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HomeMy WebLinkAboutContract 39023CSJ # 090248-742 District # 02-Fort Worth Code Chart 64 # 50-15000 Project: Silver Creek Rd. at Silver Creek NBI Structure # 022200ZS4528002 CFDA # 20.205 STATE OF TEXAS § U1 I Y SECRETARY COUNTY OF TRAVIS § CONTRACT NO, ADVANCE FUNbING AGREEMENT For Bridge Replacement or Rehabilitation Off the State System THIS Advance Funding Agreement (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Fort Worth, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Title 23, United States Code Section 144 authorizes federal funds to assist the States in the replacement or rehabilitation of deficient bridges located on public highways, roads and streets, including those under the jurisdiction of local governments; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall plan and make policies for the construction of a comprehensive system of state highways and public roads in cooperation with local governments; and WHEREAS, the Local Government owns a bridge or bridges located on a public road or street located at Silver Creek on Silver Creek Road and said bridges) is included in the currently approved off -state system federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission Minute Order number 110479. dated March, 2006; and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance which is attached hereto and made a part hereof as Attachment A and which provides for development of the specific programmed replacement or rehabilitation project, hereinafter called the "Project", identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows. CITY SECRETAR" Bridge-Bridge_AFA -- -- Page 1 of 16 Bridge Division Rev 02/02/09 02-2002-L.1 District 02�Fort Worth Code Chart ♦• 000 ect: Silver -1.. • Creek Mat Silver Creek i. # 20*205 This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided in Article 2. a. The Agreement is terminated in writing with the mutual consent of the parties; or b. Breach of this Agreement, in which case any cost incurred shall be paid by the breaching party; or c. If the Local Government elects not to develop the project and the project does not proceed, in which case the Local Government agrees to reimburse the State for 100 percent of its reasonable actual direct and indirect costs incurred for the project. Amendments to this Agreement may be made due to changes in the character of the work, the terms of the Agreement, or the responsibilities of the parties. Amendments shall be enacted through a mutually agreed upon, written amendment executed by all parties to this Agreement. This Agreement shall not be considered as specifying the exclusive remedy for any Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. The scope of work for this Agreement is the replacement or rehabilitation of the bridges) identified in the recitals of this Agreement. This replacement or rehabilitation shall be accomplished in the manner described in the plans, specifications and estimates developed in accordance with this Agreement and which are incorporated herein by reference. Bridge-Bridge_AFA Page 2 of 16 Bridge Division Rev 02/02109 02-2002-L. l 090248vmoM District 02bbrFort Worth Code Chart 64 5045000 • -ct: Silver Creek• at SilverCreek NBI Structure . 022200ZS4528002 i _ # 20*205 ght • • •„ • • ^• • • • -• -Lloom • The Local Government authorizes the State, its consultant, contractor, or other designated representative to enter the site(s) of said bridge(s) and adjacent right of way or relocation right of way to perform surveys, inspections, construction and other activities necessary to replace or rehabilitate said bridge and approaches. The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work." The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of IF all utilities that must be adjusted before construction is completed. Development of the Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 19b6, which require environmental clearance of federal -aid projects. a. The State is responsible for the identification and assessment of any environmental problems associated with the development of the Project governed by this Agreement. b. Cost participation in environmental assessment and remediation work shall be paid by the parties in the same ratio as construction costs and will be included in the construction costs identified in Attachment D, "Estimate of Direct Costs". a The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment The State will not begin construction of the Project until identified environmental problems have been remediated, unless provided for otherwise. Bridge°Bridge AFA Page 3 of 16 Bridge Division Rev o2/02/09 02�2002-L. l CSJ . i•1 4r District ./ ort Worth •w.Chart64 # 5045000 Creekect: Silver , . at Silver Creek NBI Structure # 022200ZS4528002 D:# 200205 All parties to this Agreement shall ensure that the plans for and the construction of the Project subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (RL. 101®336) (ADA). The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by state and federal law. The Local Government review shall not unduly delay the development of the Project. a. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. Upon completion of the Project, the State will issue a "Notification of Completion" acknowledging the Project's construction completion. After the Project has been completed, the Local Government shall accept full ownership, and operate and maintain the facilities authorized by this Agreement for the benefit of and at no charge of toll to the public. This covenant shall survive the completion of construction under this Agreement. a. A Project Cost Estimate is provided in Attachment D, "Estimate of Direct Costs". Bridge-BridgeAFA Page 4 of 16 Bridge Division Rev 02/02/09 02-2002-L.1 CSJ 09024&742 District # i ort Worth ••- Chart 6+ , 5045000 •Creek• . at Silver Creek i 022200ZS4528002 CFDA # 20205 Attachment D provides a source of funds estimate as well as the estimated direct preliminary engineering, construction engineering, and construction costs for the Project in totalby ♦ • - estimatedThe required Local Government participation is based solely upon the State's estimate of the eligible work at the time this Agreement is executed and will not be adjusted during construction except as needed to include any Project cost item or portion of a cost item ineligible for state or federal participation. In addition to its share of direct engineering and constructioncosts,• responsible for the direct ♦ of project costor portion of cost item that is not eligible for federal participation under the federal HBRRP. The Local Government is also responsible for any cost resulting from changes made at the request of the Local Government. d. Aii:er execution of this Agreement, but thirty (30) days prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment D for the Local Government's contribution for preliminary engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering. e. Forty-five (45) 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 and any other costs owing. f. If at the completion or termination of the Project the State determines that additional funding is required by the Local Government, the State shall notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. g. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. h. The State will not pay interest on any funds provided by the Local Government. i. The Local Government funding participation responsibilities include Project direct costs only, except when the Project is terminated before completion at the request of the Local Government as addressed in the Termination provision of this Agreement. j. The amounts shown on Attachment D are estimates only. If actual costs exceed the estimates, this shall be considered a fixed price agreement, and no additional funding shall be required of the Local Government except to the extent that the additional costs result from changes made at the request of the Local Government or to the extent that the additional costs are not eligible for federal participation under the Federal Highway Bridge Replacement and Rehabilitation Program. If actual costs are less than the estimates, Local Government participation shall be recalculated based on actual costs. If the recalculation results in a reduction in participation by the Local Government, the State shall pay the difference to the Local Government upon completion of the Project. Bridge�Bridge AFA Page 5 of 16 Bridge Division Rev o2/02/09 02-2002®L. l 1•i District #1 ort Worth Code Chart •450w 15000 Project:Silver Creek Rd.atSilver Creek NBI Structure . 022200ZS45280l 200205 Under• • of Transportation Code•222.053 certain counties quality as Economically Disadvantaged Counties (EDC) in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. if applicable, in consideration of such EDC status that may be applicable for the Projec the required • • participation•.. adjusted • 1 percent. 1. The State will not execute the contract for the construction of a Project until the required funding has been made available by the Local Government in accordance with this Agreement. m. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. for Waiver of Local Participation . c a. Applicability. If a request for waiver has been received and approved by the State's District Engineer, then the required ten percent matching fund participation or percent as adjusted for EDC consideration, as shown in Attachment D, "Estimate of Direct Costs", but excluding ineligible costs under the bridge program, is waived. This waiver is based on the commitment of the Local Government to spend an equivalent amount of funds for structural or safety improvement on "other" bridge structures and other conditions as specified in 43 TAC Section 15.55(d). If a waiver has been granted, the Project shall be defined to be a Participation -Waived Project (PWP) and the work on the "other" bridge structures that will be improved by the Local Government shall be defined to be the Equivalent -Match Project(s) (EMP). Attachment C to this Agreement shows a list of EMP(s) under this Agreement. b. Project Cost Estimate for PWP. Attachment D to this Agreement shows the estimated direct preliminary engineering, construction engineering and construction costs for the PWP in total and local match fund participation being waived, or partially waived. c. Credit Against ENV Work. Any local match fund participation that has already been paid, or which the Local Government is agreeable to paying to the State, will be credited against EMP work to be performed by the Local Government. If applicable, this credit(s) will be reflected in Attachment D to this Agreement. Bridge-Bridge_AFA Page 6 of 16 Bridge Division Rev o2io2io9 Oz-2oa2-L.1 SJ 9 ,; District 1 . Code Chart 64 , 5045000 _Silver CreekRd.at Silver Creek NBI Structure # 022200ZS452801 t • # 20105 d. Responsibilities of the Local Government on ENiP(s). (1) The Local (government shall be responsible for all engineering and construction, and related costs thereto, and complying with all applicable state and federal environmental regulations and permitting requirements. (2) The structural or safety improvement work on the EW(s) shall be performed subsequent to the final execution of this Agreement but within three (3) calendar years after the earliest contract award of the related PWP(s). (3) Written documentation, suitable for audit, of the structural or safety improvement work completed on the EW(s) shall be kept on file by the Local Government for four (4) years after completion of work or claims, lawsuits, or audits related thereto, whichever is longer. A notice of completion of work on the ENV(s) shall be delivered to the State's District Engineer no later than thirty (30) calendar days after work is completed on the EW(s). (4) Failure by the Local Government to adequately complete the ElVIP(s) within the stated three-year period shall result in the Local Government being excluded from receiving such waivers for a minimum of five (5) years. e. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver of eligible program costs, the Local Government shall pay the State 100 percent of the cost of any PWP item or portion of a cost item that is not eligible for federal or state participation, and 100 percent of the costs resulting from additional work on the PWP performed solely at the request of the Local Government. If the ineligible or additional work is preliminary engineering, the payment shall be made at least thirty (30) days prior to the beginning of preliminary engineering work on the PWP. If the ineligible or additional work is for construction or construction engineering, the payment shall be made at least forty-five (45) days prior to the date set for receipt of bids for construction of the PWP. All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: District Engineer Maribel P. Chavez, P.E. Texas Department of Transportation 2501 S.W. Loop 820 Fort Worth, Texas 76133 Bridge-Bridge_AFA Page 7 of 16 Bridge Division Rev o2/02/09 02-2002-L.1 1' 1 District # 02�Fort Worth •r- Chart 64 5045000 • -ct: Silver Creek Rd. at Silver Cree StructureNBI , 022200ZS4528002 CFDA # 20105 ocai Uovernment:• • 111 Throckmorton • t Wortb, Texas76102 All notices shall be deemed given on the date so delivered or so depasited in the mail, unless otherwise provided herein. 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 such notices shall be delivered personally or by certified U. S. mail and such request shall be honored and carried out by the other party. In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. The parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the farm of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. Bridge-Bridge_AFA Page S of 16 Bridge Division Rev o2�02109 02-2002-L. l i•! ,i 4_ District # 0. ort Worth ••' Chart •- 5045000 {Silver CreekRd. at Silver Creek NBI Structure.. CFDA . 206205 WAMMM&1J&1W M rrr ny prior understandings or written or oral agreements respecting this Agreement's subject In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. The pariies shall adhere to the procurement standards established in Title 49 CFR §15.36 and with the property management standard established in Title 49 CFR § 1 8.32. The parties to the Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The parties shall comply with the requirements of the Single Audit Act of 19�4, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A-1211 through August 31, Z000 and stipulated in OMB Circular A433 after August 31, 2000. The parties to this Agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR -Bridge_A Page 9 of 16 Bridge Division Rev o2/02/09 02-2002-L.1 CSJ # 090248442 District # 02-Fort Worth Code Chart 64 # 50-15000 Project: Silver Creek Rd.at Silver Creek NBI Structure # 022200ZS4528002 CFDA # 20.205 §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 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 [Contractor, Local Government, Engineer, or whatever] certifies that it is not 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. In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Bridge-Bridge_AFA Rev 02/02/09 Page 10 of 16 Bridge Division 02-2002-L.1 CSJ # 090248-742 District # 02-Fort Worth Code Chart 64 # 50-15000 Project: Silver Creek Rd.at Silver Creek NBI Structure # 022200ZS4528002 CFDA # 20.205 c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the Project and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $1001000 for each such failure. 29. Successors and Assigns The State and the Local Government 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. 30. Local Government Restrictions In the case that the local government has an existing, future or proposed local ordinance commissioners court order, rule policy, or other directive that is more restrictive than the state or federal regulations that results in an increase cost to the State for the project, the local government is responsible for all increased costs associated with the ordinance, order, policy, directive, or change. 31. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: Printed Name of Signatory idge_AFA Bridge-BrPage 11 of 16 Bridge Division Rev 02/02/09 02-2002-L.1 Title: Date: THE STATE OF TEXAS r CSJ # 090248-742 District # 02-Fort Worth Code Chart 64 # 50-15000 Project: Silver Creek EWA Silver Creek NBI Structure # 022200ZS4528002 CFDA # 20.205 Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. B47 M David P. Hohmann, PE Director, Bridge Division �i�w��w� �tCORb OITY SECRETARY PT WOI:tTH9 TX. Bridge-Bridge_AFA Page 12 of 16 Bridge Division Rev 02/02/09 02-2002-L.1 Bridge-Bridge_AFA Rev 02/02/09 Page 13 of 16 . 1.1- • c •�- •� . .1 111 � 1 i Bridge Division 02-2002-L.1 NO. 3753-06-2009 A RESOLUTION AUTHORIZING THE EXECUTION OF AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DIVISION OF COSTS AND RESPONSIBILITIES ASSOCIATED WITH RECONSTRUCTION OF THE SILVER CREEK ROAD BRIDGE AT SILVER CREEK WHEREAS, Title 23, United States Code Section 144 authorizes federal funds to assist the States in the replacement of deficient bridges located on public highways, roads and streets, including those under the jurisdiction of local governments; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall plan and make policies for the construction of a comprehensive system of state highways and public roads in cooperation with local governments; and WHEREAS, the City of Fort Worth owns a bridge located on a public road or street located at Silver Creek on Silver Creek Road and said bridge is included in the currently approved off -state system Federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission Minute Order No. 110479, dated March 2006 by which the City of Fort Worth is eligible to receive up to $1,635,000 HBRRP funds for the reconstruction of said bridge; and WHEREAS, the City of Fort Worth and the Texas Department of Transportation wish to enter into an Advance Funding Agreement to set forth the division of costs and responsibilities associated with the reconstruction of the Silver Creek Road Bridge at Silver Creek. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Authorizes the City Manager, or his designee, to execute an Advance Funding Agreement with the Texas Department of Transportation to share the costs and responsibilities associated with the reconstruction of the Silver Creek Road Bridge at Silver Creek. PASSED AND APPROVED by the City Council of the City of Fort Worth, Texas on this the 23`a day of June, 2009. APPfiOVED CITY COUNCIL ATTEST. JUN 2 3 2009 `(tea:-���^j�^A City Secretary of the City of Fort Worth, Texas c=sY or ro>re: wo>tesu CSJ # 0902-48-742 District # 02-Fort Worth Code Chart 64 # 50-15000 Project: Silver Creek Rd. at Silver Creek NBI Structure: 022200ZS4528002 CFDA # 20.205 ATTACHMENT B PROJECT LOCATION MAP tr e� � � ��� c� '�o� � �- � �� , �� �� Mile t3rid e - �-�l a *'r r ,� a 1� 1 __ Lr ��-a = d f -- 't. � I�' ��� ,, r' �- , -: � �� a � s�f .4 ti''j .l �- ti _ .� --- Casino �• r—.,_�`i �', !.`' � Park � —� Qt , ;� Aale Ave � � ��� � Lake Wor#h �, � � �— - Bridge No: 022200254528002 Silver Creek Rd at Silver Creek t`1?1rt� ���` �- i O and [P) 19$$-2006 A�fcrosoft Coi �'�'�� i ake Worti� ��r� � Wildwood Park �n andlor �ge Ftd iers. �I rii G Dr` Maia�a� ' ,n� �:: Marine Creek_,J�d �, ' Sansom Park J ,, �' e5'r' � �� st Naval Air Station Fort Worth ' ' �_ �Dr White i. 0 1Nestw� Siettlement' c� � ; « a � i � ,i341j �,� �� �� � � -� 19--- , `. ,t11�IV��r Dennis Ave,'�.��J Bridge -Bridge AFA Page 14 of 16 Bridge Division Rev 04/17/06 10-2002-L.1 DCCSS: 02-220-ZS45-28-002 Feature Carried: Silver Creek Road Approach - I,00lflng North 02-220-ZS4548-002 Feature Crossed: 04-22-2004 TFB Underview -North 04-22-2004 02-220-ZS45-28-002 TFB CSJ # 090248-742 District # 02-Fort Worth Code Chart 64 # 5045000 Project: Silver Creek Rd. at Silver Creek NBI Structure: 022200ZS4528002 CFDA # 20.205 Date Printed: 23-Mar-09 Silver Creek No>th Abutment 02-220-ZS45-28-002 04-22-2004 TFB 02-220-ZS45-28-002 JEC 04-22-2008 Silver Creek Road over Silver Creek Debris Upstream Channel Bridge Inspection Photos (page I of 1) 1'i=4: 42 District # i Worth Code Chart •• # 50000 )Ject: Silver Creek Mat Silver Creek NBI Structure # 022200ZS4528002 200205 Location (and structure identification number, if applicable) On School Bus Route? (Yes/No) Historic Bridge? (Yes/No) Description of Structural or Safety Improvement Work Estimated Cost W. Vickery Blvd. over Henderson Street NBI # 022200ZV4040006 No No Remove the bridge $3755000 Craven Rd at Wild Cat Branch NBI #022200ZC8175001 Yes Fort Worth ISD No Replace the bridge $1,023,000 Nine Mile Bridge at Tributary to Lake Worth NBI#022200ZN3580001 No No Remove the existing bridge $95,000 Total $1,49300 EMP work credited to this PWP See Note *) $163,500 Balance of EMP work available to associated PWP(s) $1,3291500 Associated PWP(s) Control-Section4ob (CSI) Amount to be Credited to Associated PWP (s) 090248-505 $1,200,000 0902=48=743 $ 100,800 Note This total should typically equal the "Balance of Local Government Participation" that is waived as shown in Attachment D. Note": This attachment not applicable for non -Participation -Waived Projects (PWP) Bridge-Bridge_AFA Page 15 of 16 Bridge Division Rev 02/02/09 02-2002-1,.1 Preliminary Engineering (PE) Ten (10) Percent or EDC Adjusted Percent of PE for Local Government Participation Construction Engineering and Contingency (E&C) The Sum of Construction and E&C Ten (10) Percent or EDC Adjusted Percent of the Sum of Construction and E&C for Local Government Participation Amount of Advance Funds Paid by Local Government Amount of Advance Funds to be Paid by Local Government Balance of Local Government Participation which is to be Waived where the Project is a PWP Total Project Direct Cost 1`1:4; , District i ort Worth •Silver CreekRd.at Silver Creek NBI Structure . / 1/ 11 l - 20105 Estimated Cost (1) $202,500 $1,230,000 (2) $1,432,500 * Credited Against Local Government Participation Amount If this Project is to be a PWP, Amount of EMP Work Being Credited to this PWP as Shown on Attachment C. Local Government Participation (3) $20,250 (4) $143,250 (5) Bridge-Bridge_AFA Page 16 of 16 Bridge Division Rev 02/02/09 02-2002-L.1 City of Fort Worth, Texas Mayor and Council Communication COUNCILA IIUN.a Approved on 612W2009 -Res. No, 3753-06-2009 & Ord. No. 18690-06- 2009 DATE: Tuesday, June 23, 2009 LOG NAME: 20SILVER CREEK BRDG REFERENCE NO.: C-23621 SUBJECT: Adopt a Resolution Authorizing Execution of an Advance Funding Agreement with the Texas Department of Transportation in the Amount of $1,635,000.00 with City Participation Up to $163,500.00 for the Reconstruction of Silver Creek Road Bridge over Silver Creek and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that City Council: 1. Adopt the attached resolution authorizing the City Manager to execute an Advance Funding Agreement with the Texas Department of Transportation for the reconstruction of Silver Creek Bridge over Silver Creek in the amount of $1,635,000.00 with City participation up to $163,500.00; 2. Authorize the City Manager to accept $1,635,000.00 non -cash federal funds from the Highway Bridge Replacement and Rehabilitation Program through Texas Department of Transportation; 3. Authorize the transfer of $163,500.00 from the 2004 Street Improvements Fund to the Grants Fund towards the City's 10 percent required equivalent match for this project; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $1,798,500.00. DISCUSSION: The existing Silver Creek Bridge over Silver Creek (Bridge No. 022200ZS4528002) was built in 1950. Texas Department of Transportation's (TxDOT) structural evaluation for the bridge determined that the bridge must be replaced. The estimated cost for reconstruction of Silver Creek Bridge over Silver Creek is $1,635,000.00. The City is responsible for 10 percent of the eligible cost which is estimated to be $163,500.00. Under TxDOT's Equivalent -Match program, no direct payment by the City is required for the City's share of the eligible costs of reconstruction of Silver Creek Bridge. On May 27, 2008, (M&C C-22828) the City Council approved an advanced funding agreement with TxDOT for reconstruction and rehabilitation of West 7th Street Bridge. As an option under TxDOT's Equivalent -Match program, no direct payment by the City was required for the City's share of the eligible costs of reconstruction of the West 7th Street Bridge. In lieu of the 10 percent cash participation for the eligible portion of the project, the City will replace the minor bridge at Cravens Road over Wildcat Branch (estimated cost $1,023,000.00) and remove Vickery Boulevard Bridge over Henderson Street (estimated cost $375,000.00) and Nine Mile Bridge over the tributary to Lake Worth (estimated cost $95,000.00), Logname: 20SILVER CREEK BRDG Page 1 of 2 totaling $1,493,000.00. The City's match required for West 7th Street Bridge project was only $1,200,000.00 leaving a credit of $293,000.00. Staff has negotiated with TxDOT to add two additional bridges to the grant program; Silver Creek Bridge over Live Oak Creek (estimated cost $1,008,000.00) and Silver Creek Bridge over Silver Creek (estimated cost $1,635,000.00). These Equivalent -Match projects, totaling $1,493,000.00, will now be credited to the West 7th Street Bridge for $1,200,000.00; the Silver Creek Bridge over Live Oak for $100,800,00; the Silver Creek Bridge over Silver Creek for $163,500.00; and leave an unallocated credit of $28,700.00. The 2004 Capital Improvement Program provided $1,200,000.00 for the West 7th Street Bridge over Trinity River and $325,000.00 for Cravens Road over Wildcat Branch Bridge. These funds will be used for the City's equivalent match projects listed above. The City agrees to complete the equivalent match projects within three years of the contract for the Silver Creek Road Bridge project. These projects are located in COUNCIL DISTRICT 7. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director 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 Grants Fund. FUND CENTERS: TO Fund/Account/Centers 3) GR74 472200 020302366000 2) GR74 451962 020302366000 GR74 5(VARIOUS) 020302366XXX 4) GR74 541180 020302366XXX CERTIFICATIONS: FROM Fund/Account/Centers $163,500.00 3) C200 538070 208260131983 $1,635,000.00 $163,500.00 $1,635, 000.00 Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: ATTACHMENTS 1. 20SILVER CREEK BRDG AO.doc (Public) Fernando Costa (6122) William Verkest (8255) George Behmanesh (7914) 2. Accounting Info.pdf (CFW Internal) 3. FAR Silver Creek.�df (CFW Internal) 4. LPAFA Silver Creek.pdf (CFW Internal) 5. MAP Silver Creekpdf.pdf (Public) 6. Resolution Silver Creek.Silver Creek.doc (Public) $163,500.00 Logname: 20SILVER CREEK BRDG Page 2 of 2