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HomeMy WebLinkAboutContract 39780CITY SECRETARY CoNrl ACT No. CSJ #0902-48-757 1�1Sftict # 02-Fort Worth Code Chart 64 915000 Project: City of Fort Worth Modern Streetcar CFDA 420.205 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT NON -CONSTRUCTION ADVANCE FUNDING AGREEMENT for a (Off State System) "CMAQ PROJECT" THIS Local Project Advance Funding Agreement for Non -Construction (LPAFA- NonCST) is made by and between the State of Texas, acting by and through the Texas Department of Transportation (State), and the City of Fort Worth (Local Government). BACKGROUND 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-NonCST. Federal law establishes federally funded programs for transports#ion improvements #o implement its public purposes, including the City of FOR Worth Modern Streetcar. Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds. The Texas Transportation Commission passed Minute Order 111335, which provides for development of and funding for the Project identified in this LPAFA-NonCST. The Governing Body of the Local Government has approved entering into this LPAFA-NonCST by resolution or ordinance dated 09/22/09, which is attached and is made part of the LPAFA-NonCST as Attachment A. THEREFORE, in consideration of the mutual promises can#wined in this LPAFA-NonCST, the parties agree to the following. LPAFA-NONCST 'I. Period of the Agreement This Agreement becomes effective when signed the Agreement fully executed. This Agreement ordinary business on August 31, 2011. by the last party whose signing makes shall remain in effect until the close of 2. Scope of Work The scope of work is the Project as detailed in Attachment B, part of this LPAFA-NonCST. AFA-LPAFA_NanConstruction.doc Page 1 of 6 which is attached and made U 1=�i:6.6i,ia P44ECt�RD CITY SECRETARY P FT. W(DR.TH TXL e Revised 09/23/20Q9 CSJ #090248-757 District # 02-Fort Worth Code Chart 64 #15000 Project: City of Fort Worth Modern Streetcar CFDA #200205 3, LV%00 Project Sources and Uses %J Funds a. The total estimated cost of the Project is shown in Attachment C, which is attached and made part of this LPAFA-NonCST. The State will pay for only those Project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the issuance of a formal Letter of Authority by the Federal Highway Administration. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal Letter of Authority is formally issued. 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 a letter of authority is issued. 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 Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual Mho 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. b. The State will be responsible for securing the Federal and State share of the funding required for the Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. The Local Government will be responsible for all nonfederal and non -State participation costs associated with the Project, including any overruns in excess of the approved local Project budget. If the State determines that additional funding by the Local Government is required at any time during the Project, the State will 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. The State will not pay interest on any funds provided by the Local Government. c. The Local Government shall request payment by submitting the original of an itemized invoice in a form acceptable to the State. The Local Government may submit an invoice no more frequently than monthly and no later than ninety days after incurring a cost. Each invoice shall itemize charges and shall attach documentation showing the name, hourly rate, and number of hours worked for all labor charges, the basis for allocation of any indirect costs, and copies of invoices for any direct costs over $1,000, d. Whenever funds are paid by the Local Government to the State under this LPAFA- NonCST, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. These funds may only be applied to the Project. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. After final Project accounting, if excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. AFA-LPAFA_NanConstruction.doc Page 2 of 6 Revised 09/23I2009 CSr 9090248-757 District # 02-Fort Worth Code Chart 64 #15000 Project: City of Fort Worth Modern Streetcar CFDA #20.205 e. If the Project has been approved for a fixed price or incremental payments under 43 TAC §15.52, Attachment C will clearly state the amount of the fixed price or the incremental payment schedule. If the Local government is an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, Attachment C will reflect those adjustments. f. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the LPAFA-NonCST or indirectly through a subcontract under the LPAFA-NonCST. Acceptance of funds directly under the LPAFA-NonCST or indirectly through a subcontract under this LPAFA-NonCST 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. g. 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 OMB Circular A-133. h. Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used and the Local Government is performing any work, either directly or through a contractor, it must comply with the following provisions. If a Local Government is receiving ARRA funds, but is not performing any work, the following provisions apply, if appropriate, and to the extent necessary to comply with ARRA regulations. In accordance with Section 902 of the ARRA, should this agreement involve the expenditure of ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to: as examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to the contract or subcontract; and ba interview any officer or employee of the contractor or any of its subcontractors, or any State or local agency administering the contract regarding such contracts. Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of the Comptroller General. In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant awarded using covered funds, any representative of an appropriate inspector general appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App), is authorized: a. to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to and involve transactions relating to the contract, subcontract, grant, or subgrant, and bo to interview any officer or employee of the contractor, grantee or subgrantee, or agency regarding such transactions. AFA-LPAFA NonConstruction.dac Page 3 of 6 Revised 08123l2009 CSJ #090248-757 District # 02-Fort Worth Code Chart 64 #15000 Project: City of Fort Worth Modena Streetcar CFDA #20,205 Section 1515(b) further provides that nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of an inspector general. The ARRA requires that the Contractor report monthly employmen# information for its firm as well as that of all of its subcontractors. The Contractor, similarly, shall include this reporting requirement in all of its subcontracts. Failing to include the requirement in agreements with subcontractors can serve as grounds for contract termination. Form FHWA-1589, Monthly Employment Report, promulgated by the Federal Highway Administration (FHWA), captures the necessary monthly employment information and shall be submitted by the Contractor on a regular basis to the LG (Local Government). It is the responsibility of the LG to obtain this form from the prime Contractor and any subcontractors and, the LG shall verify the accuracy, completeness, and reasonableness of the data contained in the form. The LG shall ensure that this form is submitted by the LG to the State according to the policies and at the direction of the State. In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to the State all information requested by the State, including data or information in possession of contractors and subcontractors for completing other necessary reporting forms, and the information shall be submitted in the manner required and according to all due dates as set by the State. Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have authority to examine the records of the contractor, subcontractor, or local agency relating to the project at any time. i. Whenever funds from the American Recovery and Reinvestment Act of 2009 (ARRA) are distributed to a Local Government, the Local Government must complete its Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC), as, required by OMB Circular A-133, and separately identify any ARRA expenditures for Federal Awards. 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 cantract shall be terminated immediately with no liability to either party. 4. Nofiices All notices to either party by the other 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: AFA-LPAFA NonConstruction.dac Page 4 of 6 Revised 09I23/2d09 Local Government: Assistant City Manager City of Fort Worth 1000 Throelcinorton Street Fort Worth; Texas 76102 csJ #090248-757 District # 02-Fort Worth Code Chart 64 #15000 Project: City of Fort Worth Modern Streetcar CFDA #20.205 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Austin, Texas 78701 All notices shall be deemed given on the date delivered or deposited in the mail 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 the request shall be carried out by the other party. 5. Termination _ Termination of this LPAFA-NonCST shall be under the conditions as stated in the Master Agreement, without exception. 6. Amendments Amendments to this LPAFA-Non CST shall be made as described in the Master Agreement, without exception. 7. 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 project 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. 8. Incorporation of Master Agreement Provisions This LPAFA Non -CST incorporates all of the governing provisions of the Master Funding Agreement in effect on the date of final execution of this LPAFA Nan -CST, unless an exception has been made in this agreement. 9. 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 [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. AFA-LPAFA NonConstruction.doc Page 5 of 6 Revised 09123(2009 CSJ #090248-757 District # 02-Fort Worth Code Chart 64 # 15000 Project: City of Fort Worth Modern Streetcar CFDA #20,205 1U. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this LPAFA-NonCST on behalf of the entity represented. THEREFORE, the parties have executed this LPAFA-NonCST in duplicate originals. THE LOCAL GOVERNME[VT �i• i� Printed Name and Title Attested bye C�aty ��cretary THE STATE OF TEXAS `�11Ai�,ioa'�'�'' 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. _ �lanice Mulle�x, Director of Contract Services Texas Department of Transportation to Contra�i. Author_ i za�io� Dat•,� _ _ _ _ - OFFtC��.L p'ECOI�U AFA-LPAFA_NonConstruction.doc Page 6 of 6 Revised 09/23/2009 Attachment B The scope of work far streetcar planning and design project includes three phases. Fhase one is evaluating the Modern Streetcar Study Committee's recommendations, preparing design and operational assumptions, estimating ridership, and analysis of economic impacts; phase two is financial and business planning; and phase three is preliminary engineering and environmental assessment of a starter alignment. Specific Tasks to be performed Pltnse I—AligirllteittEvalrtatio�t atrdDefrr:rtiorr, �COit0))IICAllalyslS n/td east Estimates Task 1 -Recommended Alignment Evaluation and Development of Design and Operation Assumptions The purpose oft%is task is to review the recommended starter alignment for issues that limit its effectiveness as an urban circulation transit mode and provide assumptions to be used for developing the necessary schematic design work for alignment refinement and cost estimate preparation. Subtasks would include but are not limited to: O Provide assumptions of the starter alignment Provide preferred technology options ® Assess vehicle procurement timelines and preferred vehicle selection process. ® Assess issues with operation of the starter alignment. • Evaluate Bus -Rapid Transit as a mode for the recommended starter alignment. ® Conduct a basic utility review. f Determine the type and schedule for preparation of an environmental document Deliverables: Technical Memorandums far Design Assumptions, Alignment Refinement, and Vehicle Options Taslc 2 ----Economic Development Impact Analysis The purpose of this task is to provide an analysis of economic development potential of properties within a 1000-foot buffer of all five lines identified by the Study Committee as possible routes. Items to be considered will include: An analysis of vacant and under -developed sites and their development potential, ® Projected property value appreciation and forecasted increase in property tax revenues over a no -build scenario, ® Projected new residential units and new commercial square feet Deliverables: A Technical Memorandum describing the total potential economic impact of the streetcar including the potential role of Public Private Partnerships and the analysis of the components of the economic impact. Task 3 —Ridership, Initial Capital and Operating Cast Estimates The purpose of this task is to provide estimated ridership and operating costs of the starter alignment based on the findings and assumptions developed in Task 1 and the economic development projected in Task 2. ® Estimated ridership d ital i CapCast Estimate for the starter aIgnmenfi, and o Estimated 5-year operating and maintenance cost forecast. Deliverables: Technical Memorandums with ridership forecasts and capital and operating and maintenance cost forecasts Phase 2 — Btrsittess Plarr artd P/tasittg Recottttttentlatio�t Task 4 —Business Plan The purpose of this task is to provide the framework for the organizational and financial structures necessary for a streetcar system in Fort Worth. This includes the subtask to explore, evaluate and document opportunities for cooperative effort between this and other planned streetcar projects, especially concerning the project under development by the City of Dallas and DART. o Organizational Plan Financial Plan Deliverables: A Finance and Implementation Technical Memorandum and Strategic and Technical Advise regarding a grant application under the UNDOT Urban Circulator program. Task 5 — Project Phasing Recommendation Incorporating the results of all project work to date, HDR will work with the stakeholders to develop a project phasing recommendation. Deliverables: A Phase 1 and 2 Summary Report and Presentation Phase 3 —Design arrd Documentation Task 6 —Preliminary Engineering and Environmental Assessment Preliminary Engineering: The purpose of this task is to provide schematic design and preliminary engineering for the selected first phase as determined after consideration of the recommendation of the proj eet team. Drainage, surveying, mapping, geotechnical survey and analysis ® Utility relocation. s Track Alignment, typical sections, grade crossings, stop locations and layouts ® Traffic signalization plans ® Site civil design • Right-of-way engineering and plans ® Maintenance facility specifications ® NEPA Environmental Assessment Coordination with streetscape, street/bridge reconstruction, and adjacent private construction projects Deliverables: Preliminary Engineering Plans, Geotechnical Report, Traffic Operations Study, Construction Cost Estimate, Maintenance Facility Site Selection Report Environmental Assessment: Concurrent with PE, HDR will conduct environmental analyses to support an anticipated Environmental Assessment (EA) to advance potential receipt of FTA fiends for project development. The EA will be organized per NEPA requirements. Deliverables: Draft and Final Environmental Assessment, FONSI Taslc 7 —Public Involvement The purpose of this task is to ensure transparency in the planning process while receiving input and building consensus among stakeholders. ® Conduct meetings o Provide briefings to City Council, The T Board of Directors and other key stakeholders Prepare meeting displays and conduct the technical presentation of these displays. ® Communicate with the Project Managers on a regular basis to report on the project progress. ® Establish guiding principles for the project. Deliverables: Public Involvement flan, �Veb-based media support, Stakeholder and Communityipubli W meeting coordination and implementation csJ # 090248-757 District # 02-Fort Worth Cade Chart 64 #15000 Project: City of Fort Worth Modern Streetcar CFDA # 20.205 ATTAC n IVI I I C PROJECT BUDGET OFF STATE SYSTEM C�► t = � T:Z�hl�+3� The following are estimated Project costs and their allocation between the parties. Description Federal Participation Local Participation Total Project Cost % Cost % Cost % Preliminary Engineering 80 $9862240. 20 $246,560. 100 $1,232,8004 Planning 80 $52030000 20 $13010000 100 $650,000. Subtotal $12506,240. $3763560. $11882,800. Direct State Costs 80 $93,760. 20 $ 23,440, 100 $11712001 TOTAL 80 $1,600,000. 20 $4001000. 100 $2,000,0009 Local Government's Participation = $400,000A0 Upon execution of this contract please remit $23.440.00 for Direct State Cost. This is an estimate only. Final participation amounts, including State direct costs, will be based on actual charges to the Project. Page 1 of 1 Attachment C COUNCIL ACTION: Approved on 9/22/2009 —Ord. No. 1$831-09-2009 DA'I'E: Tuesday, September 22, 2009 REFERENCE NO.: G-1670$ LOG NAME: 06MODERN STREETCAR PLANNING AND DESIGN SUBJECT: Authorize Acceptance of $1,600,000.00 in Federal Transportation Funds, Authorize Allocation of Funds for Local Rail Planning and Design, Authorize Execution of Funding Agreements with the Texas Department of Transportation and The Fort Worth Transportation Authority and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager [o accept Congestion Mitigation and Air Quality Improvement Program federal transportation funds in the amount of $I,600,000.00 (consisting of $1,424,000.00 cash and $176,000.00 non —cash) allocated by the Regional Transportation Council for local rail planning and design; 2. Authorize the City Manager to execute a Funding Agreement with the Texas Department of Transportation for use of the federal funds and to remit payment for applicable administrative fees, not to exceed $44,000.00; 3. Authorize the City Manager to execute an Inter —Coca] Agreement with the Fort Worth Transportation Authority in order to split the required $400,000.00 in local match and to address project management dudes; 4. Authorize the transfer of $200,000.00 from the New Development Fund to the Grant Capital Projects Fund for the City match; and 5. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Grant Capital Projects Fund by $2,000,000.00. DISCUSSION - The 2004 Capital Improvement Program included funds for the City's match for federal or state grant funds for redevetopment or streetscape projects in the City. On April 14, 2009, (M&C G-1b53b) the City Council adopted an ordinance finding that conditions have materially changed and expanded the allowed use of approximately $1.3 million in 2004 Capital Improvement Program Funds for urban development to include the proposed modern streetcar system and non —grant urban village projects. In July 2008, the City Council appointed a Modern Streetcar Study Committee to evaluate the feasibility of developing a modern streetcar system to complement the regional rail system, including identifying a starter alignment and recommending implementation steps. In December 2008, the Modern Streetcar Study Committee recommended to the City Council next steps for implementation of a modern streetcar system that would connect Downtown with up to six urban villages. One of the first steps recommended is to hire a consultant to conduct additional planning work and to prepare the schematic design of the streetcar alignments. In August 2008, the Regional Transportation Council (RTC) allocated $1.6 million in Regional Toll Revenue (RTR) funds for the modern streetcar project. Due to a State Attorney General ruling that RTR funds must be spent on projects within the generating Texas Department of Transportation (TxDOT) district, the allocated RTR funds are no longer available. In July 2009, the RTC allocated $1.6 million in Congestion Mitigation and Air Quality (CMAQ) Improvement Program federal funds to replace the RTR funds for the streetcar project. The Fort Worlh Transportation Authority {The T) has committed to provide one—half of the required $400,000.00 local match for a total of $2.0 million for planning and design work. The T Board of Directors . allocated $150,000.00 in March 2009, and has an action item on their September 2009, agenda to allocate the remaining $50,000.00 in matching funds. The City Council approved the use of $200,000.00 from 2004 Urban Development Bond funds for the project in April 2009 (M&C G-16536). The City and The T would enter into an agreement to provide funding for the local match. The federal funds require a funding agreement with TxDOT, The Purchasing Office released a Request for Qualifications (RFQ) for this project on September 9, 2009. The scope of work includes preparing design and operational assumptions, estimated ridership, analysis of economic impacts, financial and business planning and preliminary engineering and environmental assessment of a starter alignment. The Disadvantaged Business Enterprise (DBE) participation goal is 20 percent. Upon approval of this M&C, staff will complete the following activities: ® Work with The T to execute an inter —local agreement regarding IocaI match and project management duties; • Work with TxDOT to execute a funding agreement and remit payment for TxDOT's administrative fees, estimated to be eight percent of project costs; Work with a stakeholder committee to select the consultant team; and o Request City Council authorization to execute a professional services agreement with the selected consultant team. Staff anticipa#es work to begin in November 2009, and conclude by August 2010. The project is applicable to ALL COUNCIL DISTRICTS, FISCAL INFORMATION: The Financial Management Services Director certifies that upon approval of the above recommendations, execution of agreements with TxDOT and The T and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Grant Capital Projects Fund. FUND C,FNTERS: TO Fund/Account/Centers I & 5) GR74 451942 006302416000 1 & 5) GR74 451962 006302416000 3 & 5) GR74 451454 006302416000 4 & 5) GR74 472202 006302416000 5, ) GR74 5(VARIOUS) 006302416XXX 5) GR74 533280 006302416XXX 5) GR74 5(VARIOUS) 006302416XXX 2 & 5) GR74 539120 006302416XXX FROM FundLAccount/Centers 51.424.000 C10 '_) GR74 `l;1 6.0'Z-00-00 539120 0QA302416XXX 200.000.00 44) C202 2004000.00 538070 061770141030 R 1.424.000.00 1 Z6.000,00 �356.ono.oa 4;44.000.00 544.000.00 ��00.000.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Fernando Costa (6122) riginating Department Head: Susan Alanis (8180) Additional Information Contact: David Gaspers (8183) ATTACHMENTS 1. OfMODERN STREETCAR PLANNING Ordinance.doc 2. Accounting 1nfo.pdf 3. FAR-00001 ll1.frdf