HomeMy WebLinkAboutContract 52385 O
Texas Department of Transportation
RECEIVED
25CII SOUTHWEST LOOP 820 1 FORT WORTH,TEXAS 76133-2300 1 (817)370-6500 1 JUN-5 2019
June 4, 2019 CIIYOF FORT WOnTH
C17YSECRETARY
Highway Safety Improvement Project
Intersection of S. Hulen Street and Trail Lake Drive
CSJ: 0902-90-097
Tarrant County
Kassem Elkhalil, P.E.
Professional Engineer
TPW/Traffic Management
5001 James Avenue
Fort Worth,Texas 76115
Dear Mr. Elkhalil:
Attached,for your files, is one fully executed original of the Local Project Advance Funding Agreement
between the City of Fort Worth and the State for the above referenced project.
All contractual matters concerning the agreement will continue to be handled by our Transportation
Planning and Development office.
If you should have any questions concerning this matter, please contact me at(817) 370-6924.
Sincerely,
��-—4-r—
Cynthia Don
Transportation Planning& Development Office
Fort Worth District
Enclosures
OUR VALUES: People•Accountability• Trust• Honesty OFFICIAL RECORD
OUR MISSION: Through collaboration and leadership,we deliver a safe,reliable,and integrated transportation system that enab sarpvs"Mw Dods.
An Equal Opportunity Employer FT WORTH, TX
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District#02- Fort Worth
Code Chart 64 # 15000
Project: Highway Safety Improvement Project
R 5 Z® Federal Highway Administration
SO ���p�t� CFDA Title: 20.205
CS����Ps�l CFDA NO.: Highway Planning and Construction rj
Not Research and Development
STATE OF TEXAS §
CITY
COUNTY OF TRAVIS § CONTRACT NO.SECRETARY5a�R5
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For A
HIGHWAY SAFETY IMPROVEMENT PROJECT PROGRAM
OFF-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, called the "State", and the City
of Fort Worth, acting by and through its duly authorized officials, called the "Local Government."
WITNESSETH
WHEREAS, a Master Agreement between the Local Government and the State has been adopted
and states the general terms and conditions for transportation projects developed through this
LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order Number 115291 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 dated `144*` , 2011, which is attached to and made a part of this
agreement as Attachment A for the development of the Project. A map showing the Project location
appears in Attachment B, which is attached to and made a part of this agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as
follows:
AGREEMENT
1. Period of the Agreement
The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this LPAFA
Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This
LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer
and no expenditures have been charged against federal funds.
3. Amendments
Amendments to this LPAFA shall be made as described in the Master Agreement, without
exception.
LOMICIAL RLC CR1 0
EE�CRRRTTET'A "'�°LPAFA ShortGen Page 1 of 10 IR Z07 19X
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District# 02- Fort Worth
Code Chart 64# 15000
Project: Highway Safety Improvement Project
Federal Highway Administration
CFDA Title: 20.205
CFDA No.: Highway Planning and Construction
Not Research and Development
4. Scope of Work
The scope of work for this LPAFA is described as the installation of new traffic signal at the
intersection on South Hulen Street and Trail Lake Drive in the City of Fort Worth. The major work
involves removing sidewalks and curb ramps, installing drill shaft foundation for traffic signal poles
and pedestal poles, installing new traffic signal poles, signal heads detection, emergency vehicle
pre-emption, installing new American Disabilities Act (ADA) compliant curb ramps and sidewalk.
The project also involves installing new Automated Pedestrian Signal push buttons and
countdown pedestrian signal heads, new pavement markings and associated traffic signal cables
for the traffic signal.
5. Right of Way and Real Property
Right of way and real property shall be the responsibility of the Local Government as stated in the
Master Agreement, without exception.
6. Utilities
Adjustment of utilities will be provided by the Local Government as required and as stated in the
Master Agreement, without exception.
7. Environmental Assessment and Mitigation
Environmental assessment and mitigation will be carried out as stated in the Master Agreement.
Additionally, before the advertisement for bids, the Local Government shall provide to the State
written documentation from the appropriate regulatory agency or agencies that all environmental
clearances have been obtained.
8. Compliance with Accessibility Standards
All parties to this Agreement shall ensure that the plans for and the construction of all projects
subject to this Agreement are in compliance with standards issued or approved by the Texas
Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum
accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA).
9. Architectural and Engineering Services
Architectural and engineering services will be provided by the Local Government as stated in the
Master Agreement. The Local Government is responsible for performance of any required
architectural or preliminary engineering work. For projects on the state highway system, the
design shall, at a minimum conform to applicable State manuals. For projects not on the state
highway system, the design shall, at a minimum, conform to applicable American Association of
State Highway and Transportation Officials design standards. The State may review and
comment on the work as required to accomplish the public purposes of the State. The Local
Government will cooperate fully with the State in accomplishing these local public purposes to the
degree permitted by State and Federal law.
10. Construction Responsibilities
Construction responsibilities will be carried out by the State as stated in the Master Agreement.
LPAFA ShortGen Page 2 of 10 Revised 02/20/2019
L.Ou ff uauc-au-uai
District# 02- Fort Worth
Code Chart 64# 15000
Project: Highway Safety Improvement Project
Federal Highway Administration
CFDA Title: 20.205
CFDA No.: Highway Planning and Construction
Not Research and Development
11. Project Maintenance
Project maintenance will be undertaken as provided for in the Master Agreement, without
exception.
12. Local Project Sources and Uses of Funds
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, 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
LPAFA ShortGen Page 3 of 10 Revised 02/20/2019
k-101i it I
District# 02- Fort Worth
Code Chart 64# 15000
Project: Highway Safety Improvement Project
Federal Highway Administration
CFDA Title: 20.205
CFDA No.: Highway Planning and Construction
Not Research and Development
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.
13. 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. At the request of the State, the Local Government
shall submit any information required by the State in the format directed by the State.
14. Incorporation of Master Agreement Provisions
This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the
date of final execution of this LPAFA, unless an exception has been made in this agreement.
LPAFA ShortGen Page 4 of 10 Revised 02/20/2019
District#02- Fort Worth
Code Chart 64# 15000
Project: Highway Safety Improvement Project
Federal Highway Administration
CFDA Title: 20.205
CFDA No.: Highway Planning and Construction
Not Research and Development
15. 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.
16. Debarment Certification
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 are 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.
17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements
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.
18. Notices
All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage
prepaid, addressed to that party at the following address:
Local Government: State:
Assistant City Manager Director of Contract Services
City of Fort Worth Texas Department of Transportation
200 Texas Street 125 E. 11 th Street
Fort Worth, Texas 76102 Austin, Texas 78701
All notices shall be deemed given on the date delivered in person or deposited in the mail, unless
otherwise provided by this agreement. Either party may change the above address by sending
written notice of the change to the other party. Either party may request in writing that notices
shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the
other party.
LPAFA ShortGen Page 5 of 10 Revised 02/20/2019
IJJU 1r V.7VG-JV-VpI
District#02- Fort Worth
Code Chart 64# 15000
Project: Highway Safety Improvement Project
Federal Highway Administration
CFDA Title: 20.205
CFDA No.: Highway Planning and Construction
Not Research and Development
19. Civil Rights Compliance
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 (USDOT), the Federal Highway Administration (FHWA), as they
may be amended from time to time, which are herein incorporated by reference and made part
of this agreement.
B. Nondiscrimination: The Local Government, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, 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 49 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 will 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 will 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 FHWA 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 will 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 FHWA 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. cancelling, terminating, or suspending of the contract, in whole or in part.
F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs
(A) through (F) 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 FHWA may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided, that if the Local Government becomes involved in, or is
threatened with, litigation with a subcontractor or supplier because of such direction, the Local
Government may request the State to enter into such litigation to protect the interests of the
State. In addition, the Local Government may request the United States to enter into such
litigation to protect the interests of the United States.
20. Disadvantaged Business Enterprise (DBE) Program Requirements
A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements
established in 49 CFR Part 26.
LPAFA ShortGen Page 6 of 10 Revised 02/20/2019
kaoJ it V.7VG-.7V'V.7/
District#02- Fort Worth
Code Chart 64# 15000
Project: Highway Safety Improvement Project
Federal Highway Administration
CFDA Title: 20.205
CFDA No.: Highway Planning and Construction
Not Research and Development
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 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.
21. Federal Funding Accountability and Transparency Act Requirements
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.pdf
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
LPAFA ShortGen Page 7 of 10 Revised 02/20/2019
IiJJ tt I
District# 02- Fort Worth
Code Chart 64 # 15000
Project: Highway Safety Improvement Project
Federal Highway Administration
CFDA Title: 20.205
CFDA No.: Highway Planning and Construction
Not Research and Development
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 an-a' 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.
22. Single Audit Report
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 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 Compliance Division, 125 East 11 th Street, Austin, TX 78701 or contact TxDOT's
Compliance Division at singleaudits@txdot.gov.
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 Compliance Division 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.
23. Pertinent Non-Discrimination Authorities
During the performance of this contract, the Local Government, for itself, its assignees, and
successors in interest agree to comply with the following nondiscrimination statutes and authorities;
including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. 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 property has been
acquired because of Federal or Federal-aid programs and projects).
C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits
discrimination on the basis of sex).
D. 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.
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex).
G. 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 or activities" to include all of the programs or activities of the Federal-aid recipients,
LPAFA ShortGen Page 8 of 10 Revised 02/20/2019
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District# 02- Fort Worth
Code Chart 64# 15000
Project: Highway Safety Improvement Project
Federal Highway Administration
CFDA Title: 20.205
CFDA No.: Highway Planning and Construction
Not Research and Development
subrecipients and contractors, whether such programs or activities are Federally funded or
not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits 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 Department of Transportation regulations at 49 C.F.R. parts 37 and 38.
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures nondiscrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations.
K. 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 parties must take reasonable steps to ensure that LEP persons have meaningful
access to the programs (70 Fed. Reg. at 74087 to 74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.).
LPAFA ShortGen Page 9 of 10 Revised 02/20/2019
iT V7VG-JV'VJ/
District#02- Fort Worth
Code Chart 64 # 15000
Project: Highway Safety Improvement Project
Federal Highway Administration
CFDA Title: 20.205
CFDA No.: Highway Planning and Construction
Not Research and Development
24. 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 signat re.
THE LOCAL GOVERNMENT
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FT. WORTH TX
LPAFA ShortGen Page 10 of 10 Revised 02120/2 9
CSJ #0902-90-097
District#02- Fort Worth
Code Chart 64# 15000
Project: Highway Safety Improvement Project
Federal Highway Administration
CFDA Title: 20.205
CFDA No.: Highway Planning and Construction
Not Research and Development
ATTACHMENT A
RESOLUTION OR ORDINANCE
LPAFA ShortGen Page 1 of 1 Attachment A
A Resolution
NO. 5081-05-2019
A RESOLUTION AUTHORIZING THE EXECUTION OF A LOCAL
PROJECT ADVANCED FUNDING AGREEMENT (LPAFA)
BETWEEN THE STATE OF TEXAS, ACTING BY AND THROUGH
TEXAS DEPARTMENT OF TRANSPORTATION, AND THE CITY OF
FORT WORTH IN THE ESTIMATED AMOUNT OF $349,122 OF
WHICH CITY OF FORT WORTH PARTICIPATION IS ESTIMATED
TO BE $42,622 FOR INSTALLATION OF A NEW TRAFFIC SIGNAL
AT THE INTERSECTION OF SOUTH HULEN STREET AND TRAIL
LAKE DRIVE
WHEREAS, a Master Agreement between the City of Fort Worth ("Local
Government") and the State of Texas acting through the Texas Department of
Transportation ("State") has been adopted and states the general terms and conditions
for transportation projects developed through this LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order
Number 115291 that provides for development of, and funding for a new traffic signal
at the intersection of S. Hulen Street and Trail Lake Drive as part of Highway Safety
Improvement Project Program; and,
WHEREAS, the total estimated cost for design and construction of the project
is $349,122.00 and of this total amount, $203,177.00 is federal participation,
$18,451.00 is the State participation, and $42,622.00 is the City contribution.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, THAT:
The City Manager is authorized to execute an agreement with the Texas
Department of Transportation in the total estimated amount of$349,122.00 with City
participation in the estimated amount of $42,622.00 for the purpose of installing a
new traffic signal at the intersection of S. Hulen Street and Trail Lake Drive.
Adopted this 71h day of May 2019.
ATT ST
Mary J. Kay r
City Secretary
CSJ #0902-90-097
District#02- Fort Worth
Code Chart 64# 15000
Project: Highway Safety Improvement Project
Federal Highway Administration
CFDA Title: 20.205
CFDA No.:Highway Planning and
Construction
Not Research and Development
ATTACHMENT B
PROJECT LOCATION MAP
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LPAFA ShortGen Page 1 of 1 Attachment B
CSJ #0902-90-097
District# 02- Fort Worth
Code Chart 64 # 15000
' Project: Highway Safety Improvement Project
Federal Highway Administration
CFDA Title: 20.205
CFDA No.: Highway Planning and Construction
Not Research and Development
ATTACHMENT C
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
Construction Costs will be allocated based on 90% Federal funding and 10% Local Government
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 1."
tate Local Participation
Estimated Participation Participation
Cost /° ost post % Cost
Engineering (by Local Government) $33,531 0% 0 0 100% 33,531
Environmental (by Local 27,531 0% 0 % 0 100% 27,531
Government)
Right of Way (by Local Government) 7,425 0% $0 % 0 100% $7,425
Utilities (by Local Government) $16,385 0% 0 0% 0 100% $16,385
Construction (by State) $225,752 90% $203,1770% 0 10% $22,575
Subtotal $310,624 $203,177 0 $107,447
Environmental Direct State Costs $1,377 0% 0 0% 0 100% $1,377
Right of Way Direct State Costs 371 0% 0 0% 0 100% 371
Engineering Direct State Costs $1,677 0% 0 0% 0 100% $1,677
Utility Direct State Costs 819 % 0 % 0 100% 819
Construction Direct State Costs $15,803 0% 0 % 0 100% $15,803
Indirect State Costs $18,451 0% 0 100% 18,451 0% 0
TOTAL 349,122 r203,177 $18,451 127,494
Initial payment by the Local Government to the State: $4,244.00
Payment by the Local Government to the State before construction: $38,378.00
Estimated total payment by the Local Government to the State $42,622.00
This is an estimate. The final amount of Local Government participation will be based on actual costs.
LPAFA ShortGen Page 1 of 1 Attachment C
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.
Name of Employee/Signature
Title
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
OFFICIAL RECORE'u
CITY SECRETARY"
FT. WORTH, T
6/5/2019 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT�Worn
COUNCIL ACTION: Approved on 5/7/2019-Resolution Nos.6080-05-2019&6081-05-2019 and
Ordinance No.23644-05-2019
DATE: 5/7/2019 REFERENCE _C-29106 LOG NAME: 20MCCART AVE._WALTON
NO.: AVE._EDGECLIFF RD.
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. Adopt Resolution Authorizing Execution of an Advance Funding Agreement with
the Texas Department of Transportation for Traffic Signal Improvements at the
Intersections of McCart Avenue at Walton Avenue and Edgecliff Road in the
estimated amount of$951,702.00 with the City's Participation Amount an
Estimated$176,913.00;Adopt a Resolution Authorizing Execution of an Advance
Funding Agreement with the Texas Department of Transportation for Traffic Signal
Installation at the Intersection of S. Hulen Street and Trail Lake Drive in the
estimated amount of$349,122.00 with the City's Participation Amount an
Estimated$42,622.00; and Adopt Appropriation Ordinance (COUNCIL DISTRICT
6)
RECOMMENDATION:
It is recommended that the City Council:
1.Adopt a Resolution authorizing execution of an Advance Funding Agreement with the Texas Department
of Transportation for traffic signal improvements at the intersections of McCart Avenue at Walton Avenue
and Edgecliff Road in the estimated amount of$951,702.00 with the City's participation amount an
estimated$271,249.00;
2.Adopt a Resolution authorizing execution of an Advance Funding Agreement with the Texas Department
of Transportation for traffic signal installation at the intersection of S. Hulen Street and Trail Lake Drive in
the estimated amount of$349,122.00 with the City's participation amount an estimated$42,622.00;and
3.Adopt the attached Appropriation Ordinance increasing appropriations in the 2018 Bond Program fund in
the amount of$350,000.00,from available funds to provide funding for Local Participation in the 2018 Bond
program Traffic Signals programmable projects.
DISCUSSION:
The purpose of this M&C is to adopt resolutions authorizing the execution of the Local Project Advance
Funding Agreements(LPAFA)for two off-system Highway Safety Improvement Program(HSIP)Projects
with the Texas Department of Transportation(TXDOT)and to appropriate additional funds in the 2018 Bond
Program Funds in the amount of$350,000.00 to provide the Local Participation Funds needed for the
improvements due to the high number of crashes at these intersections.The intersections were submitted
for HSIP funds and after evaluation,they were selected to receive funds through the HSIP program.
The first project includes improvements to existing traffic signals at the intersection of McCart Avenue at
Walton Avenue and Edgecliff Road which will allow for total rebuild of the existing signals at the
intersections of McCart Avenue at Walton Avenue and Edgecliff Road to bring them up to standards plus
signalizing an existing driveway within the intersection that currently is being controlled by a stop sign that
has been a contributing factor to a high number of crashes at the intersection.
The second project is construction of a new traffic signal at the intersection of Hulen Street and Trail lake
Drive. Traffic signal warrant analysis and an engineering study showed the need and justifications for an
improved traffic control signal at this location mainly due to high number of crashes.
The three upgraded signals will provide orderly movement of traffic through the intersections and make the
intersections safer for vehicles,pedestrian and bicyclists.
Project Budget Estimate and Source of Funds
Description Total Estimate Federal State Local
Cost Participation Participation Participation
McCart @ Walton/Edgecliff$951,702.00 $633,067.00 $47,386.00 $271,249.00
Hulen street @ Trail Lake $349,122.00 $203,177.00 $18,451.00 $42,622.00
Drive
TOTAL $1,300,824.00 $836,244.00 $65,837.00 $313,871.00
To enter this Local Project Advance Funding Agreement(LPAFA)additional funds are needed in the Traffic
Signal component of the 2018 Bond Program Fund in the amount of$350,000.00 to cover local match and
any potential cost overruns.The Traffic Signals Programmable Project Budget Summary is as follows:
Current Additional Approp.
CategoryProgrammable Budget (After this Total
M&C)
$4,000,000.00
apps.cfwnet.org/council_packet/mc_review.asp?I D=26970&councildate=5/7/2019 1/2
6/5/2019 M&C Review
Traffic PB0006 $350,000.00 $4,350,000.00
Signals
Funding 2018 Bond $4,000,000.00 $350,000.00
Source Program $4,350,000.00
The action in this M&C is not included in the FY2019-2023 Capital Improvement Plan(CIP)and will amend
an existing programmable project(Traffic Signals)and its FY2019 budget.
Funds for this project are included in the 2018 Bond Program.Available resources within the General Fund
will be used to provide interim financing until debt is issued. Once debt associated with the 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.
23209-05-2018).
This project is in Council District 6.
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 upon approval of the above recommendations and adoption
of the attached appropriation ordinance,funds will be available in the current capital budget, as
appropriated of the 2018 Bond Program Fund.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I Year (Chartfield 2)
Submitted for City Manager's Office by_ Susan Alanis(8180)
Originating Department Head: Steve Cooke(5134)
Additional Information Contact: Tanya Brooks(7861)
ATTACHMENTS
20MCCART AVE. WALTON AVE. EDGECLIFF RD 34018 A019r.docx
Hulen Street-Map.pdf
McCart and Walton Avenue-Map.pdf
Resolution McCart Walton EdgeCliff.docx
Resolution S.Hulen Trail Lake(4.30.191.docx
apps.cfwnet.org/council_packet/mc_review.asp?I D=26970&councildate=5/7/2019 2/2