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HomeMy WebLinkAboutItem 01 - Bass Pro Drive Bridgef MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER MEETING DATE: APRIL 4, 2000 SUBJECT: FUNDING AGREEMENT — BASS PRO DRIVE BRIDGE FUNDING WITH TXDOT RECOMMENDATION: City Council consider approving Advanced Funding Agreement No. 02-364-1-110 with TxDOT in the amount of $538,123.00 for the City's participation in the construction of the Bass Pro Drive Bridge Improvements over State Highway 121, authorize City Manager to execute said agreement, and take any necessary action. FUNDING SOURCE: Funds are currently available in the Bass Pro Drive Project, Account No. 178-78348- 008. Bridge Construction Bridge Approaches Plans, Specs & Estimates PS & E Review by TxDOT Engineering & Construction Signals TOTAL Percentage TxDOT City Total % $ 1,002,390 $ 500,000 $ 1,502,390 60.9 95 GO Bonds $ 174,309 $ 266,286 $ 440,595 17.8 Existing Contract $ 0 $ 206,341 $ 206,341 8.4 Existing Contract $ 0 $ 6,409 $ 6,409 0.3 95 GO Bonds $ 142,385 $ 32,517 $ 174,902 7.1 95 GO Bonds $ 0 $ 138,236 $ 138,236 5.5 Existing Contract $ 1,319,084 $1,149,789 $ 2,468,873 100.0 53.6% 46.4% 100% March 29, 2000 (8:41 AM) BACKGROUND: During the development of the Bass Pro Drive widening project, the City included the design of the Bass Pro Drive bridge -widening project in its contract with HDR, Inc. (the engineer on this project). Subsequently, the City committed an additional figure of $532,517 (construction & engineering costs) to TxDOT for participation in the construction of the bridge widening to encourage the Texas Transportation Commission to approve this bridge project, which at the time was not in their existing funding plans. On March 12, 1999, the City Council adopted a Resolution approving Texas Transportation Commission Minute Order Number 107736 regarding the Bass Pro Drive Bridge Funding in a total amount of $1,143,380.00. This figure included the costs for the construction of the bridge approaches, preparation of plan specifications and estimates, engineering and construction management and traffic signals as well as the City's bridge construction participation of $532,517. All the funds were spent on the Bass Pro Drive Project with the exception of the $532,517 for the bridge construction. The proposed agreement figure of $538,123 represents the bridge construction participation cost of $532,517 plus an additional $6,409 in costs incurred by TxDOT to review the plans prepared by our consultant. This review is a common charge from TxDOT and represents only a 0.6% increase in the City's participation for the bridge improvements and can be funded from the Bass Pro Drive Contingency Balance. Staff recommends approval. JSL/dsm 0:\agenda\032800\BassPro—Funding March 29, 2000 (12:50PM) Agreement No. 02-364-1-110 County: Tarrant CSJ: 0364-01-110 Project Number: C364-1-110 I V IM 103 K-74 V OKI] a V THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Z-� Department of Transportation, hereinafter called the State, and the City of Grapevine, acting by and through its City Council, hereinafter called the Outside Entity. WITNESSETH WHEREAS, Transportation Code 3201 et. seq. and Transportation Code 3221.001 authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Commission Minute Order Number 107736 authorizes the State to undertake and complete a highway improvement generally described as providing funding for the PS&E package and the construction of Bass Pro Drive Bridge over State Highway 121 (SH 121); and, WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to participate in said improvement by funding that portion of the improvement described as providing funding for the PS&E package and the construction of Bass Pro Drive Bridge over SH 121 herein after called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; 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, the State and the Outside Entity do agree as follows: Page 1 of 4 AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Outside Entity will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding The State will authorize performance of only those Project items of work which the Outside Entity has requested and has agreed to pay for as described in Payment Provision and Work Responsibilities, Attachment A, which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Outside Entity and will be carried out and completed by the Outside Entity, at no cost to the State. Texas Government Code Chapter 2106 requires the State to recover indirect costs associated with this agreement. The indirect cost will be calculated based on prevailing rates as determined through the State's Indirect Cost Recovery Program. i Article 3. Termination This agreement may be terminated in the following manner: ♦ mutual written agreement and consent of both parties. ♦ by either party upon the failure of the other party to fulfill the obligations set forth herein. ♦ by the State if it determines that performance of the Project is not in the best interests of the State. If the contract is terminated in accordance with the above provisions, the Outside Entity will be responsible for the payment of Project costs incurred by the State on behalf of the Outside Entity up to the time of termination. Article 4. Right of Access If the Outside Entity is the owner of any part of the Project site, the Outside Entity shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. The Outside Entity will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Page 2 of 4 Article 5. Responsibilities of the Parties The Outside Entity acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. Article 6. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the local Outside Entity and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 7. Successors and Assigns The State and the Outside Entity each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 8. Amendments By mutual written consent of the parties, this contract may be amended prior to the expiration of this contract. Article 9. Interest The State will not pay interest on funds provided by the Outside Entity. Funds provided by the Outside Entity will be deposited into, and retained in, the State Treasury. Article 10. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the construction is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 11. Increased Costs In the event it is determined that the funding provided by the Outside Entity will be insufficient to cover the State's cost for performance of the Outside Entity's requested work, the Outside Entity will pay to the State the additional funding necessary to cover the anticipated additional cost. The State shall send the Page 3 of 4 Outside Entity a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Outside Entity shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Outside Entity cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 3 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Outside Entity. Article 12. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the entity they represent. IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Certified as being executed 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 under the authority of Minute Order 100002. By District Engineer Date Name of the Outside Entity: City of Grapevine in Typed or Printed Name and Title IM For the purpose of this agreement, the addresses of record for each party shall be: For the Outside Entity: Mr. Roger Nelson, City Manager City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 For the Texas Department of Transportation: Mr. Steven E. Simmons, P.E., District Engineer Texas Department of Transportation P.O. Box 6868 Fort Worth, Texas 76108 Page 4 of 4 Attachment A Payment Provisions and Work Responsibilities Description of the Cost of the Items of Work In accordance with Minute Order 107736 approved by the Texas Transportation Commission January 29, 1999 and accepted by the Grapevine City Council by Resolution 99-14 on March 2, 1999 the State and the City agree to the following: The State will be responsible for the construction of Bass Pro Drive Bridge over SH 121 and will provide funding for the project in the amount of $1,319,000. The Outside Entity will be responsible for providing funding for the PS&E package (up to $345,000) and funding for the construction of Bass Pro Drive Bridge over SH 121, less the construction of the bridge approaches which have been completed by the Outside Entity. Therefore the total amount of funding the Outside Entity is responsible for is $538,123 A breakdown of the cost is as follows: Review of PS&E package: $ +6,409 Construction Funding: +798,000 Less Bridge Approaches: -266,286 Total: $538,123 The Schedule of Payments One payment in the amount of $538,123 will be paid to the State upon the return of the Advance Funding Agreement from the Outside Entity. The Outside Entity will remit a cashiers check made payable to the Texas Department of Transportation in the amount of $538,123 will be used in payment for the proposed work. Actual Cost Agreement In the Event it is determined that the funding provided by the Outside Entity is insufficient to cover the State's costs for the construction of the Project, the Outside Entity will within 30 days from the receipt of the State's Written notification provide the additional funding to cover the State's anticipated additional costs. Upon completion of the Project, the State will perform an audit of the costs and any funds due to the Outside Entity will be promptly returned. " GENERAL GOVERNMENT CAPITAL PROJECTS 1 BASS PRO BOULEVARD CONSTRUCTION PROJECT DESCRIPTION Design and construction of a four -lane divided roadway from State Highway 26 to the northbound frontage road of State Highway 121. PROJECTSCHEDULE B m End Design Sep -97 Jun -98 Construction Aug -98 Feb -99 FISCAL IMPACT IMPACT ON OPERATING BUDGET Operating budget impact includes the cost of periodic street sweeping, electricity for street lights, maintenance of road markings, sealing of joints in the pavement, and maintaining parkways and medians. Projected Annual Operating Impact FY -2000 Budget FY -2001 Planned FY -2002 Planned Total Project LTD Budget Planned Project' !Expenses 09130/99 FY -2000 FY -2001 FY -2002 FY -2003 FY -2004 Cost Design 369,338 24,218 0 Maintenance 393,556 Construction 1,654,305 5,813 5,813 20,630 Services 975 1,654,305 Contingency 975 248,084 4,875 Capital Outlay i 248,084 TxDOT 538,123 Total 1 $2,595 1 $2,5981 $6,736 1 538,123 TOTAL: $2,023,643 $810,425 $0 $0 $0 $0 $2,834,068 Funding Source 271,261 810,425 1,081,686 1995 GO Bonds 1995 Ec Dev Bonds 100,892 100,892 1996 Ec Dev Bonds 699,108 699,108 Dev Particip. 827,382 827,382 1996 Utility Bonds 125,000 125,000 TOTAL: $2,023,643 $810,425 $0 $0 $0 $0 $2,834,068 IMPACT ON OPERATING BUDGET Operating budget impact includes the cost of periodic street sweeping, electricity for street lights, maintenance of road markings, sealing of joints in the pavement, and maintaining parkways and medians. Projected Annual Operating Impact FY -2000 Budget FY -2001 Planned FY -2002 Planned FY 2003 Planned Y-2004 Planned Total Personnel Expenses 0 Supplies 0 Maintenance 1,620 1,623 5,761 5,813 5,813 20,630 Services 975 975 975 975 975 4,875 Capital Outlay i 0 Total 1 $2,595 1 $2,5981 $6,736 1 $6,788 1 $6,788 $25,505