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Home My WebLink AboutContract 47147 (2)STATE OF TEXAS COUNTY OF T RAVIS 1 MI SECRETARY, C 4- -,'CT NO. § CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64#: 15000 Project: Trinity Trails — East Fort Worth Extension FHWA CFDA #: 20.205 Not Research and Development LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES PROGRAM PROJECT This Local Project Advance Funding Agreement ("LPAFA") is made between the State of Texas ("State"), acting through the Texas Department of Transportation, and City of Fort Worth ("Local Government"),acting through its duly authorized officials. BACKGROUND Local Government and State have adopted a Master Agreement that states the general terms and conditions for transportation projects developed through this LPAFA. Local Government prepared and submitted to North Central Texas Council of Governments a nomination form for consideration under the Transportation Alternatives Program (11TAP")for the project, which is briefly described as Trinity Trails — East Fort Worth Extension ("Project"). Federal law establishes federally funded programs for transportation improvements to implement its public purposes. Federal law, 23 USC § 134 and 49 USC § 5303, requires that State and metropolitan planning organizations develop transportation plans and programs for urbanized areas of Texas. Tex. Transp. Code §§ 201.103 and 222.052 establish that State shall design, construct, and operate a system of highways in cooperation with local governments. 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 ("Commission") passed Minute Order Number 114213 ("MO") dated February 26, 2015 awarding funding for projects in the 2014 TAP Program Call of the, including Project. The rules and procedures for TAP are established in 23 USC § 213, and 43 Tex. Admin. Code Subchapter 110F. The governing body of Local Government has approved entering into this LPAFA by resolution or ordinance dated Z' 2,01, , which is attached to and made a part of this LPAFA as Attachment A. Therefore, State and Local Government agree as follows: OPrcu. RCcop CITY SECRETARY FT WORTH, TX AFA-LPAFA_TAP Page 1 of 13 Revised 2015-07-09 CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64#: 15000 Project Trinity Trails East Fort Worth Extension FHWA CFDA #: 20.205 Not Research and Development AGREEMENT 1. Period of Agreement and Performance 1.1. Period of Agreement. The period of this LPAFA is as stated in the Master Agreement, without exception. 1.2. Period of Performance. a. Non -Construction Projects. N/A 1. Performance Period begins with the issuance of Federal Project Authorization Agreement ("FPAA') (i.e., the obligation of federal funds) by the Federal Highway Administrat on ("FHWA"). 2. Performance Period ends on {select date}. b. Construction -Related Projects. 1. Performance Period begins with the issuance of Construction FPAA by the FHWA. 2. Performance Period ends three years following issuance of Construction FPAA. 2. Termination of the LPAFA 2.1. The termination of this LPAFA shall extinguish all rights, duties, obligations and liabilities of State under this LPAFA and may be terminated by any of the following conditions: a. By mutual written consent and agreement of all parties; b. By any party with 90 days written notice; or c. By either party, upon the failure of the other party to fulfill the obligations as set forth in this LPAFA. Any cost incurred due to such breach of contract shall be paid by the breaching party. 2.2. If the potential termination of this LPAFA is due to the failure of Local Government to fulfill its contractual obligations, State will notify Local Government that possible breach of contract has occurred. Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. 2.3. If Local Government withdraws from Project after this LPAFA is executed, Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements 2.4. A project may be eliminated from the program as outlined below. If Project is eliminated for any of these reasons, this LPAFA will be appropriately terminated. A project may be eliminated from the program, and this LPAFA terminated, if a. Local Government fails to satisfy any requirements of the program rules cited as 43 Tex. Admin. Code Subchapter 11.F. b. The implementation of Project would involve significant deviation from the activities as proposed in the nomination form and approved by the North Central Texas Council of Governments. c. Local Government withdraws from participation in Project. AFA-LPAFA_TAP Page 2 of 13 Revised 2015-07-09 CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64#: 15000 Project Trinity Trails ® East Fort Worth Extension FHWA CFDA #: 20.205 Not Research and Development d. A construction contract has not been awarded or construction has not been initiated within three years after the date North Central Texas Council of Governments selected Project. e. State determines that federal funding may be lost due to Project not being implemented and completed. Funds are not appropriated, in which case this LPAFA shall be terminated immediately with no liability to either party. Payment under this LPAFA beyond the current fiscal biennium is subject to availability of appropriated funds. The associated FPAA is not issued by the end of the third federal fiscal year following the federal fiscal year for which the funds are authorized. Federal fiscal years run October 1 through September 30. h. Local Government fails to attend progress meetings at least twice yearly, as scheduled by State. 2.5. State, at its sole discretion, may terminate this LPAFA if not State does not receive project invoice within 120 days of Construction FPAA. g• 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work, Use of Project, and Project Location 4.1. The scope of work for Project (located as shown in Attachment B, Project Location Map) consists of: a 2.6 mile, 12' wide shared -use path that begins on the east at the intersection of Handley Ederville Road and the Wesc Fork of the Trinity River, traversing eastward along the river under IH 820 for 1.4 miles and then north and east to follow the perimeter of Trinity Lakes Development connecting to a new trail head at River Trails Park. The eastern terminus of the trail will connect to internal neighborhood off- street facilities to provide linkages to River Trails Elementary. A 12' wide 0 5 mile trail spur will continue north from the main trail connecting the funded and designed Phase I Trinity Boulevard Roadway improvements which includes 10 wide side -path paralleling the roadway. At Handley Ederville Road, the Trinity Trails East Extension will tie into a trail currently under design and funded for construction that will provide access to downtown Fort Worth. 4.2. Any project changes proposed must be submitted in writing by Local Government to State Changes may also require an amendment to this LPAFA and the approval of the FHWA State, North Central Texas Council of Governments or the Commission. Any changes undertaken without written approval and amendment of this LPAFA may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. 5. Right of Way and Real Property Acquisition 5.1. Right of way and real property acquisition shall be the responsibility of Local Government. Title to right of way and other related real property must be acceptable to State before funds may be expended for the improvement of the right of way or real property If Local Government is the owner of any part of Project site under this LPAFA Local Government shall permit State or its authorized representative access to occupy the site to perform all activities required to execute the work. 5.2. Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of AFA-LPAFA_TAP Page 3 of 13 Revised 2015-07-09 CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64# 15000 Project: Trinity Trails m East Fort Worth Extension FHWA CFDA #: 20.205 Not Research and Development 1970, 42 USC § 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR § 24.2(g). Documentation to support such compliance must be maintained and made available to State and its representatives for review and inspection. 5.3. Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use in the name of Local Government to the real property required for development of Project. The evidence of title or rights shall be acceptable to State, and be free and clear of all encroachments. Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop Project according to the approved Project plans Local Government shall be responsible for securing any additional real property required for completion of Project. 5.4. Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to State for approval prior to Local Government acquiring the real property. Tracings of the maps shall be retained by Local Government for a permanent record. 5.5. Local Government shall determine of property values for each real property parcel to be purchased with federal funds using methods acceptable to State and shall submit to State a tabulation of the values so determined signed by the appropriate Local Government representative The tabulations must list the parcel numbers, ownership, acreage, and recommended compensation. The tabulation must be accompanied by an explanation to support the estimated values, together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by Local Government in performing this work may be eligible for reimbursement after Local Government has received written authorization by State to proceed with determination of real property values. State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market values. 5.6. Local Government shall not use eminent domain or condemnation to acquire real property for this TAP Project. 5.7. Reimbursement for real property costs will be made to Local Government for real property purchased in an amount not to exceed 80 percent of the cost of the real property purchased in accordance with the terms and provisions of this LPAFA. Reimbursement will be in an amount not to exceed 80 percent of State's predetermined fair market value of each parcel or the net cost thereof, whichever is less. In addition, reimbursement will be made to Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. 5.8. Local Government and current property owner are responsible for any costs associated with the relocation of displaced persons and personal property as well as incidental expenses incurred in acquiring property to implement Project. State will not pay any of these costs 5.9. If Project requires the use of real property to which Local Government will not hold title, a separate agreement between the owners of the real property and Local Government must be executed prior to execution of this LPAFA. The separate agreement between Local Government and the current property owner must establish that Project will be dedicated for public use for a period of time not less than ten years after project completion and commensurate with the federal investment as outlined in 43 Tex. Admin. Code § 11.317. The separate agreement must define the responsibilities of the parties as AFA-LPAFA_TAP Page 4 of 13 Revised 2015-07-09 CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64#: 15000 Project: Trinity Trails — East Fort Worth Extension FHWA CFDA #: 20.205 Not Research and Development to the use of the real property and operation and maintenance of Project after completion. The separate agreement must be approved by State prior to its execution and a copy of the executed separate agreement shall be provided to State. 5.10. Local Government shall execute individually or produce a legal document as necessary to provide for Project's continued use from the date of completion, and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. 5.11. Local governments receiving federal funds must retain an inventory of funded items and monitor projects in accordance with 23 CFR Part 710 and 49 CFR § 18.82 and with the procedures provided in State's Local Government Project Procedures manual. Local Government agrees to monitor Project to ensure: (1) continued use of the property for approved activities, and (2) the repayment of the Federal funds, as appropriate. a. Local Government agrees to the review of their Project accounts and site visits by State during the development of Project at any time. b. Upon Project completion, State will continue to perform periodic visits to confirm Project's continued use and upkeep. 5.12. 45 days prior to any construction contract let date, Local Government shall provide a certification to State that all real property has been acquired. 6. Utilities 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 State of a delay resulting from Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. Local Government will not be reimbursed with federal or state funds for the cost of required utility work, unless specified in the Transportation Alternatives Program Nomination Form ("TAP Form') and approved by State. Local Government must obtain advance approval for any variance from established procedures Before a construction contract is let, Local Government shall provide, at State's request, a certification stating that Local Government has completed the adjustment of all utilities that must be adjusted before construction begins. Additional utility work may be required due to unknown conditions discovered during construction. These costs may be eligible for TAP participation if: the activity is required to complete Project; the cost is incidental to Project, and TAP funding is available. Any change orders must be approved by State prior to incurring any cost for which reimbursement is sought. 7. Environmental Assessment and Mitigation Development of Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. 7.1. Local Government is responsible for the identification and assessment of any environmental problems associated with the development of Project. 7.2. Local Government is responsible for the cost of any environmental problem's mitigation and remediation. These costs will not be reimbursed or credited towards Local Government's financial share of Project unless specified in the nomination form and approved by State. 7.3. Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. AFA-LPAFA_TAP Page 5 of 13 Revised 2015-07-09 CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64#: 15000 Project Trinity Trails — East Fort Worth Extension FHWA CFDA #: 20.205 Not Research and Development 7.4. 45 days prior to any construction contract let date, Local Government shall provide a certification to State that all environmental problems have been remediated. Additionally before the advertisement for bids, Local Government shall provide to State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Architectural and Engineering Services Architectural and engineering services for preliminary engineering will be provided by Local Government. In procuring professional services, the parties to this LPAFA must comply with federal requirements cited in 23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these services; and with Tex. Gov't Code Subchapter 2254.A , in all cases. Professional services contracts for federally funded projects must conform to federal requirements. Architectural and Engineering Services are not eligible for TAP reimbursement in the Statewide TAP Program. 8.1. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects, the U.S. Secretary of the Interior's Standards for Historic Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer as applicable. The engineering plans shall be developed in accordance with State s applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the two American Association of State Highway and Transportation Officials' ("AASHTO") publications 'A Policy on Geometric Design of Highways and Streets" and "Guide for the Development of Bicycle Facilities," as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways Streets and Bridges. The t,se of other systems of specifications shall be approved by State in writing in advance. 8.2. When architectural and engineering services are provided by or through Local Government Local Government shall submit any plans it has completed to State for review and approval. Local Government may also submit the plans to State for review anytime prior to completion Local Government shall make the necessary revisions determined by State. Local Government will not let the construction contract until all required plans have received State approval 8.3. When architectural and engineering services are provided by or through State, then the following applies: State is responsible for the delivery and performance of any required architectural or preliminary engineering work Local Government may review and comment on the work as required to accomplish Project purposes. State will cooperate fully with Local Government in accomplishing these Project purposes to the degree permitted by state and federal law. 9. Construction Responsibilities 9.1. Local Government shall advertise for construction bids, issue bid proposals receive and tabulate the bids, and award and administer the contract for construction of 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 that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by State prior to advertising for construction. AFA-LPAFA_TAP Page 6 of 13 Revised 2015-07-09 CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64#: 15000 Project Trinity Trails — East Fort Worth Extension FHWA CFDA #: 20.205 Not Research and Development 9.2. All contract letting and award procedures must be approved by State prior to letting and award of the construction contract, whether the construction contract is awarded by State or by Local Government. 9.3. All contract change order review and approval procedures must be approved by State prior to start of construction. 9.4. Upon completion of Project, the party constructing Project will issue and sign a "Notification of Completion' acknowledging Project's construction completion. 9.5. For federally funded contracts, the parties to this LPAFA will comply with federal construction requirements provided in 23 CFR Parts 633 and 635, and shall include the latest version of Form "FHWA- 1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR Subpart 635.6. 9.6. Any field changes, supplemental agreements, or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by State and Local Government prior to authorizing the contractor to perform the work Prior to completion of Project, the party responsible for construction will notify the other party to this LPAFA of the anticipated completion date. All parties will be afforded the opportunity to assist in the final review of the construction services performed by the contractor. 10. Project Maintenance 10.1. Upon completion of Project, Local Government will be responsible for maintaining the completed facility for public use The property shall be maintained and operated for the purpose for which it was approved and funded for a period of time commensurate with the federal investment or State rules whichever is greater. Should Local Government at any time after Project completion decide it can no longer maintain and operate Project for its intended purpose, Local Government shall consult with State and the FHWA as to the disposal or alternate uses, consistent with Project's original intent. State may require Local Government to return the federal funds in accordance with 2 CFR Part 200 federal recapture requirements Should Local Government consider conveying the property, State and FHWA must be notified prior to the sale, transfer, or disposal of any property that received federal funds. Written concurrence of approval for the transaction, detailing any required recapture, must be obtained from FHWA prior to the transaction. Advance notice from Local Government of their intended action must be submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local Government. Local Government shall beheld responsible for reimbursement of all federal funds used or a portion of those funds based on a pro-rata amount, considering the original percentage of federal funds provided and the time elapsed from Project completion date This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property, as applicable. 10.2. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the name of Local Government. State shall not be responsible for honoring any warranties under this LPAFA. 10.3. Should Local Government derive any income from the development and operation of Project, a portion of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future maintenance A project income report shall be submitted to State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures and with the property management standards established in 2 CFR Part 200. AFA-LPAFA_TAP Page 7 of 13 Revised 2015-07-09 CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64# 15000 Project: Trinity Trails ® East Fort Worth Extension FHWA CFDA #: 20.205 Not Research and Development 10.4. Should any historic properties be included in or affected by this federally funded Project, the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of Project. 11. Local Project Sources and Uses of Funds 11.1. A Project Budget Estimate and Source of Funds is provided as Attachment C, showing the total estimated development cost of Project. This estimate shows the itemized cost of real property, utilities, e nvironmental assessments construction and other construction related costs. To be eligible for reimbursement or as in -kind contribution costs must have been included in the nomination form approved by the North Central Texas Council of Governments. State and the Federal Government will n ot reimburse Local Government for any work performed outside the Performance Period. After federal funds have been obligated, State will send to Local Government a copy of the formal documentation showing the obligation of funds including federal award information. Local Government is responsible for 100 percent of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. 11.2. If Local Government will perform any work under this LPAFA for which reimbursement will be provided by or through State Local Government must complete training in Local Government Procedures Qualification for the Texas Department of Transportation before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on Project successfully completes and receives a certificate for the course. Local Government shall provide the certificate of qualification to State. The individual who receives the training certificate may be an e mployee of Local Government or an employee of a firm that has been contracted by Local Government to perform oversight of Project. State in its discretion may dany reimbursement if Local Government has n ot designated a qualified individual to oversee Project. 11.3. The Project budget and source of funds estimate based on the budget provided in the TAP Form is included as Attachment C. Attachment C shows the percentage and estimated dollar amounts to be contributed to Project by state and local sources, as well as the maximum amount in federal Transportation Alternative Program funds assigned by the Commission or North Central Texas Council of Governments to Project. This LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the Transportation Improvement Program, Federal Project Authorization and Agreement ("FPAA"), or other federal documents. 11.4. Local Government will be responsible for all non-federal participation costs associated with Project, including any overruns in excess of Project's estimated budget and any operating or maintenance expenses. 11.5. State will be responsible for securing the federal share of funding required for the development and construction of Project, in an amount not to exceed 80 percent of the actual cost of the work up to the amount of funds approved for Project by the Texas Transportation Commission. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to project selection by the Texas Transportation Commission and approval by State to proceed are not eligible for reimbursement. 11.6. Following execution of this LPAFA, but prior to the performance of any plan review work by State, Local Government will pay to State the amount specified in Attachment C for plan review. At least 60 days prior to the date set for receipt of the construction bids Local Government shall remit its remaining local match as specified in Attachment C for State's estimated construction oversight and construction cost AFA-LPAFA_TAP Page 8 of 13 Revised 2015-07-09 CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64#: 15000 Project: Trinity Trails — East Fort Worth Extension FHWA CFDA #: 20.205 Not Research and Development 11.7. In the event State determines that additional funding is required by Local Government at any time during Project, State will notify Local Government in writing. Local Government is responsible for the percentage of the authorized Project cost shown in Attachment C and 100 percent of any overruns above the federally authorized amount. Local Government will make payment to State within 30 days from receipt of State's written notification. 11.8. Whenever funds are paid by Local Government to State under this LPAFA, Local Government will remit a warrant made payable to the "Texas Department of Transportation.' The warrant shall be deposited by State and managed by State Funds may only be applied by State to Project. 11.9. Upon completion of Project, State will perform an audit of Project costs. Any funds due to Local Government, State, or the Federal Government will be promptly paid by the owing party. If after final Project accounting excess funds remain, those funds may be applied by State to Local Government's contractual obligations to State under another advance funding agreement with approval by appropriate personnel of Local Government. 11.10. In the event Project is not completed, State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. 11.11. 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 re -plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by Local Government The cost of providing right of way acquired by State shall mean the total a penses in acquiring the property interests through negotiations, including, but not limited to, expenses related to relocation, removal, and adjustment of eligible utilities. 11.12. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this LPAFA or indirectly through a contract or subcontract under the LPAFA. Acceptance of funds directly under this LPAFA or indirectly through a contract or subcontract under this LPAFA 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. 11.13. State will not pay interest on any funds provided by Local Government. 11.14. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this LPAFA. 11.15. 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 State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred, and if federal funding is reduced as a result, State shall have no responsibility to reimburse Local Government for those costs. 11.16. If Local government is an Economically Disadvantaged County ("EDC") and if State has approved adjustments to the standard financing arrangement, this LPAFA reflects those adjustments. AFA-LPAFA_TAP Page 9 of 13 Revised 2015-07-09 CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64#: 15000 Project Trinity Trails — East Fort Worth Extension FHWA CFDA #: 20.205 Not Research and Development 12. Document and Information Exchange Local Government agrees to electronically deliver to State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template Local Government shall also provide a detailed construction time estimate, including types of activities and month in which the activity will be completed, in the format required by State. This requirement applies whether Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of State, Local Government shall submit any information required by State in the format directed by State. 13. 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. 14. Compliance with Laws 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 LPAFA. When required, Local Government shall furnish State with satisfactory proof of this compliance. 15. Disadvantaged Business Enterprise Program Requirements 15.1. The parties shall comply with the Disadvantaged Business Enterprise ("DBE") Program requirements established in 49 CFR Part 26. 15.2. Local Government shall adopt, in its totality, State's federally approved DBE program. 15.3. Local Government shall set an appropriate DBE goal consistent with State's DBE guidelines and in consideration of Local market, project size, and nature of the goods or services to be acquired. Local Government shall have final decision -making authority regarding the DBE goal and shall be responsible for documenting its actions 15.4. Local Government shall follow all other parts of State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address: http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. 15.5. Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. 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. State's DBE program as required by 49 CFR Part 26 and as approved by DOT is incorporated by reference in this LPAFA. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this LPAFA. Upon notification to Local Government of its failure to carry out its approved program, State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC § 3801 et seq.). AFA-LPAFA_TAP Page 10 of 13 Revised 2015•-07-09 CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64#: 15000 Project: Trinity Trails — East Fort Worth Extension FHWA CFDA #: 20.205 Not Research and Development 15.6. Each contract Local Government signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) 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. 16. Debarment Certifications 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 LPAFA, Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this LPAFA shall require any party to a contract, subcontract, or purchase order awarded under this LPAFA to certify its eligibility to receive federal funds and, when requested by State, to furnish a copy of the certification. 17. Lobbying Certification In executing this LPAFA, each signatory certifies to the best of that signatory's knowledge and belief, that: 17.1. 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. 17.2. 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 Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions 17.3. The parties shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts sub -grants, and contracts under grants loans, and cooperative agreements) and all sub -recipients shall certify and disclose accordingly Submission of this certification is a prerequisite imposed by 31 USC 5 1352 for making or entering into this transaction. 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 $100,000 for each such failure. 18. Insurance 18.1. Should this Agreement authorize Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide State with a fully executed AFA-LPAFA TAP Page 11 of 13 Revised 2015-07-09 CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64#: 15000 Project: Trinity Trails — East Fort Worth Extension FHWA CFDA #: 20.205 Not Research and Development copy of State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and State may recover damages and all costs of completing the work. 18.2. For projects including buildings, Local Government agrees to insure the building according to Department specifications and further agrees to name the Federal Government as a "Loss Payee" should the building be destroyed. 19. Federal Funding Accountability and Transparency Act Requirements 19.1. Any recipient of funds under this LPAFA agrees to comply with the Federal Funding Accountability and Transparency Act ("FFATA') and implementing regulations at 2 CFR Part 170, including Appendix A. This LPAFA is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. 19.2. Local Government agrees that it shall: a. Obtain and provide to State a System for Award Management ("SAM") number (Federal Acquisition Regulation ('FAR") Subpart 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is https://www.sam.gov/portal/public/SAM/ b. Obtain and provide to State a Data Universal Numbering System (` DUNS') number, a unique nine -character number that allows the federal government to trac k 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 on-line registration website http://fedgov.dnb.com/webform: and c. Report the total compensation and names of its top five executives to State if: 1. More than 80 percent of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and 2. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 20. Single Audit Report 20.1. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. 20.2. If threshold expenditures are met during Local Government s fiscal year, Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11th Street Austin, TX 78701 or contact TxDOT's Audit Office at http //www.txdot.gov/inside- txdot/office/audit/contact.html. The expenditure threshold for fiscal years beginning prior to December 31 2014 is $500 000; the expenditure threshold for fiscal years beginning on or after December 31, 2014 is $750,000. AFA-LPAFA_TAP Page 12 of 13 Revised 2015-07-09 CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64#: 15000 Project: Trinity Trails — East Fort Worth Extension FHWA CFDA #: 20.205 Not Research and Development 20.3. If expenditures are Tess than the threshold during Local Government's fiscal year, Local Government must submit a statement to TxDOT's Audit Office as follows: We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY 20.4. For each year Project remains open for federal funding expenditures, 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 LPAFA, unless otherwise amended or Project has been formally closed out and no charges have been incurred within the current fiscal year. 21. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this LPAFA on behalf of the entity represented. Each party is signing this LPAFA on the date stated opposite that party's signature. AFA-LPAFA TAP Date: C'?iO20�� Date: /Phi n City of Fort Worth By: 4..14 Susan Alanis Assistant City Manager THE STATE OF TfXA$ By: Kenneth Stewart Director of Contract Services Texas Department of Transportation APPROVE L AS TO FORM AND LEGALITY: C TY ATTORNEY aqs- eti-24-• Page 13 of 13 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Revised 2015-02-26 CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64# 15000 Project Trinity Trails — East Fort Worth Extension FHWA CFDA #: 20205 Not Research and Development ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT AFA-AFA_TAP Page 1 of 1 Attachment A A Resolution NO. 4523-09-2015 A RESOLUTION AUTHORIZING THE EXECUTION OF A LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) FOR THE DESIGN AND CONSTRUCTION OF THE EAST FORT WORTH TRAIL EXTENSION PROJECT WHEREAS, the Transportation Alternatives Program, administered by the Texas Department of Transportation provides funding for programs and projects defined as transportation alternatives, including on and off road pedestrian and bicycle facilities; and WHEREAS, the City of Fort Worth applied for, and was awarded funding for the East Fort Worth Trail Extension Project (the `Project") through the Transportation Alternatives Program; and WHEREAS, The Project is estimated to cost $3,330,456.00 including City participation in the amount of $807,106.00; and WHEREAS, the City of Fort Worth desires to enter into a Local Project Advance Funding Agreement with the Texas Department of Transportation for the division of costs and responsibilities associated with the design and construction of the Project; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, THAT: The City Manages is authorized to execute a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation to provide the City's share of the costs, in the amount of $807,106.00, and responsibilities associated with the design and construction of the East Fort Worth Trail Extension Project. Adopted this 29th day of September. 2015. ATTEST Mary J. Kay y erwars r FORT WORT NEIGHBORHOOD ACCESS POINT '!J 1VAKEtNGING SIGNI GE It KIOSK 4'- fFUTURE OFF-STREET TRIAL CON NLGfOn (7D39 STEP GRANT) TRAIL ACAS POINT WITH WYFINDING $IGNA c _ d'''toe n. ! TI=-IN AT HANNC:EY EDE-i'd L..E a I TRAIL PROJECT /RAIL SAJOrti TRINIT'' RIND (ADJACENT TO CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64#: 15000 Project: Trinity Trails — East Fort Worth Extension FHWA CFDA #: 20.205 Not Research and Development ATTA C H M E N T B PROJECT LOCATION MAP CURL 10' 01DE G.AS EASEMENT) SIDEP;.7H -• - PDESTRIAN BRIDGE - I ( TRAIL G'VLRLOOKS WI a H WAN FINDING & ;NTERPRETVE ;� ^a r rv►. SIGNAGE TRINITY TRAILS EAST EXTENSION PHASES I&II NEIGH BOR HOOD :.0 CESS Pt '7 yy ft' YF)DINC Hw.n rr� s r h►rwntore RIVsi -ra.A r. NEIGHBORHOOD _ ACCESS ?Oita - W., WAYFIPJDIIJG SIGNAGE 8 KIOSK I .. 1 TRAILHEC.O --; WAYFINDING SIGNAGE & KIOSK f •�`'-- PEDES'RIAN �ENICU-AR CROSSING .- EUTIDRE BELL LANDING STRIP -j17,6111111.1.1..."T"dmisi"11" TRAIL I FCiFNf) de. Rearft= L % TIE-IN AT EXISTING�'�� TRINITY A;V'ER TAIL _ _.-t Pnast I T Inti Trals II "mac, Trays Existing Trails m • UM tali Prapasac Trais iiJ I cc: Foe; AFA-LPAFA_TAP Page 1 of 1 Attachment B CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64#: 15000 Project: Trinity Trails — East Fort Worth Extension FHWA CFDA #: 20.205 Not Research and Development ATTACHMENT C PROJECT ESTIMATE AND SOURCE OF FUNDS Local Government yerforms PE Work or Hires Consultant / Local Government Lets Project to Construction Description of Project Costs to be Incurred Work Performed by Local Government ("LG") Total Project Cost Estimate Federal Participation Includes additional percentage for TDC apportionment where applicable Cost % Preliminary Engineering $220,120 0% $0 0% Construction $2,835,872 80% $2,268,698 0% Work by LG Subtotal $3,055,992 $2,268,698 Description of Project Costs to be Incurred State Participation Cost Local Government (LG) Participation Includes any EDC reduction where applicable $0 100% $0 . 20% $0 Direct and Indirect State Costs Incurred for Review, Inspection, Administration & Oversight Total Project Cost Estimate Federal Participation Includes additional percentage for TDC apportionment where applicable State Participation % Cost % Preliminary Engineering) $2,751 ; 80% $2,201 0% Environmental Cost1 $2,751 . 80% $2,201 . 0% Right of Way3 $1 ; 0% $0 ' 0% ' Utilities2 $1 ; 0% $0 0% Construction2 $93,550 80% $74,840 0% Indirect State Costs2 $175,410 : 0% $0 100% Direct & Indirect State Cost Subtotal $274,464 $79,242 TOTAL PARTICIPATION $3,330,456 $2,347,940 Cost $220,120 $567,174 $787,294 Local Government (LG) Participation Includes any EDC reduction where applicable Cost % $0 , 20% $0 ; 20% $0 100% $0 100% $0 . 20% $175,410 0% $175,410 $175,410 Cost $550 $550 $1 $1 $18,710 $0 $19,812 $807,106 AFA-LPAFA_TAP Page 1 of 2 Attachment C CSJ: 0902-90-031 District #: 02-Fort Worth Code Chart 64#: 15000 Project: Trinity Trails — East Fort Worth Extension FHWA CFDA #: 20.205 Not Research and Development The estimated total participation by Local Government is $807,106.00, plus 100% of overruns. Total estimated payment by Local Government to State is $19,812.00. 1Local Government's first payment of $1,102.00 is due to State within 30 days from execution of this LPAFA. 2Local Government's second payment of $18,710.00 is due to State within 60 days prior to the Construction contract being advertised for bids. 31f ROW is to be acquired by State, Local Government's share of property cost will be due prior to acquisition. The eligible percent of required local match is stated in the nomination and must be 20 percent or greater, unless In -Kind, EDC adjustments or TDCs are applied. This is an estimate, the final amount of Local Government participation will be based on actual costs. Maximum federal TAP funds available for Project are $2,347,940.00. AFA-LPAFA_TAP Page 2 of 2 Attachment C Texas Department of Transportation 2501 SW LOOP 820 I FORT WORTH, TEXAS 76133-2300 I (817) 370-6500 I WWW.TXDOT.GOV October 12, 2015 RE: Transportation Alternatives Program Trinity Trails - East Fort Worth Extension CSJ: 0902-90-031 Tarrant County Mr. Jesus J Chapa Assistant City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Dear Mr. Chapa: Rtsnic-vi: ,73/0/1/41 Attached, for your files, is one fully executed original of the Local Project Advance Funding Agreement between the City of Fort Worth and the State for the above referenced project. All contractual matters concerning the agreement will continue to be handled by our Transportation Planning and Development office. If you should have any questions concerning this matter, please contact me at (817) 370-6997. Sincerely, Rose Rodriguez Transportation Planning & Development Office Fort Worth District Enclosures OUR GOALS MAINTAIN A SAFE SYSTEM ■ ADDRESS CONGESTION ■ CONNECT TEXAS COMMUNITIES ■ BEST IN CLASS STATE AGENCY An Equal Opportunity Employer M&C Review Page 1 of 3 UNCIL EN Official site of the City of Fort Worth, Texas FORT WORTII COUNCIL ACTION: Approved on 9/29/2015 - Ordinance No. 21941-09-2015 & Resolution 4523-09- 2015 DATE: 9/29/2015 REFERENCE NO.: CODE: G TYPE: G-18585 LOG NAME: NON- PUBLIC CONSENT HEARING: 802014 STEP AFA EAST FORT WORTH TRAIL EXTENSION NO SUBJECT: Adopt Resolution Authorizing Execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation in the Total Amount of $3,330,456.00 for Design and Construction of the East Fort Worth Trail Extension Project with Federal Participation in the Amount of $2,347,940.00, Indirect State Participation in the Amount of $175,410.00 and Local Participation in the Amount of $807,106 00 Including Payment of Direct State Cost to the Texas Department of Transportation in the Amount of $19,812.00 and Adopt Appropriation Ordinance (2014 BOND PROGRAM) (COUNCIL DISTRICTS 4 and 5) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution authorizing the execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation for the Transportation Alternatives Program - East Fort Worth Trail Extension Project in the amount of $3,330,456.00 with local participation in the amount of $807,106.00 which includes $19 812.00 for direct State costs; 2. Authorize the acceptance of $2,347,940.00 in federal funds contributing to the Transportation Alternatives Program East Fort Worth Trail Extension Project through Texas Department of Transportation; 3. Authorize the transfer of $585,884.00 from the 2014 Bond Program Fund to the Grants Capital Project Fund ($567,174.00 towards the City' s match and $18,710.00 for the direct State costs); 4. Authorize the transfer of $1,102.00 from the General Fund to the Grants Capital Project Fund for the direct State costs; 5. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Grants Capital Project Fund in the amount of $2,934,926.00; and 6. Authorize payment to the Texas Department of Transportation in the amount of $19,812.00 for direct State costs in accordance with the Local Project Advance Funding Agreement. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to adopt a Resolution authorizing the City Manager to execute a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT). The LPAFA details the responsibilities of both the City and TxDOT in the development of the project. This M&C also authorizes acceptance of federal grant funds, transfer of funds to serve as the City's match and adoption of the appropriation ordinance for the project. TxDOT issued a Call -for -Projects on February 24, 2014 under the federal Transportation Alternatives Program (TAP). The TAP program is unique in that it emphasizes the development of alternative transportation projects, which includes on and off street pedestrian and bicycle facilities, infrastructure for non -driver access to public transportation, projects that enhance mobility, and safe routes to school infrastructure projects. This is an 80 percent federally funded cost -reimbursement program with a minimum http://apps.cfwnet.org/council_packet/mc review.asp?ID=21357&councildate-9/29/2015 10/22/2015 M&C Review Page 2 of 3 20 percent local match. On May 20, 2014, (M&C G-18208) the City Council authorized the City Manager to submit an application for funding for the East Fort Worth Trail Extension Project On October 13, 2014, TxDOT notified the City of Fort Worth that the East Fort Worth Trail Extension Project was selected for funding. The East Fort Worth Trail Extension Project will serve as an extension of the Trinity Trail System further into east Fort Worth. The proposed trail improvements would include the construction of a ten (10) foot wide concrete trail with two foot shoulders and all other necessary grading and drainage improvements. Staff is working closely with Streams & Valleys, Inc , and Tarrant Acquisition, LTD., to partner with the City in providing engineering and right-of-way. The required local cash match in the amount of $567,174.00 will be funded from the 2014 Bond Program as part of the original project scope for enhancements to the Trinity River corridor in the vicinity of the Trinity River. Additionally the City is responsible for all design and engineering costs. It is anticipated that a developer in the area through whose land the trail traverses, will fund the design and engineering costs, in an anticipated amount of $220 120.00. Direct State costs in the amount of $19 812.00 are also required from the City, of which $18,710.00 will be paid with future allocations from the 2014 Bond Program and $1,102.00 will be paid from the General Fund as an advance payment required at the time the LPAFA is executed. This project is included in the 2014 Bond Program. Funding from the 2014 Bond Program, Proposition Two, provides for walks and trails in the amount of $1,500,000.00. These funds are designated for new trails and bridges from Quanah Parker Park to the City of Arlington's trail system, including a trail connection from Mallard Cove Park to the Trinity Trails System. The remaining balance of $914 116.00 will be used to extend the trail east to the Fort Worth City limits and to Mallard Cove Park. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with these projects is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 21241-05-2014). This project is located in COUNCIL DISTRICTS 4 and 5. 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 Fiscal Year 2015-16 Capital budget of the 2014 Bond Fund, future capital budget of the Grants Capital Project Fund, as appropriated and in the current operating budget of the General Fund. Fund 2014 Bond Program Total 2014 Bond Program Allotment $1, 500, 000.00 TO Fund/Account/Centers 3&5) GR74 472210 080XXXXXXXXX 4&5) GR74 472001 080XXXXXXXXX 2&5) GR74 4XXXXX 080XXXXXXXXX GR74 SXXXXX 080XXXXXXXXX $585.884.00 $1,102.00 $2, 347, 940.00 $2.934.926.00 Submitted for Citv Manager's Office bv: Originating Department Head: Projected Remaining Balance Encumbrance/Expenditure $585,884.00 $914,116.00 FROM Fund/Account/Centers 3) C210 538070 805500247730 $585,884.00 4) GG01 538070 0809010 $1,102.00 6) GR74 539120 080XXXXXXXXX $19,812.00 Susan Alanis (8180) Richard Zavala (5711) http://apps.cfwnet org/council_packet/mc review.asp?ID=21 3 57&councildate=9/2 9/20 15 10/22/2015 M&C Review Page 3 of 3 Additional Information Contact: David Creek (5744) ATTACHMENTS 2014 TAP Resolution - East FW Trail Extension Proiect 090215(Revised 9.11.15).doc 802014 STEP AFA EAST FORT WORTH TRAIL EXTENSION GR74 AO15R.docx Project map attch.pdf http://apps.cfwnet org/council_packet/mc_review.asp?ID=21357&councildate=9/29/2015 10/22/2015