HomeMy WebLinkAboutResolution 2006-059
RESOLUTION NO. 2006-059
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1. THAT The City Manager be, and is hereby authorized to execute the
attached Local Transportation Project Advance Funding Agreement
(CSJ#0902-48-576) for intersection improvements at the intersection of
Davis Boulevard (FM1938) and Mid-Cities Boulevard with the Texas
Department of Transportation as an act and deed of the City.
PASSED AND APPROVED this the 24th day of July, 2006.
By:
o
CITY
George A. Staple City Attorney
APPROVED AS TO CONTENT:
)1JCJ{ C~,
Mike Curtis, Public Works Director
CSJ #0902-48-576
District # 02
Code Chart 64 #30500
Project: Davis Boulevard (FM 1938) at Mid-
Cities Boulevard
Agreement No. 02-184
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For A CMAQ Project
(On State System)
THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of
Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State",
and the City of North Richland Hills, acting by and through its duly authorized officials, hereinafter
called the "Local Government."
WITNESSETH
WHEREAS, a Master Agreement Governing Local Transportation Project Advance Funding
Agreements (MAFA) between the Local Government and the State has been adopted, effective
May 23, 2000, and states the general terms and conditions for transportation projects developed
through this LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 108087 that provides for
the development of, and funding for, the project described herein; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance attached hereto and made a part hereof as Attachment A for development of
the specific project which is identified in the location map shown as Attachment B.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is
agreed as follows:
AGREEMENT
1. The period of this LPAFA is as stated in the MAFA, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the MAFA, without
exception.
3. Amendments to this LPAFA shall be made as described in the MAFA, without exception.
4. Scope of Work
· The development of the PS&E package for the project in accordance with design criteria outlined in
TxDOT's Roadway Desiqn Manual.
· The purchasing of right of way for the project.
· The construction of intersection improvements at the intersection of Davis Boulevard (FM 1938) and
Mid-Cities Boulevard.
5. Right of Way and Real Property shall be acquired under one of the following procedures (check
either a. or b.):
a. _ Purchase by the State. Acquisition of right of way shall be the responsibility of the State,
as stated in the MAFA, without exception, unless otherwise provided in Special Provisions and/or
AFA-LPAFA_OnSys Page 1 of 8 Revised 2/2/06
CSJ #0902-48-576
District # 02
Code Chart 64 #30500
Project: Davis Boulevard (FM 1938) at Mid-
Cities Boulevard
Agreement No. 02-184
Attachment C. A warrant or check in the amount of the Local Government's estimated
participation as reflected in Attachment C, shall be made payable to the Texas Department of
Transportation and transmitted to the State prior to release of the Project by Right of Way
Division, or within thirty (30) days from receipt of the State's written notification, whichever is
earlier.
OR
b. 2L Purchase by the Local Government for the State. Acquisition of right of way shall be
the responsibility of the Local Government, as stated in the MAFA, without exception, unless
otherwise provided in Special Provisions and/or Attachment C.
6. Donations of real property may be credited to the Local Government's funding obligation for cost
of right of way to be acquired for this project. This section shall apply only to projects for
which there is no federal financial assistance and for which the State is responsible for
acquisition of the right of way. Credit for all real property, other than property which is already
dedicated and/or in use as a public road, donated by the Local Government to the State shall be
based on the property's fair market value established as of the effective date of this LPAFA. The
fair market value shall not include increases or decreases in value caused by the project and
should include the value of the land and improvements being conveyed, excluding any damages
to the remainder. The Local Government will provide to the State all documentation to support
the determined fair market value of the donated property. Such documentation shall include an
appraisal of the property by a qualified appraiser, unless the Local Government determines that
an appraisal is unnecessary because the valuation problem is uncomplicated and the fair market
value is estimated at no more than $10,000.00. The cost of appraisal will be the responsibility of
the State. The State will review the submitted documentation and make a final determination of
value; provided however, the State may perform any additional investigation deemed necessary,
including supplemental appraisal work by State employees or employment of fee appraisers.
Credit shall be given only for property transferred at no cost to the State after the effective date
of this LPAFA and the State's issuance of a letter of funding authority, and only for property
which is necessary to complete this project. Credit shall be in lieu of monetary contributions
required to be paid to the State for the Local Government's funding share of the right of way to be
acquired for this project. The total credit cannot exceed the Local Government's matching share
of the right of way obligation under this LPAFA, and credits cannot be reimbursed in cash to the
Local Government, applied to project phases other than right of way, nor used for other projects.
In the event the Local Government's monetary contributions to the State for acquisition of right of
way, when added to its donation credits, exceed the Local Government's matching share of
the right of way obligation, there will be no refund to the Local Government of any portion
of its contributed money.
7. Adjustment of eligible utilities and payment of costs associated with such adjustment shall be
provided by _ the State (or) l Local Government (check the applicable party) and shall be
in accordance with provisions set forth in the MAFA.
8. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement,
without exception.
9. Compliance with Texas Accessibility Standards and ADA will be as stated in the MAFA, without
exception.
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CSJ #0902-48-576
District # 02
Code Chart 64 #30500
Project: Davis Boulevard (FM 1938) at Mid-
Cities Boulevard
Agreement No. 02-184
10. Architectural and Engineering Services will be provided by the Local Government, as stated in the
MAFA , without exception. The State is responsible for performance of any required architectural
or preliminary engineering work. The Local Government may review and comment on the work
as required to accomplish the public purposes of the Local Government. The State will cooperate
fully with the Local Government in accomplishing these local public purposes to the degree
permitted by State and Federal law.
The engineering plans shall be developed in accordance with the applicable State's Standard
Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special
specifications and special provisions related thereto.
In procuring professional services, the parties to this Agreement must comply with federal requirements
cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254,
Subchapter A, in all cases.
Professional services contracts for federally funded projects must conform to federal requirements,
specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA.
and environmental matters.
11. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement,
without exception.
12. Project Maintenance will be undertaken as provided for in the MAFA, without exception.
13. Local Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done
prior to federal authorization will not be eligible for reimbursement. It is the Local
Government's responsibility to verify with the State that the Federal Letter of Authority has
been issued for the work covered by this Agreement.
b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. All right of way Project cost overruns shall be shared in the same cost participation ratios as
apply under this agreement to the applicable cost category. Other overruns are as stated in
the MAFA.
d. The State, without cost to the Local Government, will do the necessary preliminary
engineering. For purposes of this agreement, preliminary engineering includes design
schematics, property descriptions, parcel plats and right of way maps.
e. Unless otherwise provided for in this agreement, payment is as stated in the MAFA. In the .
event the State determines that additional funding is required by the Local Government at any
time during the development of the Project, the State will notify the Local Government in
writing. The Local Government will make payment to the State within thirty (30) days from
receipt of the State's written notification.
f. Whenever funds are paid by the Local Government to the State under this Agreement, the
Local Government shall remit a check or warrant made payable to the "Texas Department of
Transportation Trust Fund." The check or warrant shall be deposited by the State in an
escrow account to be managed by the State. Funds in the escrow account may only be
applied by the State to the Project. If, after final Project accounting, excess funds remain in
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CSJ #0902-48-576
District # 02
Code Chart 64 #30500
Project: Davis Boulevard (FM 1938) at Mid-
Cities Boulevard
Agreement No. 02-184
the escrow account, those funds may be applied by the State to the Local Government's
contractual obligations to the State under another advance funding agreement.
g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or replats, result in increased costs,
then any increased costs associated with the ordinances or changes will be paid by the local
government. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities.
h. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
14. Document and Information Exchange. The Local Government agrees to electronically deliver to
the State all general notes, specifications, contract provision requirements and related
documentation in a Microsoft® Word or similar document. If requested by the State, the Local
Government will use the State's document template. The Local Government shall also provide a
detailed construction time estimate including types of activities and month in the format required
by the State. This requirement applies whether the Local Government creates the documents
with its own forces or by hiring a consultant or professional provider.
15. Incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant provisions
of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this
LPAFA, unless such MAFA provision is specifically excepted herein. Any conflict between the
terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA.
16. Insurance. If this agreement authorizes the Local Government or its contractor to perform any
work on State right of way, before beginning work the entity performing the work shall provide the
State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the
existence of coverage in the amounts and types specified on the Certificate of Insurance for all
persons and entities working on State right of way. This coverage shall be maintained until all
work on the State right of way is complete. If coverage is not maintained, all work on State right
of way shall cease immediately, and the State may recover damages and all costs of completing
the work.
17. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalf of the party represented.
18. Special Provisions. _N/A
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CSJ #0902-48-576
District # 02
Code Chart 64 #30500
Project: Davis Boulevard (FM 1938) at Mid-
Cities Boulevard
Agreement No. 02-184
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
Name
Printed Name and Title
Date
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
By:
Janice Mullenix
Director of Contract Services Section
Office of General Counsel
Texas Department of Transportation
Date:
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CSJ #0902-48-576
District # 02
Code Chart 64 #30500
Project: Davis Boulevard (FM 1938) at Mid-
Cities Boulevard
Agreement No. 02-184
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
AF A-LPAF A_ OnSys
Page 6 of 8
Revised 2/2/06
ATTACHMENT B
CSJ #0902-48-576
District # 02
Code Chart 64 #30500
Project: Davis Boulevard (FM 1938) at Mid-
Cities Boulevard
Agreement No. 02-184
PROJECT LOCATION MAP
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Revised 2/2/06
Excerpt from FY2005/06 CIP Budget
13 Jul 05 10:55 GIS_0527 S_DavisMidCitiesJntersect.mxd
Davis Blvd.lMid-CitiesIBlvd;
Intersection (TEA-21)
a::
CI
Scale: 1" = 800'
Davis Blvd.!
Mid-Cities Blvd.
Intersection
(TEA-21 )
N
w.'
s
N@RTH
RICHLAND
-~-~_.._-_._,~-
HILLS
Project Locator Map
Information Services Department· GIS
CSJ #0902-48-576
District # 02
Code Chart 64 #30500
Project: Davis Boulevard (FM 1938) at Mid-
Cities Boulevard
Agreement No. 02-184
ATTACHMENT C
BUDGET ESTIMATE AND SOURCE OF FUNDS
Total Federal
Description Estimate Participation Local Participation
Cost
% Cost % Cost Additional
Cost
y, .....; ·R(~I.i~i~·~w,t;.~giÞ~~riñg:i~Þ·ª.~lg.t1tQf·W.åY·.')·:; ,;";-:+ti",'::-;,:; " " '~¡'- "',- ',' - .'
;:~J ;,:j ,. ,",«, x:; ""';,' ; ';"'::"'':'-;':,'',
, ,;"."., ". ~ . -, .
Environmental $141 ,390 80% $1 13,1 12 20% $28,278 $0
Plans, $166,000 80% $1 32,800 20% $33,200 $0
Specifications and
Estimates
Total PS&E $307,390 $245,912 $61 ,478 $0
.... , .., /CQNST:RQCTIONCQSTS'. . ", ....
~-, . "
;.. .' .... " ...... . .'
Estimated $942,600 80% $ 586,088 20% $146,522 $209,990
Construction Cost
Direct State Costs $ 65,982 $ 52,786 $1 3,196
at 7% (including
plan review,
inspection and
oversiqht)
First Payment due $36,971
upon execution of
Agreement at 10%
Final Payment Due $ 332,738
60 days Prior to
letting
Total Construction $1 ,008,582 $ 638,874 $ 369,708
PROJECTTOTAL $ .1,31!),972 $88.4,786 . $i431,186
'. .. .. .
Total participation required from the Local Government = $431,186
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