HomeMy WebLinkAboutContract 43373-A1 OOYO/
CSJ #0902-48-722
District#02-Fort Worth
CITY SECRETARY Q Code Chart 64# 15000
CONTRACT NO. ! 1 ' Project: Chapel Creek Boulevard
@ I H-30
Federal Highway Administration:
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
AMENDMENT #1
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.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on May 24, 2012 to effectuate
their agreement to conduct a traffic study and performing engineering, environmental, right of way
and utilities for the addition of four thru vehicle lanes, two bicycle lanes, complete with sidewalks,
ADA ramps, safety lighting, retaining walls, pavement markings, bike signage, frontage road
improvements, and the installation of traffic signals; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this
Amendment by resolution or ordinance dated February 16, 2016, which is attached to and made a
part of this agreement as Attachment A.
WHEREAS, it has become necessary to amend that contract;
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
I. Attachment C, Project Budget Estimate and Source of Funds, of the original contract is deleted
in its entirety, and replaced with Attachment C-1, Project Budget Estimate and Source of Funds,
attached to this amendment. The construction funds for this project have been added to
Attachment C-1.
EFT. WORTH,ECORD
1 TARY
TX
AFA—AFA—Amend Page 1 of 9 Revised 09/18/14
CSJ # 0902-48-722
District# 02-Fort Worth
Code Chart 64# 15000
Project: Chapel Creek Boulevard
@ IH-30
Federal Highway Administration:
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
II. 4. Scope of Work description is deleted in its entirety and replaced with:
The scope of work for this LPAFA is described as performing engineering, environmental, right
of way, utilities and construction of the new six lane bridge with four thru lanes, two left turn
lanes and a separate u-turn bridge to include right-turn lanes, approaches, pedestrian,
signalization, lighting and retaining wall improvements.
III. 10. Construction Responsibilities description is deleted in its entirety and replaced with:
Construction responsibilities will be carried out by the State as stated in the Master Agreement.
IV. 12. Local Project Sources and Uses of Funds is deleted in its entirety and replaced with:
A. A Project Budget Estimate is provided in Attachment C. The State and the Federal
Government will not reimburse the Local Government for any work performed before
the federal spending authority is formally obligated to the Project by the Federal
Highway Administration. After federal funds have been obligated, the State will send to
the Local Government a copy of the formal documentation showing the obligation of
funds including federal award information. The Local Government is responsible for
one hundred percent (100%) of the cost of any work performed under its direction or
control before the Federal spending authority is formally obligated.
B. If the Local Government will perform any work under this contract for which
reimbursement will be provided by or through the State, the Local Government must
complete training before federal spending authority is obligated. Training is complete
when at least one individual who is working actively and directly on the Project
successfully completes and receives a certificate for the course entitled Local
Government Project Procedures and Qualification for the Texas Department of
Transportation. The Local Government shall provide the certificate of qualification to
the State. The individual who receives the training certificate may be an employee of
the Local Government or an employee of a firm that has been contracted by the Local
Government to perform oversight of the Project. The State in its discretion may deny
reimbursement if the Local Government has not designated a qualified individual to
oversee the Project.
C. A Source of Funds estimate based on the Transportation Improvement Program (TIP)
is also provided in Attachment C. Attachment C shows the percentage and estimated
dollar amount to be contributed to the project by federal, state, and local sources. The
parties agree that the LPAFA may be amended from time to time as required to meet
the funding commitments based on revisions to the TIP, Federal Project Authorization
and Agreement (FPAA), or other federal document.
D. The Local Government is responsible for all non-federal and non-state funding, unless
otherwise provided for in this agreement or through amendment of this agreement.
Where Special Approval has been granted by the State, the Local Government shall
only in that instance be responsible for overruns in excess of the amount to be paid by
the Local Government.
E. Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment C. At a minimum,
AFA—AFA—Amend Page 2 of 9 Revised 09/18/14
CSJ #0902-48-722
District#02-Fort Worth
Code Chart 64# 15000
Project: Chapel Creek Boulevard
@ I H-30
Federal Highway Administration:
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
this amount shall equal the Local Government's funding share for the estimated cost of
preliminary engineering for the project. At least sixty (60) days prior to the date set for
receipt of the construction bids, the Local Government shall remit its remaining
financial share for the State's estimated construction oversight and construction costs.
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." The check or warrant shall be deposited by the State
and managed by the State. Funds may only be applied by the State to the Project. If
after final Project accounting any excess funds remain, those funds may be applied by
the State to the Local Government's contractual obligations to the State under another
advance funding agreement with approval by appropriate personnel of the Local
Government.
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. When Special Approval has been granted by the State so that the Local Government
bears the responsibility for paying cost overruns, the Local Government shall make
payment to the State within thirty (30) days from receipt of the State's written
notification of those amounts.
I. The state auditor may conduct an audit or investigation of any entity receiving funds
from the State directly under this contract or indirectly through a subcontract under this
contract. Acceptance of funds directly under this 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. Any 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.
J. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
K. The Local Government is authorized to submit requests for reimbursement by
submitting the original of an itemized invoice in a form and containing all items required
by the State no more frequently than monthly and no later than ninety (90) days after
costs are incurred. If the Local Government submits invoices more than ninety (90)
days after the costs are incurred, and if federal funding is reduced as a result, the State
shall have no responsibility to reimburse the Local Government for those costs.
AFA—AFA_Arnend Page 3 of 9 Revised 09/18/14
CSJ #0902-48-722
District# 02-Fort Worth
Code Chart 64# 15000
Project: Chapel Creek Boulevard
@ IH-30
Federal Highway Administration:
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
V. 16. Debartment Certification description is deleted in its entirety and replaced with:
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549, "Debarment and Suspension." By executing this
Agreement, the Local Government certifies that it and its principals is not currently debarred,
suspended, or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549 and further certifies that it will not do business with
any party, to include principals, that is currently debarred, suspended, or otherwise excluded
from or ineligible for participation in Federal Assistance Programs under Executive Order
12549. The parties to this contract shall require any party to a subcontract or purchase order
awarded under this contract to certify its eligibility to receive federal funds and, when
requested by the State, to furnish a copy of the certification.
VI. 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements
description is deleted in its entirety and replaced with:
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and
allocable to the Project.
VII. 19. Civil Rights Compliance is deleted in its entirety and replaced with the following:
A. Compliance with Regulations: The Local Government will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S.
Department of Transportation, the Federal Highway Administration, as they may be
amended from time to time.
B. Nondiscrimination: The Local Government, with regard to the work performed by it
during the contract, shall not discriminate on the grounds of race, color, sex, or national
origin in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The Local Government will not participate directly
or indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program set
forth in Appendix B of 45 CFR Part 21.
C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the Local
Government for work to be performed under a subcontract, including procurement of
materials or leases of equipment, each potential subcontractor or supplier shall be
notified by the Local Government of the Local Government's obligations under this
contract and the Acts and Regulations relative to Nondiscrimination on the grounds of
race, color, or national origin.
D. Information and Reports: The Local Government shall provide all information and
reports required by the Acts, the Regulations, and directives issued pursuant thereto,
and will permit access to its books, records, accounts, other sources of information,
and facilities as may be determined by the State or the Federal Highway Administration
AFA—AFA_Amend Page 4 of 9 Revised 09/18/14
CSJ #0902-48-722
District#02-Fort Worth
Code Chart 64# 15000
Project: Chapel Creek Boulevard
@ IH-30
Federal Highway Administration:
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
to be pertinent to ascertain compliance with such Acts, Regulations or directives.
Where any information required of the Local Government is in the exclusive
possession of another who fails or refuses to furnish this information, the Local
Government will so certify to the State or the Federal Highway Administration, as
appropriate, and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance
with the Nondiscrimination provisions of this contract, the State will impose such
contract sanctions as it or the Federal Highway Administration may determine to be
appropriate, including, but not limited to:
a. withholding of payments to the Local Government under the contract until the Local
Government complies and/or
b. cancellation, termination, or suspension of the contract, in whole or in part.
F. Incorporation of Provisions: The Local Government will include the provisions of
paragraphs (A) through (E) in every subcontract, including procurement of materials
and leases of equipment, unless exempt by the Acts, the Regulations and directives
issued pursuant thereto. The Local Government will take such action with respect to
any subcontract or procurement as the State or the Federal Highway Administration
may direct as a means of enforcing such provisions including sanctions for
noncompliance provided, however, that in the event an Local Government becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as a result
of such direction, the Local Government may request the Texas Department of
Transportation to enter into such litigation to protect the interests of the State; and, in
addition, the Local Government may request the United States to enter into such
litigation to protect the interests of the United States.
VIII. 20. Disadvantage Business Enterprise (DBE) Program Requirements description is deleted in
its entirety and replaced with:
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
B. The Local Government shall adopt, in its totality, the State's federally approved DBE
program.
C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE
guidelines and in consideration of the local market, project size, and nature of the goods or
services to be acquired. The Local Government shall have final decision-making authority
regarding the DBE goal and shall be responsible for documenting its actions.
D. The Local Government shall follow all other parts of the State's DBE program referenced in
TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas
Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by
Entity, and attachments found at web address
http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf.
E. The Local Government shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of any U.S. Department of Transportation (DOT)-
assisted contract or in the administration of its DBE program or the requirements of 49 CFR
AFA—AFA—Amend Page 5 of 9 Revised 09/18/14
CSJ # 0902-48-722
District# 02-Fort Worth
Code Chart 64# 15000
Project: Chapel Creek Boulevard
@ IH-30
Federal Highway Administration:
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
Part 26. The Local Government shall take all necessary and reasonable steps under 49
CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted
contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by
DOT, is incorporated by reference in this agreement. Implementation of this program is a
legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the Local Government of its failure to carry out its
approved program, the State may impose sanctions as provided for under 49 CFR Part 26
and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
F. Each contract the Local Government signs with a contractor (and each subcontract the
prime contractor signs with a sub-contractor) must include the following assurance: The
contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of DOT-
assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this agreement, which may result in the termination of this agreement or such
other remedy as the recipient deems appropriate.
IX. 21. Federal Funding Accountability and Transparency Act Requirements is deleted in its
entirety and replaced with:
A.Any recipient of funds under this Agreement agrees to comply with the Federal Funding
Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part
170, including Appendix A. This agreement is subject to the following award terms:
http://www.gpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and
http://www.qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pd f
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM) number
(Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than
$25,000 in Federal funding. The SAM number may be obtained by visiting the SAM
website whose address is: https://www.sam.gov/portal/public/SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a
unique nine-character number that allows the Federal government to track the
distribution of federal money. The DUNS number may be requested free of charge for all
businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line
registration website http://fedgov.dnb.com/webform; and
3. Report the total compensation and names of its top five (5) executives to the State if:
i. More than 80% of annual gross revenues are from the Federal government, and those
revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the
U.S. Securities and Exchange Commission.
AFA—AFA_Amend Page 6 of 9 Revised 09118/14
CSJ #0902-48-722
District# 02-Fort Worth
Code Chart 64 # 15000
Project: Chapel Creek Boulevard
@ IH-30
Federal Highway Administration:
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
X. 22. Single Audit Report description is deleted in its entirety and replaced with:
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-
502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200.
B. If threshold expenditures are met during the Local Government's fiscal year, the Local
Government must submit a Single Audit Report and Management Letter (if applicable)
to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT's
Audit Office at http://www.txdot.gov/inside-txdot/office/audivcontact.html. If threshold
expenditures of$750,000 or more are met during the fiscal year, the Local Government
must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's
Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at
http://www.txdot.gov/inside-txdoVoffice/audiVcontact.html.
C. If expenditures are less than the threshold during the Local Government's fiscal year,
the Local Government must submit a statement to TxDOT's Audit Office as follows: "We
did not meet the $ expenditure threshold and therefore, are not required to
have a single audit performed for FY "
D. For each year the project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above. The
required annual filing shall extend throughout the life of the agreement, unless
otherwise amended or the project has been formally closed out and no charges have
been incurred within the current fiscal year.
XI. Article 22.A is added with the following:
Non-Discrimination Provisions
A. Relocation Assistance: The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, (42 U.S.C. § 4601), prohibits unfair treatment of persons displaced or
whose properly has been acquired because of Federal or Federal-aid programs and
projects.
B.Disability:
a. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et. Seq.), as amended,
prohibits discrimination on the basis of disability; and 49 CFR Part 27.
b. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on
the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131-12189) as implemented by the Department of Transportation regulations at 49
C.F.R. parts 37 and 38.
C.Age: The Age Discrimination Act of 1974, as amended, (42 U.S.C. § 6101 et. Seq.),
prohibits discrimination on the basis of age.
D.Race, Creed, Color, National Origin, or Sex:
a. The Airport and Airway Improvement Act of 1982 (49 U.S.C. § 4.71, Section 4.7123), as
amended, prohibits discrimination based on race, creed, color, national origin, or sex.
b. The Federal Aviation Administration's Nondiscrimination state (4 U.S.C. § 47123)
prohibits discrimination on the basis of race, color, national origin, and sex.
AFA—AFA—Amend Page 7 of 9 Revised 09/18/14
CSJ # 0902-48-722
District# 02-Fort Worth
Code Chart 64# 15000
Project: Chapel Creek Boulevard
@ I H-30
Federal Highway Administration:
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
c. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et. seq.), prohibits discrimination on
the basis of sex.
d. Title IX of the Education Amendments of 1972, as amended, prohibits discrimination
because of sex in education program or activities (20 U.S.C. 1681 et. seq.).
E. Civil Rights Restoration Act: The Civil Rights Restoration Act of 1987 (PL 100-209),
Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,
The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs and activities" to include all of the programs
or activities of the Federal-aid recipients, subrecipients and contractors, whether such
programs or activities are Federally funded or not.
F. Minority Populations: Executive Order 12898, Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, which ensures non-
discrimination against minority and low-income populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations.
G. Limited English Proficiency: Executive Order 13166, Improving Access to Services for
Persons with Limited English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of limited English proficiency (LEP). To
ensure compliance with Title VI, the Engineer must take reasonable steps to ensure that
LEP persons have meaningful access to its programs (70 Fed. Reg. at 74087 to 74100).
All other provisions of the original contract are unchanged and remain in full force and effect.
AFA—AFA_Amend Page 8 of 9 Revised 09/18/14
CSJ #0902-48-722
District#02-Fort Worth
Code Chart 64# 15000
Project: Chapel Creek Boulevard
@ IH-30
Federal Highway Administration:
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
2. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT:
F FORA
A ST: p City of Fort Worth
By
ity Secretary sus J. C pa
;
AS Assistant City Manager
APPROVED AS TO FORM AND LEGALITY APPROVAL RECOMMENDED
By By L).
Assistant City Attorney Dougl4 W. Wiersig, P.E.
Director
Transportation and Public Works
2 -16- 16
Date:
THE STA TEXA
Kenneth Stewart
Director of Contract Services
Texas Department of Transportation
OFFICIAL RECORD
Date / C� CITY SECRETARY
FT. WORTH, TX
AFA—AFA Amend Page 9 of 9 Revised 09/18/14
CSJ # 0902-48-722
District#02-Fort Worth
Code Chart 64 # 15000
Project: Chapel Creek Blvd. @ IH-30
Federal Highway Administration:.
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
ATTACHMENT A
RESOLUTION OR ORDINANCE
A Resolution
NO.4599-02-2016
A RESOLUTION AUTHORIZING THE EXECUTION OF AMENDMENT 1 TO AN
ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF
TR S N-$PORTATION IN THE AMOUNT OF $13,979,372, WITH CITY
PARTICIPATION IN THE AMOUNT OF $4,033,064, FOR CONSTRUCTION OF
THE CHAPEL CREEK BRIDGE OVER 111 30 FROM TWO TO FOUR THRU
LANES, TWO DEDICATED LEFT TURN LANES, ONE U-TURN LANE TO
INLCUDE RIGHT-TURN LANES AND SIGNALS, ILLUMINATION AND
PEDESTRIAN IMPROVEMENTS
WHEREAS,the City of Fort Worth identified the need to widen Chapel Creek Bridge over Ill
30 from 2 lame to I lanes with additional roadway and pedestrian improvermonto,and
WHEREAS,On April 13,2006,the North Central Texas Council of Governments(NCTCOG)—
Regional Transportation Council (RTC) approvod an award undor tho RTC Parmotriltip Program #3
Strategic Funding Program for Chapel Creek Bridge improvements over 1H 30;and
WHEREAS, tho City of Fort Worth b roopnrniblo for tho 2096 local match under the RTC
Partnembip Program#3—Strategic Funding Program;and
WHEREAS, On May 26, 2011, the Texas Transportation Commission passed Minute Order
112696 that provides for the development of,and fitnding for,the Chapel Creek Bridge project;and
WHEREAS,On May 24,2012,the Texas Department of Transportation and City of Fort Worth
executed a Local Project Advance Funding Agreement in the amount of$1,650.059,of which$309,016
was City participation,to effectuate their agreement to conduct a traffic'study and perform engineering,
environmental, right-of-way and utilities for additional thru vehicle lanes, bike lanes, sidewalks, ADA
improvements, installation of traffic signals,safety lighting,retaining walls and pavement markings for
the Chapel Creek Bridge project(City Secretary No.43373,M&C C-25607);and
WHEREAS, it has become necessary to amend the Agreement to include additional City
funding as well as Federal and State funds for construction of the Chapel Creek Bridge project;and
WHEREAS,the City of Fort Worth desires to enter into Amendment No. 1 to the LxK;id Project
Advance Funding Agreement with the Texas Department of Transportation for construction of the
Chapel Creek Bridge over IH 30 ftunt twu-hutmi to futu d a u hues, lwu dWicaletl loll turn.lames,One U-
turn lane to include right-turn lanes and signals,illumination and pedestrian improvements.
AFA-LPAFA ShortGen.doc Page 1 of 2 Attachment A
CSJ # 0902-48-722
District# 02-Fort Worth
Code Chart 64 # 15000
Project: Chapel Creek Blvd. @ IH-30
Federal Highway Administration:
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
ATTACHMENT A
RESOLUTION OR ORDINANCE
(CON'T)
NOW THEREFORE,HERFFORE,13E IT RESOLVF.n BY THE CITY COUNCIL OF THE CITY OF
FORT NYORTH TIIAT:
'I he City Manager is herchy authorised to execute Amendment I to the Local Transportation
Proicet Advance Funding Agreement with the I exits Department of 7 ransportation in the amount of
$13,978.372. with City patticipatiun in the atnuunt of$4,033,061. tier construction of the Chapel Creek
Bridge widening pr<ijeet over Ill 30 from two lanes to four lanes, two dedicated left turn lanes, one IJ-
turn lane to include right-turn lanes and signals.illumination and pedestrian improvements.
Adopted this Iq"' day of February, 2016.
A'I"I FS'1 : Q OR
T�oovaa�
J nit
� 1 1 / fe � Od
By: � �X
0
i
..Mary J. kiyser, City Necretary
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a R k�so o ,00
AS44o
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AFA-LPAFA ShortGen.doc Page 2 of 2 Attachment A
CSJ # 0902-48-722
District# 02-Fort Worth
Code Chart 64# 15000
Project: Chapel Creek Blvd. @ IH-30
Federal Highway Administration:
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
ATTACHMENT C-1
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the
federal funding reaches the maximum obligated amount. The Local Government will then be responsible
for 100% of the costs.
Work Performed by the Local Government
Description Total Est. Federal Payments by Local Participation
Cost Funding State
% Cost % Cost % Cost
Environmental $240,000 80% $192,000 0% $0 20% $48,000
Right of Way $325,000 0% $0 0% $0 100% $325,000
Utilities $275,000 0% $0 0% $0 100% 275,000
Engineering $604,000 80% $483,200 0% $0 20% $120,800
Work Performed by the State
Description Total Est. Federal State Payments by Local
Cost Funding Participation Gov't
% Cost % Cost % Cost
Construction (Federal funds) $9,822,150 80%$7,857,720 0% $0 20% $1,964,430
Construction (Local funds) 11F $989,000 0% $0 0% $0 1000/o $989,000
State Costs for Review, Ins ection, and Oversight of Work Performed by the Local Government
Description Total Est. Federal State Payments by Local
Cost Funding Participation Gov't
% Cost % I Cost % Cost
Environmental Direct State Costs (7%) $16,800 80% $13,440 0% $0 20% $3,360
Right of Way Direct State Costs $4,200 0% $0 0% $0 100% $4,200
Engineering Direct State Costs (7%) $42,280 80% $33,824 0% $0 1 20% $8,456
Utility Direct State Costs $4,200 0% $0 1 0% $0 1 100% 1 $4,200
Construction Direct State Costs, $966,500 80% $773,200 0% $0 20% $193,300
Federal funds (9.84%
Construction Direct State Costs, Local $97,318 0% $0 0% $0 100% $97,318
funds 9.84%
111ndirect State Costs 4.83%) $591,924 0% $0 11100%1$591,9241 0% 1 $0
TOTAL $13,978,372 1$9,353,38411 1$591,924 $4,033,064
Local Government has already paid to the State: $20,216.00
Payment by the Local Government to the State before construction: $3,244,048.00
Estimated total payment by the Local Government to the State $3,264,264.00
This is an estimate. The final amount of Local Government participation will be based on actual costs.
AFA-LPAFA ShortGen.doc Page 1 of 1 .Attachment C-1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/16/2016 - Resolution No. 4599-02-2016
DATE: Tuesday, February 16, 2016 REFERENCE NO.: C-27627
LOG NAME: 20CHAPEL CREEK BRIDGE AMENDMENT 1
SUBJECT:
Adopt Resolution Authorizing Execution of Amendment No. 1 to a Funding Agreement with the Texas
Department of Transportation in the Amount of$13,978,372.00, of Which City Participation is
$4,033,064.00, to Incorporate the Construction Phase of the Chapel Creek Boulevard Bridge Over IH-30
and Authorize Payment to the Texas Department of Transportation in the Amount of$3,244,048.00, in
Accordance with the Funding Agreement (2014 BOND PROGRAM) (COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution authorizing execution of Amendment No. 1 to a Funding Agreement with
the Texas Department of Transportation in the amount of$13,978,372.00, of which City participation is
$4,033,064.00, to incorporate the construction phase of the Chapel Creek Boulevard Bridge over I1-1-30;
and
2. Authorize a payment to the Texas Department of Transportation in the amount of$3,244,048.00, in
accordance with the Funding Agreement.
DISCUSSION:
On April 13, 2006, the North Central Texas Council of Governments (NCTCOG) - Regional Transportation
Council (RTC) approved an award under the RTC Partnership Program No. 3 - Strategic Funding Program
in the amount of$2,208,000.00 for the improvement of Chapel Creek Boulevard Bridge over I1-1-30. Due
to the financial constraint of Federal funds, funding was not available for the construction phase.
On May 8, 2012, (M&C C-25607) the City Council authorized execution of a Funding Agreement with the
Texas Department of Transportation (TxDOT) in the amount of$1,650,059.00 for engineering,
environmental, right-of-way and utilities to widen Chapel Creek Bridge from two to four through lanes, two
dedicated left turn lanes, one U-turn lane to include right-turn lanes and signals, illumination and
pedestrian improvements. An initial payment was paid to TxDOT in the amount of$20,216.00 for its staff
to conduct review and oversight of these project phases.
Staff working with NCTCOG and TXDOT crafted a funding partnership to secure additional Federal and
State funds in the amount of$9,945,308.00 for the construction phase of the Chapel Creek Bridge. The
additional required local match of$3,244,048.00 will come from the 2014 Bond Program for a total local
match of$3,264,264.00. Additionally, the City will be responsible for engineering, environmental, right-of-
way, utilities, contingencies and staff costs in the amount of$1,268,800.00 for a total City participation in
the amount of$4,533,064.00.
Staff recommends adoption of the attached resolution authorizing the Funding Agreement with TxDOT to
reconstruct the Chapel Creek Bridge in the total amount of$13,978,372.00 plus contingencies, which
Logname: 20CHAPEL CREEK BRIDGE AMENDMENT 1 Page 1 of 3
includes $9,945,308.00 in Federal/State funds, $644,016.00 in 2008 Bond Program funds and
$3,889,048.00 in 2014 Bond Program funds.
This project is included in the 2014 Bond Program. Available resources within the General Fund will be
used to provide interim financing for these expenses until debt is issued. Once debt associated with this
project is sold, bond proceeds will reimburse the General Fund, in accordance with the statement
expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond
election - Ordinance No. 21241-05-2014.
CHAPEL CREEK BRIDGE FUNDING:
Description FEDERAL STATE CITY TOTAL
Engineering $ 483,200.00 $ 0.00 $ 120,800.00 $ 604,000.00
Environmental $ 192,000.00 0.001$ 48,000.00($ 240,000.00
(Right-of-Way I $ 0.00 $ 0.00($ 325,000.00($ 325,000.00
Utilities F$ 0.00 $ 0.00 $ 275,000.00 $ 275,000.00
Construction $ 7,857,720.001 $ 0.00F2,953,430.00 $10,811,150.00
State Direct & In-Direct
Costs $ 820,464.00 $ 591,924.00 $ 310,834.00 $ 1,723,222.00
Sub-Total:F$ 9,353,384.00 $ 591,924.00 $ 4,033,064.00 $ 13,978,372.00
Contingency & City Staff I$ 0.00 $ 0.00 $ 500000.00 $ 500,000.00
Sub-Total:�$ 0.00 $ 0.00 1$ 500,000.00($ 500,000.00
Total Costs: 1 $ 9,353,384.00 $ 591,924.001$ 4,533,064.00 $ 14,478,372.00
TxDOT will manage the construction phase of the project. The estimated start date for the construction
project is Fall 2016 and the estimated completion date is Spring 2018.
This project is located in COUNCIL DISTRICT 3, MAPSCO 72K.
This contract will be with a governmental entity, state agency or public institution of higher education:
(Texas Department of Transportation).
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that funds were included in the Fiscal Year 2016 Adopted Budget of the
2014 Bond Program, pursuant to Ordinance No. 21909-09-2015, funds are available in the General Fund
to pay expenses that will be incurred under this funding until reimbursement can occur from the issuance
of public securities.
Fund Appropriation Pending Remaining
IThru FY2016 Expenditures/Encumbrances* Balance
Logname: 20MAPEL CREEK BRIDGE AMENDMENT 1 Page 2 of 3
340141$ 4,315,000..00 $ 3,244,048.00 $1,070,952.00
*Pending Expenditures / Encumbrances include the funds referenced in this action.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Accoun Project Program ctivit Budget Reference # Amount
ID I I ID I I Year Chartfield 2
340141 0200431 1 5740010 1 C00901 1 002680 1 2016 1 14010202 3,244,048.00
CERTIFICATIONS:
Submitted for City Manager's Office b� Jay Chapa (5804)
Originating Department Head: Douglas Wiersig (7801)
Alonzo Linan (8009)
Additional Information Contact: David Jodray (2891)
Logname: 20CHAPEL CREEK BRIDGE AMENDMENT 1 Page 3 of 3