HomeMy WebLinkAboutContract 43466 (2)OFFNCifll RECORD
CSJ # 0902-4&775
:� District # 02-Fort Worth
Cir ��,l CRIETARY Code Chart 64 # I5000
FTU WOM TIC Project: Design and Reconstruct
Dirks Road (from future SH 121
to Granbury Road)
CFDA # 20.205
STATE OF TEXAS §
COUNTY OF TRAVIS § CITY SECRETARN//
CONTRACT NPR _ _ � _` _ _ _
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For a CMAQ/Metro Mobility Project
(Off State 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, hereinafter called the "State"
and the City of Fort Worth, acting by and through its duly authorized officials, hereinafter called the
'Local Government."
WITNESSETH
WHEREAS, 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 112230 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 Nayr 00to which is attached hereto and made a part
hereof as Attachment A for development of the specific project which is identified in the location map
shown as Attachment B.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is
agreed as follows:
AGREEMENT
1. The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement,
without exception.
3. Amendments to this LPAFA shall be made as described in the Master Agreement, without
exception.
4. Scope of Work.
-� The scope of work for this LPAFA is described as the design and reconstruction of Dirks Road
o (from 2 lanes to 6 lanes — divided), including pavement and drainage from the eastern limits of the
future Southwest Parkway (SH 121) to Granbury Road, including reconstruction of the railroad bridge
z and track approaches.
AFA—LPAFA_OffSys Page 1 of 6 Revised 09/23/2009
CSJ # 0902-48-775
District # 02-Fort Worth
Code Chart 64 # 15000
Project: Design and Reconstruct
Dirks Road (from future SH 121
to Granbury Road)
CFDA # 20.205
5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in
the Master Agreement, without exception.
6. 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 will be carried out as stated in the Master Agreement,
without exception.
8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception.
9. Architectural and Engineering Services will be provided by the Local Government, as stated in the
Master Agreement, without exception. The Local Government is responsible for performance of
any required architectural or preliminary engineering work. The State may review and comment
on the work as required to accomplish the public purposes of the Local Government. The Local
Government will cooperate fully with the State in accomplishing these local public purposes to the
degree permitted by State and Federal law. 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 AASHTO design standards.
10. Construction Responsibilities will be carried out by the Local Government, as stated in the Master
Agreement, without exception.
11. Project Maintenance will be undertaken as provided for in the Master Agreement, without
exception.
12. Local Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. 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 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.
AFA—LPAFA_OffSys Page 2 of 6 Revised 09/23/2009
CSJ # 090248-775
District # 02-Fort Worth
Code Chart 64 # 15000
Project: Design and Reconstruct
Dirks Road (from future SH 121
to Granbury Road)
CFDA # 20.205
b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. The Local Government is responsible for all non-federal and non -state funding, including all
project cost overruns, unless provided for through amendment of this agreement.
d. Prior to the performance of any engineering review work by the State, the Local Government
will pay to the State the amount specified in Attachment C. At a minimum, this amount shall
equal the Local Government's funding share for the estimated cost of preliminary engineering
for the project. At least sixty (60) days prior to the date set for receipt of the construction bids,
the Local Government shall remit its remaining -financial share for the State's estimated
construction oversight and construction costs.
e. 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.
f. Whenever funds are paid by the Local Government to the State under this Agreement, the
Local Government shall remit a check or warrant made payable to the "Texas Department of
Transportation 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 contractual
obligations to the State under another advance funding agreement.
g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or replats, result in increased costs,
then any increased costs associated with the ordinances or changes will be paid by the local
government. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities.
h. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
i. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-5021
ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133.
j. 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
AFA—LPAFA_OffSys Page 3 of 6 Revised 09/23/2009
CSJ # 090248-775
District # _02-Fort Worth
Code Chart 64 # 15000
Project: Design and Reconstruct
Dirks Road (from future SH 121
to Granbury Road)
CFDA # 20.205
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:
a. 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
b. 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
be to interview any officer or employee of the contractor, grantee or subgrantee, or agency
regarding such transactions.
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 employment 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
AFA—LPAFA_OffSys Page 4 of 6 Revised 09/23/2009
CSJ # 0902-48-775
District # _02-Fort Worth
Code Chart 64 # 15000
Project: Design and Reconstruct
Dirks Road (from future SH 121
to Granbury Road)
CFDA # 20.205
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.
k. 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.
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.
13. Document and Information Exchange. The Local Government agrees to electronically deliver to
the State all general notes, specifications, contract provision requirements and related
documentation in a Microsoft® Word or similar document. If requested by the State, the Local
Government will use the State's document template. The Local Government shall also provide a
detailed construction time estimate including types of activities and month in the format required
by the State. This requirement applies whether the Local Government creates the documents
with its own forces or by hiring a consultant or professional provider. At the request of the State,
the Local Government shall submit any information required by the State in the format directed by
the State.
14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing
provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final
execution of this LPAFA, unless such MAFA provision is specifically excepted herein.
15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any
work on State right of way, before beginning work the entity performing the work shall provide the
State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the
existence of coverage in the amounts and types specified on the Certificate of Insurance for all
persons and entities working on State right of way. This coverage shall be maintained until all
work on the State right of way is complete. If coverage is not maintained, all work on State right of
way shall cease immediately, and the State may recover damages and all costs of completing the
work.
16. Debarment Certification. The parties are prohibited from making any award at any tier to any party
that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing
this agreement, the Local Government certifies that it 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
AFA—LPAFA_OffSys Page 5 of 6 Revised 09/23/2009
CSJ # 0902=48-775
District # _02-Fort Worth
Code Chart 64 # 15000
Project: Design and Reconstruct
Dirks Road (from future SH 121
to Granbury Road)
CFDA # 20.205
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. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalfqjd'M
.V%V, represented.
Attested bya
°o °°°o Ivjar>Iy kedrxxfity Secretary
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate
counterparts.
THE LOCAL GOVERNMENT
By:
Title:
Date:
(Sign ture)
JJ11MWIlsel
LEGALITY:
THE STATE OF TEXAS
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.
sy:
nice Mullenix �
irector of Contract Services
Texas Department of Transportation
Date:
cantraot Authorization
0 I I"D
AFA—LPAFA_OffSys Page 6 of 6 Revised 09/23/2009
CSJ # 090248-775
District # 02-Fort Worth
Code Chart 64 # 15000
Project: Design and Reconstruct
Dirks Road (from future SH 121
to Granbury Road)
CFDA # 20.205
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
A Resotut�on
NO. 3931-11-2010
A RESOLUTION AUTHORIZING 'TIIE EXE C:UTION OF A LOCAL PROJECT
ADVANCE FUNDING AGREENIENT' WITH THE 'TEXAS DEPARTMENT OF
TRANSPORTATION TO CONDUCT DESIGN REVIEW OF THE DIRKS ROAD
WIDENING FROM 2 LANES TO 6 LANES — DIVIDED FROM THE FUTURE
SOUrFHWEST PARKWAY TO GRANBURY ROAD
tiYHEREAS, on August 1Q, 2QQ5, the President signed into taw the Safe, Accotrntable, Flexible, Efficient
Transportation Hq1 17 ct: A Legacy f'or Users {S.AFFTFA-I..tJ), which established the Congestion Mitigation
and Air Quality (CMAQ) and Surface Tran_Sportation Program Metropolitan Mobility (STP-AIM) Federal
Funded Improvement Programs to address transportation needs; and
WIiE12EA5, the City of Fort Worth identified the need to reconstruct and widen Dirks Road from 2 lanes
to 6 lanes -divided from the future Southwest Parkway to Granl>ury Road; and
WI1Ei2R..I3AS, on March 6, 2007,_ the Fort Worth City C.ounciI authorized the sale of Certificate of
C)bligation for the purpose to fund the Critical Capital Needs Program that inclucicci S7,SQQ,OQQ for design and
reconstruction to widen Dirks Road; and
WHEREAS, the Regional Transportation Council of the North Central Texas Council of
Governments selected the reconstruction to widen Dirks Road between the future Southwest
Parkway and Granbury Road (the "Project") for federal funding under the CMAQ and STP-MM
programs; and
WHEREAS,
the Texas
Transportation Commission
passed Minute Order 112230 that
provides for the development
of,
and funding
for, the
Project;
and
WHEREAS, the City of Fort Worth desires to enter into a Local Project Advance Funding
Agreement with the Texas Department of Transportation to conduct design review and oversight
a the Project; and
NOW 'I`HE,REFORE, 13E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH
Authorizes the City Manager to execute a Local 'Transportation Project Advance Funding
Agreement (LPAFA) with the Texas Department of `I`ransportation to conduct design review for
tltc reconstruction and widening of Dirks Roaci from the future Southwest Parkway to Cranbury
Road.
PASSED ANI7='\I'1'1ZOV1D by the City Council ol'the City of Fort Worth, "Texas on
this, the 9`h day of November, �Q I Q.
i
AFA-LPAFA OffSys Page 1 of 4 Revised 09/23/2009
CSJ # 090248-775
District # 02-Fort Worth
Code Chart 64 # 15000
Project: Design and Reconstruct
Dirks Road (from future SH 121
to Granbu _r� Road)
CFDA # 200205
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
RESOLUTION NO. 3931-i1-20I0
Adc�pteci this �,h day of Noy°ember 201 O.
ATTEST:
Hy:
Marty Hendrix, City Secretary
T
APPROVED
c I T caUNCIL
NOV 0 9 2010
cter sec:eeaty ar the
cnY of Ract wo,�, Taxas
AFA—LPAFA OffSys Page Hof 4 Revised 09/23/2009
CSJ # 090248-775
District # 02-Fort Worth
Code Chart 64 # 15000
Project: Design and Reconstruct
Dirks Road (from future SH 121
to Granbury Road)
CFDA # 20,205
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
City of Fort Worth, Texas
Mayor and Council Comm
unication
Ct?UNCI� AGTIC7N: Approved: op 4 �/9/2Q.'li3, :.- Res, No, 3931='I1-201 p; � , , ,.
DATE: Tuesday, November 09, 2010 REFERENCE NO.; C-24579
LOG NAME: 20DIRKS ROAD --LOCAL PROJECT ADVANCE FUNDING AGREEMT-- DESIGN
SUBJECT:
Adopt a Resolution Authorizing the Execution of a Local Project Advance Funding Agreement with the
Texas Department of Transportation for Initial Payment in the Amount of $83,492.16 for Design Review of
Dirks Road Between the Eastern Limit of the Future Southwest Parkway and Granbury Road (COUNCIL
DISTRICTS 3 and 6)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Adopt the attached resolution authorizing the execution of a Local Project Advance Funding Agreement
with the Texas department of Transportation for State design review of Dirks Road from the eastern limit
of the future Southwest Parkway to Granbury Road; and
2. Authorize payment to TxDOT in the amount of $83,492.16 to conduct design review according to the
agreement_
pI�CUSSION:
The Local Projoct Advance Funding Agreement (LPAFA) details the responsibilities of both the City and
Texas Department of Transportation (TXDC7T) for Dirks Road. This M&C is authorizing only the portion of
the LPAFA for the State design review of which 100 percent was City funded (M&C 0-23596, June 16,
2009). TxDOT is responsible for review and oversight of the design due to the federal funds allocated to
the project. The initial installment payable to the State in the amount of $83,492.16 is required for the
State to begin the design review process. Staff will be coming back to Council at a later date for
authorization of the construction portion of this LPAFA.
This project is located in COUNCIL DISTRICT 3 and 6, Mapsco 102C and 1020.
FISCALINFORMATION
CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Critical Capital Projects Fund.
FUND CENTERS:
TO FundfAacount/Centers
CERTtFICATtONS:
Suk�mitted_for City Manager's Office by:
Or; inating Department Head:
Additional Information Contact:
FROM Fund/AccountlCenters
2ZC295 53120Q 2032�OQ76830
Fernando Costa {6122)
William Verkest (7801 }
Jim Walker (8009)
�.,492.16
AFA—LPAFA OffSys Page 4 of 4 Revised 09/23/2009
CSJ # 0902-48-775
District # 02-Fort Worth
Code Chart 64 # 15000
Project: Design and Reconstruct
Dirks Road (from future SH 121
to Granbu . Road)
CFDA # 20.205
ATTACHMENT B
PROJECT LOCATION MAP
■ .r�:mm
DETAILa.
AFA—LPAFA OffSys Page 1 of 1 Revised 09/23/2009
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