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Contract 43904
STATE OF TEXAS COUNTY OF TRAVIS § CITY SECRETARY COCTNO.M%Qt CSJ #0902-48-453 District #02 - 1=TW Code Chart 64 #15000 Project: East Rosedale Street from West of Miller to Stalcup West of IH 820 (Phase 2) Federal Highway Administration CFDA # 20.205 Not Research and Development LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Surface Transportation Program -Metro Mobility and Strategic Priority Project (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 113074 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 S-Se,- reerif-u3 & e� 2_Aa , 20 `L , 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 OFFICIAL RECORD 1. Period of the Agreement CITY SECRETARY The period of this LPAFA is as stated in the Master Agreement, without excmpffhwORTH, TX 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. 11-21-12 A10:46 IN AFA-LPAFA_ShortGen.doc Page 1 of 8 Revised 05/04/2012 CSJ #0902-48-453 District #02 - FTW Code Chart 64 #15000 Project: East Rosedale Street from West of Miller to Stalcup West of IH 820 (Phase 2) Federal Highway Administration CFDA # 20.205 Not Research and Development 4. Scope of Work The scope of work for this LPAFA is described as reconstruction and rehabilitation on East Rosedale Street from four (4) lanes to four (4) lane divided with raised median. 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 Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the State as stated in the Master Agreement. The State 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 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. 10. Construction Responsibilities Construction responsibilities will be carried out by the State as stated in the Master Agreement. 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 AFA-LPAFA_ShortGen.doc Page 2 of 8 Revised 05/04/2012 CSJ #0902-48-453 District #02 - FTW Code Chart 64 #15000 Project: East Rosedale Street from West of Miller to Stalcup West of IH 820 (Phase 2) Federal Highway Administration CFDA # 20.205 Not Research and Development 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 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, including any project cost overruns, unless otherwise provided for in this agreement or through amendment of this agreement 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 Governments 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. In the event that 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. G. 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 Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's AFA-LPAFA_ShortGen.doc Page 3 of 8 Revised 05/04/2012 CSJ #0902-48 453 District #02 - FTW Code Chart 64 #15000 Project: East Rosedale Street from West of Miller to Stalcup West of IH 820 (Phase 2) Federal Highway Administration CFDA # 20 205 Not Research and Development contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. H. 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. 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 R 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. AFA-LPAFA_ShortGen.doc Page 4 of 8 Revised 05/04/2012 CSJ #0902-48-453 District #02 - FTW Code Chart 64 #15000 Project: East Rosedale Street from West of Miller to Stalcup West of IH 820 (Phase 2) Federal Highway Administration CFDA # 20 205 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 ofcoverage 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 is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party 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 OMB Circular A-87 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: City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 State: Director of Contract Services Texas Department of Transportation 125E 11 " Street 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. AFA-LPAFA_ShortGen.doc Page 5 of 8 Revised 05/04/2012 CSJ #0902-48-453 District #02 - FTW Code Chart 64 #15000 Project: East Rosedale Street from West of Miller to Stalcup West of IH 820 (Phase 2) Federal Highway Administration CFDA # 20.205 Not Research and Development 19. Civil Rights Compliance The Local Government shall comply with the regulations of the U S. Department of Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Fxecutive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 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. D. 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://txdot.cjov/business/business outreach/mou.htm. 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. AFA-LPAFA ShortGen.doc Page 6 of 8 Revised 05/04/2012 CSJ #0902-48-453 District #02 - FTW Code Chart 64 #15000 Project: East Rosedale Street from West of Miller to Stalcup West of IH 820 (Phase 2) Federal Highway Administration CFDA # 20.205 Not Research and Development 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://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.cipo.gov/2010/pdf/2010-22706. pdf. D. The Local Government agrees that it shall: 1. Obtain and provide to the State and the Federal government, a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for more than $25,000 in Federal Funding. The CCR number may be obtained by visiting the CCR website whose address is: https://www.bpn.cioviccridefault.aspx; 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedciov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 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 OMB Circular A-133. B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/contact us/audit.htm. C. If expenditures are Tess than $500,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 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. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA-LPAFA ShortGen.doc Page 7 of 8 Revised 05/04/2012 THE LOCAL GOVERNMENT ATTEST: /1/ City Secreth CSJ #0902-48-453 District #02 - FTW Code Chart 64 #15000 Project: East Rosedale Street from West of Miller to Stalcup West of IH 820 (Phase 2) Federal Highway Administration CFDA # 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by t iC t t=, nd the Local Government in duplicate. fr904111 0 C IT t'r0 0 Og 0 0 y1/4traq 04 % (eA 4� sth miztiff 0000 #u e'icA , A0 c01214 of Fort Worth 0 0 4.4; ‘11rIsm Fernando Costa Assistant City Manager 0 APPROVED AS TO FORM AND LEGALITY APPfiQVAL RECOMMENDED By Assistant City Attorney in+7 9 _ 7,2 Z, THE ST j�EXA�S I Kfnneth Ste Deputy Director of Contract Services Texas Department of Transportation Dater 7/C7...- By a Li Douglas W. Wiersig, P.E. Director Transportation and Public Works Date: 0/4/1 I ©171101Alt, ,=t 17 MTV gia,UNI.E/TV r ico \ifigO i frd n 'U AFA-LPAFA_ShortGen.doc Page 8 of 8 Revised 05/04/2012 CSJ #0902-48 453 District #02 - FTW Code Chart 64 #15000 Project. East Rosedale Street from West of Miller to Stalcup West of IH 820 (Phase 2) Federal Highway Administration CFDA # 20 205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE (See Attachment) AFA-LPAFA ShortGen.doc Page 1 of 1 Attachment A A Resolution NO. 4137-09-2012 A RESOLUTION AUTHORIZING THE EXECUTION OF A LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $17,940,200.00 FOR ENGINEERING, RIGHT-OF-WAY AND CONSTRUCTION OF EAST ROSEDALE STREET FROM WEST OF MILLER AVENUE TO STALCUP ROAD AS FOUR LANES DIVIDED WITH RAISED MEDIANS, SIDEWALKS, INTERSECTION AND SAFETY IMPROVEMENTS AND PEDESTRIAN AMENITIES WHEREAS, A Master Funding Agreement between the City of Fort Worth and the Texas Department of Transportation ("State") has been adopted and states the general teiins and conditions for transportation projects developed through a Local Project Advanced Funding Agreement (LPAFA); and WHEREAS, the Texas Transportation Commission passed Minute Order 113074, dated April 26, 2012 that provides for the development of, and funding for, the project described herein; and WHEREAS, on June 26, 2012 a Memorandum of Understanding (MOU) was executed between the Texas Department of Transportation, North Central Texas Council of Governments, Tarrant County and the City of Fort Worth to outline an agreement regarding the funding, implementation strategy, roles and responsibilities and project timing for East Rosedale Street reconstruction from U.S. 287 to Stalcup Road; and WHEREAS, the MOU divided the project into three segments: East Rosedale Street from U.S. 287 to west of Miller Avenue, East Rosedale Street from west of Miller Avenue to Stalcup Road, and East Rosedale Street Sustainable Development from Nashville Avenue to Collard Street in the Polytechnic/TWU area; and WHEREAS, the City of Fort Worth desires to enter into a Local Project Advance Funding Agreement with the Texas Department of Transportation for engineering, right-of-way and construction of East Rosedale Street from west of Miller Avenue to Stalcup Road as four lanes divided with a raised median, sidewalks, intersection and safety improvements and pedestrian amenities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Authorizes the City Manager to execute a Local Transportation Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation in the amount of $17,940 200.00 for engineering, right-of-way and construction of East Rosedale Street from west of Miller Avenue to Stalcup Road as four lanes divided with a raised median, sidewalks, intersection and safety improvements and pedestrian amenities. Adopted this 25`11 day of September, 2012. A 1"1 EST: By: I Mary Kayser, C it) S ecretary CSJ #0902-48-453 District #02 - FTW Code Chart 64 #15000 Project. East Rosedale Street from West of Miller to Stalcup West of IH 820 (Phase 2) Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP (See Attachment) AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment A MAYOR AND COUNCIL COMMUNICATION MAP 20 EAST ROSEDALE STREET WEST OF MILLER AVE TO STALCUP RD MEoFO SHEI_TP AGREE Copyright 2011 City of Fort Worth. Unauthorized rep rod uctio n is a violation of applicable laws. This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location ofproperty boundaries. The City of Fort Worth assumes no responsibiity for the accuracy of said data. 1 kS LLJ -1VI �`-OWBRQOK 1 1 EAST ROSEDALE STREET (WEST OF MILLER AVE TO STALCUP RD e IELTO rY I r frl 1• 1 1500 3000 1 6000 a Ft 80 a 33 AamMIN 303r J on z W �-• O m- L J CITY PROJECT# 01895 DOE# 6850 • siMal 1 • R Ave Coleman Ave • )anner St la St 3 n E • en to 3 5 est Ion rt Bethune St °° r 0� p 0 fV ILr 0 P3 rat a) rN I fi z so •53s m 4 CT'` 4, Miller Ave 5 Hughes Ave Lloyd Ave 0 • < T n) VD 5 Edgewood Terrace > Lindsey Si Langston St Amanda Ave Effie St Vera Ave Vincennes St cn smi 54- 1 Ftta St Birdeli St ndrew Ave \sVisc.`1niii Ave n c Y fl r+ Stalcup Rd 2 J j 0 i-c?set rp To .71(• rka ws gh , G1 D ao rin r+ 1 0 I a S rin field St 'itt � 9 f , 0.1 I4 I I Aam° •; E. %ie St Miller Ave I • 1 1 re r' w u • 1 1 1 r ft PAIR aANsdweH S S Sargent St S Oakland Blvd _ Upton Ave Bradley St Griggs St CO S Hughes Ave Q Lloyd Ave a, 3 5' Fi S Rand St S Edgewood Terrace -.1,0 I e R rib ro House St PAIS aJiysdweH N 3 re Benton St Q Joseph Ln Wvnnie St Weiler Blvd • • • rap 0 Eda itt 0 Wasson St Catherine St Tierney Rd • Grandview Dr .11 tar ��Vel Ye rn r cu rD r� Ra i NHut RosA Z R Z CC $Qfr-Qi-7nRn CSJ #0902-48-453 District #02 - FTW Code Chart 64 #15000 Project: West of Miller to Stalcup West of IH 820 (Phase 2) Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Description Total Estimated Cost Right of Way (by Local Government) $600,000.00 Engineering (by State) $1,050,000.00 (STP-MM) CAT 7 $105,000.00 Construction (by State) $400,000.00 CAT 12 $3,000,000.00 (STP-MM) CAT 7 $10,641,401.00 Subtotal (Environmental Direct State Costs Right of Way Direct State Costs (1 %) Engineering Direct State Costs (@ 5%) Utility Direct State Costs Construction Direct State Costs (@7.76%) Indirect State Costs (@ 6.27%) TOTAL AFA-LPAFA ShortGen.doc $15,796,401.00 $1.00 $6,000.00 $57,750.00 $1.00 $1,089,613.00 $990,434.00 $17,940,200.00 Page 1 of 2 Federal Participation Cost 80% $480,000.00 0% $0 80% 84,000.00 0% $0 80% $2,400,000.00 80% $8,513,121.00 $11,477,121.00 0% $0 180% $4,800.00 0% $0 0% $0 80% $871,690.00 0% $0 $12,353,611.00 (State Participation I% Cost 0% $0 100% $1,050,000.00 0% $0 0% $0 0% $0 0% $0 $1,050,000.00 100% $1.00 0% $0 100% $57,750.00 100% $1.00 10% $0 100% $990,434.00 $2,098,186.00 Attachment C (Local Participation % Cost 20% $120,000.00 10% $0 20% $21,000.00 100% $400,000.00 20% $600,000.00 20% $2,128,280.00 $3,269,280.00 0% $0 20% $1,200.00 0% $0 0% $0 20% $217,923.00 0% $0 $3,488,403.00 CSJ #0902-48-453 District #02 - FTW Code Chart 64 #15000 Project: West of Miller to Stalcup West of IH 820 (Phase 2) Federal Highway Administration CFDA # 20.205 Not Research and Development Initial payment by the Local Government to the State: $22,200.00 Payment by the Local Government to the State before construction: $3,346,203.00 Estimated total payment by the Local Government to the State $3,368,403.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-LPAFA_ShortGen.doc Page 2 of 2 Attachment C City of Fort Worth, Texas Mayor and ouncil Communication COUNCIL ACTIoI!- �_..2= Resolution No. 4137-09-2012 DATE. Tuesday, September 25, 2012 REFERENCE NO.: C-25880 LOG NAME: 20EAST ROSEDALE RECONSTRUCTION FROM MILLER AVE TO STALCUP RD SUBJECT: Adopt Resolution Authorizing the Execution of a Funding Agreement with the Texas Department of Transportation in the Amount of $17,940,200.00 for Participation in the Reconstruction of East Rosedale Street from West of Miller Avenue to Stalcup Road (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution authorizing the execution of a funding agreement with the Texas Department of Transportation in the amount of $17,940,200.00 for engineering right-of-way and construction of East Rosedale Street from west of Miller Avenue to Stalcup Road; and 2. Authorize pre -payment to the Texas Department of Transportation in the amount of $22,200.00 for the City's local match for engineering and right-of-way in accordance of the funding Agreement. DISCUSSION: Execution of this funding Agreement in the amount of $17,940,200 00 allows for Federal, State and local funding participation to reconstruct East Rosedale Street from west of Miller Avenue to Stalcup Road from four lanes undivided to four lanes divided with raised medians, continuous sidewalks intersection and safety improvements, and pedestrian amenities. With this authorization, the City will pay $22,200 00 to TxDOT as part of the City's $3.5M local match for TxDOT to commence design of the project. The 2004 Capital Improvement Program included funds for East Rosedale Street from Miller Avenue to Stalcup Road for engineering, right-of-way, and construction and will be used to fund the City's match. On June 26, 2012 a Memorandum of Understanding (MOU) was executed between the Texas Department of Transportation, North Central Texas Council of Governments Tarrant County, and the City of Fort Worth to outline an agreement regarding the funding, implementation strategy, roles and responsibilities, and project timing for East Rosedale Street reconstruction from U.S. 287 to Stalcup Road. The project is divided into three segments, East Rosedale Street from U.S. 287 to west of Miller Avenue, East Rosedale Street from west of Miller Avenue to Stalcup Road, and East Rosedale Street Sustainable Development from Nashville Avenue to Collard Street in the Polytechnic/TWU area. This action allows the East Rosedale Street from U.S. 287 to Miller Avenue and Sustainable Development segments to move forward using solely local funds. The City of Fort Worth will manage the implementation of these two segments. The Texas Department of Transportation will manage the implementation of the East Rosedale Street segment from west of Miller Avenue to Stalcup Road. This project is located in COUNCIL DISTRICT 5, Mapsco 78M, 79J, 79K and 79L. Logname: 20EAST ROSEDALE RECONSTRUCTION FROM MILLER AVE TO STALCUP RD Page 1 of 2 FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact:. FROM Fund/Account/Centers 2)C200 539120 205230189530 Fernando Costa (6122) Douglas W. Wiersig (7801) Jim Walker (8009) David Jodray (8702) $22,200.00 ATTACHMENTS 1. 01895 20EAST ROSEDALE RECONSTRUCTION FROM MILLER AVE TO STALCUP RD FAR 1.odf (CFW Internal) 2. Aareement Rosedale PH2 Fundina.pdf (CFW Internal) 3. c200 485237.odf (CFW Internal) 4. East Rosedale MOU Fully Executed JUN2012 odf (Public) 5. Map East Rosedale Street West Of Miller Ave To Stalcuo Rd.pdf (Public) 6. Resolution Rosedale PH2r1.doc (Public) Logname. 20EAST ROSEDALE RECONSTRUCTION FROM MILLER AVE TO STALCUP RD Page 2 of 2