participation Description Estimated Cost \% Cost \% Cost \% TDC Environmental $171,000.00 100\% $171,000.00 0\% $0 0\% $34,200.00 (by Local Government apps.cfwnet.org/council_packet/mc_review.asp?ID=32272&councildate=6/25/2024 1 /3 7/17/24, 3:03 PM M&C Review Engineering $949,053.00 100\% $949,053.00 0\% $0 0\% $189,811.00 (by Local Government) ROW (by $414,792.00 100\% $414,792.00 0\% $0 0\% $82,958.00 Local Government) Utilities (by $1.00 0\% $0 0\% $0 100\% $1.00 Local Government) Construction $6,904,971.00 100\% $6,904,971.00 0\% $0 0\% $1,380,994.00 (by Local Government) $1.00 Subtotal $8,439,817.00 $8,439,816.00 $0 ($1,687,963.00 TDCs) Environmental $9,000.00 100\% $9,000.00 0\% $0 0\% $1,800.00 Direct State Costs Right of Way $21,831.00 100\% $21,831.00 0\% $0 0\% $4,366.00 Direct State Costs Engineering $71,659.00 100\% $71,659.00 0\% $0 0\% $14,332.00 Direct State Costs Utility Direct $1.00 0\% $0 0\% $0 100\% $1.00 State Costs Construction $434,218.00 100\% $434,218.00 0\% $0 0\% $86,844.00 Direct State Costs Indirect State $388,232.00 0\% $0 100\% $388,232.00 0\% $0 Costs $2.00 TOTAL $9,364,758.00 $8,976,524.00 $388,232.00 ($1,795,305.00 TDCs) The following table displays the appropriation history for the project: Fund Existing Funding Additional Project Total Notes Funding 31001 - Grants Cap $7,301,415.00 $1,138,401.00 $8,439,816.00 Federal funding Projects Federal Fund 31001- Appropriated $514,879.00 $21,829.00 $536,708.00 State Direct Cost State Direct Cost 31003 - Grants Cap $1,460,283.00 $335,022.00 $1,795,305.00 Non -spendable - Projects Other Fund TDCs Project Totals $9,276,577.00 $1,495,252.00 $10,771,829.00 apps.cfwnet.org/council_packet/mc_review.asp?ID=32272&councildate=6/25/2024 2/3 7/17/24, 3:03 PM M&C Review Additional Federal funding for this project was not included in the Fiscal Years (FY) 2024-2028 Capital Improvement Program because the availability of the additional funding was unknown 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 AFA Amendment Number 1 will not affect the DBE goal. This project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, execution of the amendment, 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 the Grants Capital Project Other Fund. The Transportation and Public Works Department (and Financial Management Services) is responsible for the collection and deposit of funds due to the City. Prior to an 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. WC Fund Department Account Project ' Program Activity Budget Reference # I Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manaaer's Office bv: Jesica McEachern (5804) Originating Department Head: Additional Information Contact: ATTACHMENTS Lauren Prieur (6035) Monty Hall (8662) 0902-90-148 final draft Amendment 4.10.24.docx (CFW Internal) 20HORNE STREETSCAPE AFAAMENDMENT # 1.xlsx (CFW Internal) FUNDS AVAILABILITY 102764.docx (CFW Internal) MC Map HorneStreetscape CPN102764.pdf (Public) ORD.APP 20HORNE STREETSCAPE AFAAMENDMENT 1 31001 (r2).docx (Public) ORD.APP 20HORNE STREETSCAPE AFAAMENDMENT 1 31003 (r3).docx (Public) Resolution Horne St (002).docx (Public) apps.cfwnet.org/council_packet/mc_review.asp?ID=32272&councildate=6/25/2024 3/3 102764-TXFA-Horne St Streetscape Project AFA Amendment Final Audit Report 2024-07-24 Created: 2024-07-24 By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Status: Signed Transaction ID: CBJCHBCAABAApSV7dak636Sn4tgMPgyZHC5Le0-U_Rfu "102764-TXFA-Horne St Streetscape Project AFA Amendment" History '` Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2024-07-24 - 4:10:32 PM GMT- IP address: 204.10.90.100 Document emailed to Michelle McCullough (michelle.mccullough@fortworthtexas.gov) for filling 2024-07-24 - 4:13:28 PM GMT Document emailed to No Given Name Shweta Rao (Shweta.Rao@fortworthtexas.gov) for signature 2024-07-24 - 4:13:28 PM GMT °'�k�, Email viewed by No Given Name Shweta Rao (Shweta.Rao@fortworthtexas.gov) 2024-07-24 - 4:14:52 PM GMT- IP address: 204.10.90.100 Document e-signed by No Given Name Shweta Rao (Shweta.Rao@fortworthtexas.gov) Signature Date: 2024-07-24 - 4:15:03 PM GMT - Time Source: server- IP address: 204.10.90.100 Email viewed by Michelle McCullough (michelle.mccullough@fortworthtexas.gov) 2024-07-24 - 4:35:55 PM GMT- IP address: 204.10.90.100 Form filled by Michelle McCullough (michelle.mccullough@fortworthtexas.gov) Form filling Date: 2024-07-24 - 4:36:07 PM GMT - Time Source: server- IP address: 204.10.90.100 ® Agreement completed. 2024-07-24 - 4:36:07 PM GMT FoRTWORTH, I P—e'b' Adobe Acrobat Sign FORT WORTH,,, Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE• Horne St Streetscape Project AFA Amendment M&C: 24-0566 CPN: 102764 CSO: 55194 DOC#: Date: To: Name Department 1. Michelle McCullough, BSP TPW - initial 2. Shweta Rao, PM TPW - Signature 3. Chad Allen, PgM TPW -initial 4. Lissette Acevedo, Sr. CPO TPW-Initial 5. Patricia Wadsack, AD TPW - initial Initials Date Out Jul 24, 2024 , Jul 24, 2024 A'invrl via Aojlnf� IT)- l?R1 tt tt 6. Lauren Prieur TPW - signature � Aug 9, 2024 7. Doug Black Legal - signature DB 199 Aug 13, 2024 8. Jesica McEachern CMO - signature 9. Jannette Goodall CSO - signature IG� Aug 13, 2024 10. 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(a�FortWorthTexas.aov at ext. 7233 or 8363, for pick up when completed. Thank you! Updated 06.21.2023 mdhm