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HomeMy WebLinkAboutContract 62122Docusign Envelope ID: B5OA2BDA-15CC-4DB9-BAOA-FA476A52795F TxDOT: CSC No. 62122 Federal Highway Administration: CCSJ # 0902-90-019 I AFA ID I Z00005385 AFA CSJs 0902-90-298 District # 02 1 Code Chart 64# 1 15000 CFDA No. 20.205 CFDA Title Highway Planning and Construction Project Name I Riverside Drive Bridge Rehab AFA Not Used For Research & Development THE STATE OF TEXAS § THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For VOLUNTARY UTILITY RELOCATION CONTRIBUTIONS ON BRIDGE PROJECT Off -System AMENDMENT #1 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 May 17, 2023 to effectuate their agreement to relocate and adjust exiting water line; and, WHEREAS, it has become necessary to amend that contract in order to abandon and plug existing water line instead of relocating which affects the cost of the project; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the parties do agree as follows: AGREEMENT 1. The parties agree that the Agreement is amended as follows: In accordance with the original Advance Funding Agreement, the contract will terminate effective when signed by the last party of whose signing makes this Amendment fully executed. Attachment A, Payment Provision and Work Responsibilities, is deleted in its entirety and replaced with Attachment A-1, Payment Provision and Work Responsibilities, which is attached to and made part of this Amendment. The existing water line shall be abandoned and plugged along the Riverside Drive Bridge instead of relocating the existing water line. Attachment B, Estimated Utility Costs, is deleted in its entirety and replaced with Attachment 13- 1, Estimate Utility Costs, which is attached to and made a part of this Amendment. The total estimated cost of the Project decreased by $ 2.160.000.00. from $ 2,330,000.00 to $170.000.00, due to the work responsibilities changing from relocating the existing water line to abandoning and plugging the existing water line. OFFICIAL RECORD AFA Amend Page 1 of 2 CITY SECRETARY Rev. 11 /06/2023 FT. WORTH, TX Docusign Envelope ID: B5OA2BDA-15CC-4DB9-BAOA-FA476A52795F TxDOT: Federal Highway Administration: CCSJ # 0902-90-019 AFA ID Z00005385 CFDA No. 20.205 AFA CSJs 0902-90-298 CFDA Title Highway Planning and Construction District # 02 Code Chart 64# 15000 Project Name Riverside Drive Bridge Rehab AFA Not Used For Research & Development All other provisions of the original contract are unchanged and remain in full force and effect. 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. oacuSigned by: THE STATE OF TEXAS F �O:C eu M 5dAj , P.E. �t5/4IC04rHU6L411... Signature David M. Salazar, Jr., P.E. Typed or Printed Name Fort worth District Engineer Typed or Printed Title 10/1/2024 Date by: THE LOCAL GOVERNMENT FSigned CbSfal QSSiSf&VJ Cif� kAtA- t,V' -OJJ1/.0D00 H404... Signature Fernando Costa Typed or Printed Name Assistant City Manager Typed or Printed Title 9/30/2024 Date AFA Amend Page 2 of 2 Rev. 11/06/2023 Docusign Envelope ID: B5OA2BDA-15CC-4DB9-BAOA-FA476A52795F CCSJ # 0902-90-019 RCSJ # 0902-90-306 AFA CSJ # 0902-90-298 Utility ID: 000017599 District # 02 AFA ID Z00005385 Code Chart 64 #15000 Project: Riverside Dr. Bridae Rehab ATTACHMENT A-1 PAYMENT PROVISION AND WORK RESPONSIBILITIES 1. Description of the Work Items The parties agree that the existing water line shall be removed from bridge and remaining segments abandoned and plugged along Riverside Drive Bridae. The Citv of Fort Worth facilities shall be owned, operated, and maintained by Utility from and after completion and final acceptance by the State and Utility. The estimated total construction cost for the relocated and adjusted facilities is $170,000.00. The parties agree that it is their intent to complete the relocation improvements within this estimate of cost. 2. Actual Cost Agreement Utility will be responsible for paying all costs associated with the planning, specification, and estimate (PS&E) development, and construction of the proposed utility work to the extent such is not reimbursed pursuant to state law. All the costs associated with construction of the City of Fort Worth items for the Project shall be provided as defined under the Standard Utility Agreement, Utility Joint Use Agreement, and/or the Agreement to Contribute Funds executed between the State and Utility. 3. Schedule of Payments A. At least forty-five (45) days prior to the date set for receipt of the construction bids, the Utility shall remit its remaining financial share for the State's estimated construction oversight and construction costs. Utility must advance to the State one hundred percent (100%) of its share of the estimated Project utility construction costs. The amount to be advanced for the utility improvements is estimated to be $ 170,000.00. (See Attachment B — Estimated Utility Costs) B. In the event the State determines that additional funding is required by the Utility at any time during the Project, the State will notify the Utility in writing. The Utility is responsible for one hundred percent (100%) of the authorized project cost and any overruns. The Utility will make payment to the State within thirty (30) days from receipt of the State's written notification. C. Whenever funds are paid by the Utility to the State under this agreement, the Utility will remit a warrant made payable to the "Texas Department of Transportation." The warrant will be deposited by the State and managed by the State. Until the final Project accounting, funds may only be applied by the State to the Project. D. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Utility, the State, or the Federal Government will be promptly paid by the owing party. 4. Work Responsibilities A. The Utility shall provide the following services under this contract: i. Responsible for engaging the services of a Texas Registered Professional Engineer to prepare drawings and technical specifications for waterline removal and abandonment along Riverside Drive Bridge. AFA Utility Page 1 of 3 Attachment A-1 4/18/2023 Docusign Envelope ID: B50A2BDA-15CC-4DB9-BAOA-FA476A52795F CCSJ # 0902-90-019 RCSJ # 0902-90-306 AFA CSJ # 0902-90-298 Utility ID: 000017599 District # 02 AFA ID Z00005385 Code Chart 64 #15000 Project: Riverside Dr. Bridge Rehab ii. Provide the plans and specifications to the State to include in the current planning specifications and estimate package being prepared by representatives of the Texas Department of Transportation's Fort Worth Area Office. iii. Secure all necessary permitting as may be required for the water line removal and abandonment. iv. Arrange and coordinate with the contractor, through the State, materials and equipment testing, rejection of all work not conforming to minimum requirements of the construction contract documents, maintenance of the proposed water line removal and abandonment. V. Advise the State of work that Utility determines should be corrected or rejected. vi. Arrange, observe, and inspect all acceptance testing and notify the State of the results of these activities. vii. Provide inspection services for the construction, notify the State of defects and deficiencies in the work, and observe actions of the contractor to correct such defects and deficiencies. viii. Assume all responsibility for the maintenance of the existing water line during and upon completion of the construction contract. ix. Ensure all Texas Commission on Environmental Quality and all other regulatory rules, regulations and laws are strictly adhered to. X. Prepare and submit both a certificate of substantial completion and a list of observed items requiring completion or correction for the relocations and adjustments to the Project Engineer for concurrence. A. Coordinate all construction activities performed by Utility's staff for the relocations and adjustments through the Project Engineer. B. The State shall provide the following services under this contract i. Combine the water line removal and abandonment plans with the plans being prepared for the Project. ii. Review and approve the final construction plans prior to any construction -related activities. In order to ensure federal and/or state funding eligibility, projects must be authorized by the State prior to advertising for construction. iii. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. The TxDOT contractor shall meet the Fort Worth Water Department's pre -qualification requirements appropriate for the size and scope of work the contactor(s) shall perform. The pre -qualified contractor shall warrant the water line construction under this Agreement for a period of 2 years against defect in material and workmanship. iv. Negotiate and administer all field changes and change orders required for the Project. All change orders increasing construction costs for Utility's Project shall be submitted to Utility for review and approval together with an evaluation. Utility agrees to review and either approve or disapprove all change orders within fourteen (14) business days after receipt of such order unless Utility Board's approval is necessary in which case Utility shall bring the item to Utility Board as soon as reasonably possible. AFA Utility Page 2 of 3 Attachment A-1 4/18/2023 Docusign Envelope ID: B5OA2BDA-15CC-4DB9-BAOA-FA476A52795F CCSJ # 0902-90-019 RCSJ # 0902-90-306 AFA CSJ # 0902-90-298 Utility ID: 000017599 District # 02 AFA ID Z00005385 Code Chart 64 #15000 Project: Riverside Dr. Bridae Rehab V. Provide overall project management to supervise the day-to-day activities of the construction and monitor the activities of the contractor to promote the timely and efficient completion of the Project in accordance with the approved Plans and Specifications and construction schedule. vi. Conduct field observations and coordinate with Utility's inspectors and the contractor to cure defects and deficiencies in the construction prior to final acceptance. vii. Make timely payment to the contractor for work performed in connection with the Project. viii. Ensure access and permit Utility's inspectors and other authorized representatives to inspect the construction at all times. ix. Conduct and coordinate final inspection of the Project in the presence of Utility's Engineer and Inspector, transmit final list of items to be completed or repaired and observe contractor correction of same. X. Maintain job file. AFA Utility Page 3 of 3 Attachment A-1 4/18/2023 Docusign Envelope ID: B5OA2BDA-15CC-4DB9-BAOA-FA476A52795F CCSJ # 0902-90-019 RCSJ # 0902-90-306 AFA CSJ # 0902-90-298 Utility ID: 000017599 District # 02 AFA ID Z00005385 Code Chart 64 # 15000 Project: Riverside Dr. Bridae Rehab ATTACHMENT B-1 ESTIMATED UTILITY COSTS Based on various calculations, following are those amounts due and payable for Utility's costs associated with this project. Total Estimated Costs $170,000.00 Less Betterment Amount Due from Utility $0.00 Amount of total utility relocation Costs $170,000.00 Estimated Amount Eligible for Reimbursement (Calculated eligibility Ratio — 0%) $0.00 Amount of Utility Adjustment Due from Utility $170,000.00 Estimated amount to be included in Construction Agreement A. Betterment $0.00 B. Utility Adjustment $170.000.00 GRAND TOTAL $170,000.00 AFA Utility Page 1 of 1 Attachment B-1 4/18/2023 ADVANCE FUNDING AGREEMENT CCSJ: 0902-90-019 AFA CSJ: 0902-90-298 PROJECT NAME: Riverside Drive Bridge Rehab - 12-inch Water Main Removal 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. By: +Rose Apscamilla, P.E. Senior Professional Engineer Email: April.Escamilla@fortworthtexas.gov APPROVAL RECOMMENDED: Chrisfanher 1-fat-,der By: Christopher Harde'r(Oct 2, 202414:53 CDT) Chris Harder, P.E., Director Water Department Email: chris.harder@fortworthtexas.gov CONTRACT AUTHORIZATION M&C: 24-0680 Date Approved: August 13, 2024 APPROVED AS TO FORM AND LEGALITY: Douglas Black (Oct 3, 202414:D9 CDTf By: Douglas W. Black Senior Assistant City Attorney FORM 1295: N/A ATTEST AS TO CITY MANAGER SIGNATURE: p�'"� ovnpq v° By: 9-s � Jannette Goodall° ao,p City Secretary °IIa� nog4p Email: Jannette. goodall@fortworthtexas.gov OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: 08/13/24 M&C FILE NUMBER: M&C 24-0680 LOG NAME: 60RIVERSIDE BRIDGE WATTERLOC AFA AND APPROPRIATION SUBJECT (CD 11) Ratify Execution of an Advance Funding Agreement with the Texas Department of Transportation in the Amount of $2,330,000.00 for Voluntary Utility Relocation Contributions for the Riverside Drive Bridge Over Trinity River Project, Authorize Execution of Amendment No. 1 to the Advance Funding Agreement to Reduce the Amount by $2,160,000.00 to $170,000.00 and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Ratify execution of an Advance Funding Agreement (CSJ 0902-90-298) with the Texas Department of Transportation in the amount of $2,330,000.00 for Voluntary Utility Relocation Contributions for the Riverside Drive Bridge project; 2. Authorize execution of Amendment No. 1 to the Advanced Funding Agreement with the Texas Department of Transportation for Voluntary Utility Relocation Contributions for the Riverside Drive Bridge project reducing the cost by $2,160,000.00 to the amount of $170,000.00; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $242,000.00, transferred from available PayGo funds within the Water and Sewer Fund, for the purpose of funding the Water & Sanitary Sewer REPL Contract 2019 WSM-1 project (City Project No. 103415) to effect a portion of Water's contribution to the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: The original Advanced Funding Agreement (AFA) for City voluntary contributions (CSJ 0902-90-298, CSC No. Pending) was routed directly to the City Manager's Office by Texas Department of Transportation (TXDOT) and inadvertently executed on May 16, 2023 prior to a Mayor and Council Communication (M&C) authorizing said action. This M&C serves to rectify the error by ratifying the CMO's execution of that AFA and, since the project's scope has radically changed in the interim, authorize an amendment to said AFA greatly reducing the cost to the city. The amendment to the Advanced Funding Agreement being presented here will provide reduced city funding for the removal of the 12-inch water main, attached to the Riverside Drive Bridge, in conjunction with TXDOT's rehabilitation of the Riverside Drive Bridge. The estimated cost for the water main's removal is $170,000.00. In addition to the estimated construction cost, $72,000.00 is required for project management, material testing and inspection. This project will have no impact to the Water Department's operating budget when completed. On September 12, 2017, M&C C-28365 authorized execution of an Advance Funding Agreement with the Texas Department of Transportation for the Reconstruction of the Riverside Drive Southbound Bridge Deck over Trinity River (City Secretary Contract No. 50229, CSJ No. 0902-90-019). Subsequently, TXDOT has required that the segment of the water main currently attached to south bound deck of the Riverside Drive Bridge be removed. On November 30, 2021, M&C 21-0924 authorized execution of an Engineering Agreement with Kimley-Horn and Associates, Inc. (City Secretary Contract No. 56816) for the Water and Sanitary Sewer Replacement Contract 2019 WSM-1, project which includes the removal and relocation of the water main from Riverside Drive to Booker Street. TXDOT's contractor under contract for the bridge rehabilitation project will perform this work This M&C will also appropriate the required funding for the project. No funds have been transferred to TXDOT. It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvement Program, as follows: 60RIVERSIDE Bridge WATERRELOC AFA AND APPROPRIATION Capital Project Revised FY2024 CIP Budget Change Fund Name Authority FY2024 Appropriations (Increase/Decrease) FY2 Name Budget W&S 103415- Capital W/SS Projects Repl This M&C $242,000.00 $242,000.00 Contract$0.00 Fund -Fund 56002 WSM-1 FY2024 - Water PAYGO Appropriations per City Ordinance 26453-09-2023 FY2024 Amended FY2024 PayGo (includes any YTD PayGo FY2024 Original council Approved This M&C Remaining Adopted actions for/Moved to PayGo PayGo subsequent to Capital Projects Balance budget adoption) I$84,505,035.00 $84,505,035.00I $(75,362,626.38)1$(242,000.00)118,900,408.62 Note: There may be other pending actions or recently approved actions that are not reflected in the table due to timing Appropriations for the W/SS Repl Contract 2019 WSM-1 project are as depicted in the table below: Fund Existing Additional Project Total* Appropriations Appropriations 2022 Bond Program- Fund $70,000.00 $0.00 $70,000.00 34027 W&S Capital Projects - Fund $1,257,971.00 $242,000.00 $1,499,971.00 56002 (Project Total $1,327,971.00 $242,000.00 $1,569,971.00 Funding is budgeted in the Transfer to Water/Sewer account within the Water & Sewer Fund for the purpose of funding the W/SS Repl Contract 2019 WSM-I project within the Water & Sewer Capital Projects Fund. *Numbers rounded for presentation purposes. This project is located in COUNCIL DISTRICT 11. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. Ia&101311111kiU1017LT, /_A0007hilWEN =1:AVIA-A0107hilA The Director of Finance certifies that funds are currently available in the Water and Sewer Fund, and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the W/SS REPL Contract 2019 WSM-1 project to support the above recommendations and execution of the Advance Funding Agreement. Prior to any expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. Submitted for Citv Manaaer's Office by Oriainatina Business Unit Head: Additional Information Contact: Fernando Costa 6122 Chris Harder 5020 April Escamilla 8455