HomeMy WebLinkAboutContract 38892 CS # 01902-4,8-505
District # 02-Fo rt Worth
Code Chart 64 # 50-1,5000
h
Pro ect- West 7 t St. over Clear Fork of
IN, A L
rinitv and Porest Park Blvd.
NBI Stnicture # 0222010ZZ7600001
CFDA # 20.205
STATE OF TEXAS §
R E 1 TAr, 4��
COUNTY OF TRAVIS, §
oicy:' yii
ADVANCE FUNDING AGREEMENT
For Brifte Replacement or Rehab flitation
Off the State-Systein
THIS Advance Funding Agreement (the Agreement) is made by and between the State of
Texas, acting by and through the Texas Department of Transportation) hereinafter called the
"State"', and the City of Fort Worth, acting by and through its duly autlion'zed officials,
hereinafter called the"Local Government."
WITNESSE TH
WHEREAS, Title 23, United States Code Sectloji 144 authorizes, federal funds to assist the
States in the rcplacenient or rehabilitation of deficient bridges located on public highways, roads
and streets., including thoscUlIder the jurisdiction of local gone ninients; and
WHEREAS, the Texas, Transportation ("ode, Sections 2()1.1 13 and 222.052 establish that the
State shall plan and make policies for the consti-Liction of a comprehensive systeni, of state
highways and ptiblic roads in cooperation, with local governments; and
WHEREAS, the Local Government owns a bridge or bridges located on a plub�lic road or street
located at West 7th Street over Clear Fork of Trinitv and Forest Park BI and said bridge(s) is
included in the currently approved off state system federal-aid flighway Bridge Replacement
and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission
Minute Order number 1 [0479, dated ',March,-2006; and
WHEREAS, the Governing Body of the Local Coven-mient has approved entering into this
Agreement by resolution or ordinance which is attached hereto and made a part hereof as
Attachment A and which provides for development of the specific programmed replacement or
rehabilitation project, hereinafter called the "Pr oject", ,identified in the location map, shown as
Attachment B.
NOW, THEREFORE, in consideration of the prernises and of the mutual covenants and
agreements o ', 1 11. w4 lm�� by them respectively kept and performed as hereinafter set
forth it is agr-eb
RECORD ,
'J
7 1
CnY SECRETARY
b,
Brid,ge-Bridg —A WORTH,TX Page I of 16 Bridge, Division.
Rev 02/02/09 012-20O2-L.I
lht
C'SJ 4 0902-48-505
District # 02-Fort Worth
Code Chart 64 4 50-15000
Project-, West 7"' St. over Clear Fork of
1"Tin"Ity,and Forest Park Blvd.
NBI Structure # 022200ZZ7600001
GFDA
AGRIEEMENJ,
I Period of this Agreement
This Agreement becomes effective when SIgne(I Dy the last party whose signing makes the
,Agreement fully executed. This Agreement shall remain in effect until terminated as
provided in Article 2.
2. Conditions for Termination of this Agreement
a. The Agreement is ten-ninated in writing with the mutual consent ofthe parties,- or
b. Breach Of this Agreement, in which case any cost incurred shall be paid by the
breaching party; or
c. If the Local Government elects not to develop the project and the project does not
proceed, in which case the Local Government agrees to reimburse the State for 1,00
percent f its reasonable actual direct and indirect costs incurred for the project.
3. Amendments
Amendments to this Agreement may be made due to changes in the character of the work,
the terms of the Agreement, or the responsibilities of the parties. Amendments shall be
enacted through a mutually agreed upon,,, written atnendment executed by all parties to this
Agreement. Under no circumstances will the State and Federal funding participation
exceed $12,000,000 after amendment(s).
4. Remedies
This Agreement shall not be considered as specifying the exclusive rerneoy tor any
0
Agreement default, but all remedies existing at law and in equity may be availed of by
either party to this Mgr eern ent and shall be cumulative.
5. Scope of Work
The scope of work 1or this, Agreement is the re placers ei,,it or rehabilitation of the bridge(s)
identified in the recitals of this, Agreenient. This replacement or rehabilitation shall be
accomplished in the manner described in the plans, specifications and estimates, developed
in accordance with this Agreement and which are incorporated herein by reference.
Bridge_B,ridge_AFA Page 2 of 1.6 Bridge Division
Rev 02/02/09 02-2002-L.I
CSJ' # 0902-4,8-505
District # 02-Fort Worth
Code Chart 64 # 50-15000
Project: West 7 Ih St. over Clear Fork of
Tri.nit,y and Forest P,ar Blvd.
N'BI Structure # 02220OZZ7600001
CF'DA # 20.205
6. Right of Way and Real Property
The Local Government is responsible for the provision and acquis,ition of all necessary
right of way and will not be reimbursed with federal or state funds for the required right of
way.
The Local Government authorizes the State its consultant, contractor, or other designated
representative to enter the site(,) of said ridge s, and adjacent right of way or relocation
right of way to perform surveys, inspections, construction and other activities, necessary to
replace or rehabilitate said bridge and approaches.
0
7. Adjustment of Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of
1
utility facilities in accordance with applicable State laws, regulations, rules, policies, and
procedures,, including any cost to the State of a delay resulting from the Local
Government's failure to ensure that utility facilities are adjusted, removed, or relocated
before the scheduled beginning of construction. The Local Governs rent will not be
reimbursed with federal or state funds for the cost of required utility work." The Local
Government must obtain advance approval for any variance from established procedures.
Before a,construction contract is let, the Local Government shall provide, at the S,tate's,
request, a certificatiot'i stating that the Local Government has completed the adjustment of"
all utilities that must be adjusted before coiistruction is completed.
8. Environmental Assessment and Mitigation
Development of the Project must comply with the National Environmental Policy Act and
the National Histon*c Preservation Act of 1966, which require enviroi-mienta.1, clearance of
federal-aid projects.
a. The State is responsible for the identification and assessment of any environmental
problems, associated with the development of the Project governed by this Agreement.
b. The Local Government will pay for the first, $100,000 towards the cost of the
environmental assessment, and remedial work. Any additional cost, over $100,000, for
the envirom-nental assessment and remedial work shall be paid by the parties in the
same ratio as of 9�0% State and Federal, 10% Local, Government and will be included
in the construction costs identified in Attaclunent D, "Estimate of Direct Costs"
C. The State is responsible for providing, any public meetings or public hearings required for
development of the environmental assessment
Bridge-Bridge—AFA Page 3 of 16 Bridge Division
Rev 02/02/09 02-2002-L.I
CC'S J # 0902-48-505
District # 02-Fort Worth
Code Chart 64 # 50-15000
Project,: West 7I St. over Clear Fork of
Trinity_gjLd Forest Park Blvd.
N131 Structure # 022,20OZZ7600001
CFDA # 2,0.205
The State will not begin construction of the Project until identified environmental problems
have been remediated, unless provided for otherwise.,
9. Compliance with Texas Accessibility Standards and ADA
All parties to this, Agreement shall, ensure 'that the plans for and the coC ns,truction of the
Project subject to this AgreCITIeDt are in comp�liance with the Texas Accessibility Standards,
(TAS) issued by the Texas Department of Licensing and Regulation, under the
Architectural Barriers Act, Article 9102, Texas Civil Statutes. The AS establishes
minimum accessibility requirements to be consistent with minimum accessibility
requirements of the A.mericans with Disabilities Act (P.L. 101-336) (ADA).
I O Architectural and Engineering Services will be Provided by the State
The State is responsible for performance of any required architectural or preliminary
engineering work. The l; Government may review and corm-nent on the work as
required to accomplish the public purposes of the Local Government. The State will
cooperate fully with the Local Goverru-nent in accomplishing these local public purposes to
the degree permitted by state and federal law. The Local Cove gent review shall not
unduly delay the development of the Project.
11. Construction Responsibilities
a. The State shall advertise for construction bids, issue bid proposals, receive and tabulate
the bids and award and administer the contract for construction of the Project.
Administration of the contract includes the responsibility for construction engineering
and for issuance of any change orders, supplemental agreements, amendments, or
additional work orders,, which may become necessary SUbsequent to the award of the
construction contract. In order to ensure federal funding eligibility, prQjects must be
authorized by the State prior to advertising for construction.
b. Upon completion of the Project., the State will issue a"Notification of Completion,
acknowledg-Ifig, the Project's construction completion.
12. Project Maintenance
After the Project has been completed, the Local Coven i-ment,shall accept full ownership,
and operate and maintairi the facilities authorized by this Agreement for the benefit of and
at no charge of toll to the public. This covenant shall survive the completion of
construction under this Agreement.
B ridge-Bfidg�_AFA Page 4 of 16 Bridge Division
Rev 02/02/09 02-200�2-L.I
CSJ 4 O�9�O�2-48-50�5
District # 02-Fort Worth
Code Chart 64 4 50-15000
Pr 'ect-, West 7'11 St. over Clear Fork of
01
Trijilty and Forest Par�k Blv�d.
NBI StrUettire#O'")??OOZZ7600001
CF'DA # 20.205
13. Local Project Sources, and Uses of Funds
a. A Project Cost Estimate is provided in Attachnient,D, "Estiniate of Direct Costs
b. Attachnient D prov,ldes a SOUrce of ftinds est'iniate as well as the estimated direct
preliminary eng,ineering, construction engineering, anid constnichon,costs for the
Project in total and by the Local Goveniment,
c. The required Local Govemnientparticipation 'is, based SOICIY Upon the State's estimate
of the eligible work at the time this Agreement is executed, arId will not be adjusted
duriDuconstructilon except as needed to inclUde any ProJect cost item of orfion of a
0 P I
cost item ineligible for state or federal participation. hi addition,to its share of
1 0 -
estimated direct engineering and construction co�sts, the Local Governmentis,
'ble forthe direct cost ofa�iiyproject cost item or portion of a cost item that is
responsi
not eligible for federal participation tinder the federal HBRRP, The Federal and State
participation is capped at the amOLMt of$12,000,000 wl'th no adJUStMent for inflatioll.
The Local Governnient will be resplionsible for all costs, above$,1 0010,000.
d. AR-er execution of this Agreement,,but thirty(30) days pn'o,r to the perfori-nance of al-ly
work by the State, the Local Goveniment will remit a chec]( or warrant made payable to
the "'Texas Departinent of Ti-cruisportation" 'in the aniowit speclTied in Attachment D for
the Local Govemnlwnt's contribution for prelimmary engineering. The Local
Governii-ilent will pay at a m'IniMLIM its funding share for this estimated cost of-
preliminary engl''I'lleel-Ing,
e. Forty-five (45) days,prior to the date set for receipt of the constniction bids, the Local
Govern,ment,shall remilt 'its remaining,financtal share for the State's,estimated
constructioll oversight and construction costs and any other costs owing,
f. if at the completloii or terniination of the Project the State detennines that additional
funding is reqUired by the Local Government, the State shrall notify the Local
Goverriiiient in writing. The, Local, Governnient shall make payinent to the State within
thirty(30) days from receipt of the Sta,te's wn'tten notification,
g. Upon completion o�f the Project, the State will perfoln-n an audi*t of the Project costs.
A.ny fands, due to, the Local Goveninleilt, tile State, o'r the Federal Goveniment will be,
promptly plaid by the owing party,
h. The State will not pay interest on aiiy funds provided by the Local Governi-iient,
i. The Local Govert-iment funding participation responsibilities incWde Project direct
costs, onily, except when the Project is teniiinated before completion atthe request of the
Local Goverriment as addressed in the Termination provision of this Agreement.
1*1 al payment"non-
j If the Project has belen approved for a"fixed,p 'ce"or an"incremeritt
st,andard funding or pariient agreement, under 43 TA,C § 15.52, this Agreement will
clearly state the aniount ofthe fixed price or the incremental payment schedule.
k. Under the provisions of Texas Transportation Code Section 222,053 certain cotinties
qualify as Economically Disadvantaged Cotintles (EDC) in companson to otlier
counties in the state as below average per capita property value, and below average per
c ita i
a,pi inconie, and above average unemployment, for,certain years. It"applicable, in
Bridge-Bn'dge,_AFA Page 5 of 16 Bridge Division
Rev 02/02/09 02-�20012-L.1
CS # 0902-48-505
District # 02-Fort Worth
Code Chart 64 # 50-15000
Pro ect* West 7"' St. over Clear Fork of
Trinitv and Forest Park Blvd.
NBI Structure# 02220OZZ7600001
CFDA # 20'.2015
consideration of such EEC status that may be applicable for the Project, the re uired
local match fund partic ipation has been ad usted to.1 0 (Ten) percent.
i
1. The State will not execute contract for the construction of a Project until the
require d f unding has, been made available by the Local Government in accordance with
this Agreement,
m. The state auditor may conduct an audit or investigation of any entity receiving funds,
from the state directly under the contract or indirectly through a subcontract under the
contract. Acceptance of funds directly under the contract or indirectly through a
subcontract under this contract acts as acceptance of the authority of the state auditor,
under the direction of`the legislative audit committee, to conduct an audit or
it 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.
14. Performance by Local Government of Equivalent-Match Projects (E MPs) in Return
for Waiver of Local Match Participation Funding on Participation-Waived Projects
(PWPS)
a. Applicability, If a request Bor waiver has been received and approved by the State's
District Engineer,, then the required ten percent matching and participation or percent
as adjusted for EDC consi derati On,, as shown in Attachment D. "Estimate of Direct
Costs". but excluding ineligible costs under the bridge pro gram, is waived. This waiver
is based on the commitment of the Local Government to spend an equivalent amount of
funds for structural. or safety improvement on "other"bridge structures and other
conditions as specified in 43 SAC Section 15.55(d). If a waiver has been granted, the
Project ect shall be defined to be a Part icipation-Wai ved Pry"ect 'W'P and the work on
J 1
the "other" bridge structures that will be improved by the Local Government shall be
defined to be the Equivalent-Match Project(s,) (EMP). Attachment C to this Agreement
shows a list of EMP(s) Linder this Agreement.
b. Project Cost Estimate for PPP. Attachment D to this Agreetnent shows the estimated
direct preliminary engineering,, construction engineering ng and construction costs for the
PWP in total and 1. coal match fund participation being waived, or partially waived.
c, Credit Against EMP Work., Any local match fund participation,that has already been
paid, or which the Local Governnient is agreeable to paying to the State, will be
credited against EMP work, to be performed, by the Local Government. If applicable,
this credit(s), will be reflected in Attachment D to this Agreement.
Bridge-: ride_AF A Page 6 of 16 Bridge Division
Rev 02/0;2/09 02-20,02-L.I
WSJ # 09,02-48-505
District # 02-Fort Woilh
Code Chart 64 # 50-15000
Project: West 7th St. over Clear Fork of
Trinity,-cin( Forest Park Blvd,
j_
NCI Structure # 02220OZZ7600001
CFDA # 20,205
d. 'Responsibilities of the Local Govenunent on EMP(s).
(1) The Local Government shall be responsible for all engineering and construction,
and related costs thereto, and comp�lying with all applicable state and, federal
environmental regulations and permitting requirements.
(2) The structural or safety improven-lent work on the EMP(s) shall be performed
subsequent to the final execution of this Agreement but within three (3 calendar
years after the earliest contract award of the related PWP(s).
(3), Written documentation, sultabile for aud'it, of the structural or safety improvement
work completed on the EM s, shall be kept on file by the Local Government for
four (4) years after completion of work or claims, lawsuits, or audits related
thereto, whichever is longer. A notice of completion of work on the EMP(s) shall
be delivered to the Mate's District Engineer no later than thirty (30) calendar days
aft er work is completed on the EMP(s),.
(4) Failure by the Local Government to adequately complete the EMP(s) within the
stated three-year period shall result in the Local Government being excluded from
receiving such waivers for a minimum of five (5) years.
e. Funding of Ineligible or Additional Work Note Waived. Regardless of any waiver of
eligible program costs, the Local Government shall pay the State 100 percent of the
cost of any PWP item or portion of a cost item that is not Cligiblefor federal or,state
participation, and 100 percent of the costs resulting from additional work on the PWP
performed solely at the request of the Local,, Government. If the ineligible or additional
work is preliminary engineering, tne payment shall be made at least thirty(3 0) days
prior to the begirming of preliminary,engineering work on the PWP. If the ineligible or
additional work is for construction or construction engineering, the payment shall be
made at least forty-five (45) days prior to the d,,,ite set for receipt of bids for
construction of the PWP.
15. Notices
All notices to either party by the other required under this, Agreement shall be, delivered
personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the
following addresses:
State. District E,ngin..eer Mariblel P. Chavez, P.L.
Texas Department of Transportati,on
1
2501 S.W. Lool) '"z_1t)U
Fort Worth, Texas 76133
Local Government: Mayor Mike Moncrief
1000 Thiockmorton Street
Fort Worth, Texas 76102
Bridge- ridge_.. Page 7 of 16 Bridge Division
Rev 02/02/019 02-2002-L.I
............
CSJ # 0902-48-505
District # 0,2-Fort Worth
Code Chart 64 # 5 -1.5 000
Pro: ect- West 7"' St. over Clear Fork of
T rest Park Blvd.
N'BI Structure # 02220OZZ7'600001
CFDA #120.2015
All notices shall be deemed given, on the date so delivered or so de os'ted in the mail,
* It p I
unless otherwise Provided herein. Either party may change the above address by sending
written notice of the change to the other party. Either party may request in writing that
such notices shall be delivered personally or by certified. U.S. ma,11 and such request shall
be honored and carried out by the other party.
16. Legal Construction
In case one or more of the provisions contained 'in this Agreement shall for any reasion be
held invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions and this Agreement shall be construed
as if it did not contain the invalid, illegal or unenforceable provision.
17. Responsibilities of the Parties
The parties to this Agreement agree that no party is an agent, servant, or employee of the
other party and each party agrees it is responsible for its individual acts and deeds as well
as the acts and deeds of its contractors, employees, representatives, and agents,.
18. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the State
shall remain the property of the State. All data prepared under this Agreement shall be
made available to the State without restriction, or limitation on their further use.,
All documents produced or approved or otherwise created by the Local Gov err iment, shall
be transmitted to the State in the form of he reproduction on a monthly basis as
required by the State. The originals shall remain the property of the Local Government,. At
the request of the State, the Local Government shall submit any infon-nation required by the
State in the format directed by the State.
19. 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 Agreement. When required, the
Local Government shall fumIsh the State with satisfactory proof of this compliance.
Bridg-e-B rid ge_AFA Page 8 of 16 Bri'dge Division
Rev 02/02/09 02-2002-L.I
...........................
CSJ # 0902-48-505
District # 02-Fort Worth
Co�de Chart 64 # 510,-15000
t
Pro ect- West 7'h
St. over Clear Fork of
Trinitv and Forest Park Blvd.
N131 Structure# 02220OZZ7600001
CFDA #
20. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and supersedes
any prior understandings or written or oral agreements respecting this AgTeemeit's subject
matter.
21. Office of Management and Budget (OMB), Cost Principles
In order to be reirribursed with federal funds, the parties shall, com ly with the Cost
Principles established in OMB Circular A-87 that specify that all reimbursed costs, are
allowable, reasoner le and allocable to the Project.
22. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR §18.36
and with the property management standard established in Title 49 CFR §18.32.
23. Inspection of Books and Records
The parties to the Agreement shall maintain all books, documents, papers, accounting
records and other documentation relating to, costs incurred under this Agreement and shall
make such materials available to the State, the Local Government, and, if federally funded,
the Federal Highway Adniinistration (FHWA), and the U.S. Office of the Inspector
General, or their duly authorized representatives for review andinspection at its office
during the contract period and for, four (4) years from the date of completion of work
defined under this contract or until any impending litigation, or claims, are resolved.,
Additionally, the State, the Local Government, and the FHWA and their duly authorized
representatives shall have access to all the governmental records that are directly applica le
,to this Agreement for the purpose of making audits,, exan-linations, excerpts, and
transcriptions.
4-&-4
24. Office of Management and Budget (OMB) Audit Requireents m
The parties shall comply with the requirements of the dingle Audit Act of 1984,
P.L. 98 2, ensuring that the single audit report includes the coverage stipulated in OMB
Circular No. A-128 through, August 31, 2000 and stipulated in OMB Circular A-133 after
August 31, 2000.
Br dge ridge—AFA Page 9 of 16 Bridge Division
Rev O�2/02/09 02-2002-L.I
CSJ # 0902-48�-,505
District# 02-Fort Worth
Code Chart 64 # 50-15000
Project: West 7th St. over Clear For of
Trinity and Forest Park Blvd,
NBI Structure # 022200ZZ7600001
CFDA # 20.205
25., Civil Rights Compliance
The parties to this Agreement shall comply with the regulations of the 'U.S. Department of
Transportation as they relate to nondiscrimination (49, CF R Chapter 21 and 23 CFR
.§710.,405(B)), and Executive Order 11246 titled "Eq,ual Employment Opportunity," as
amended by Executive Order 1,1375 and supp,lemented in the Department of Labor
Regulations (41 CF'R Part 60).
26. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise Program
requirements established in 49 CSR Part 26.
27, Debarment Certificatiolls
The parties are prohibited from making any award at any tier to any party that is debarred
or suspended or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549, "Debarment and Suspension." By
executing this agreement, the [Contractor,, Local Govenm-ient, Engineer, or whatever]
certifies that it is not currently debarred, suspended, or otherwise excluded from or
'ineligible for participatioi,-i in Federal Assistance Programs under Executive Order 125,49.,
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 furriish ct copy of the certification.
28. Lobbying Certification
In executing this Agreement, the signatories certify to the best of his or her knowledge and
belief, that.
a. No federal appropriated funds have been paid or will be paid by or on behalf of the
parties to any person for influencing,or attempting to influence an officer or employee
of any federal agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any federal
contract, the mal,,,-iiig of any federal grant, the making of any -federal loan, the enten'ng
into of any cooperative agreement,, and the extension, continuation, renewal.,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
b. If'any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with federal contracts, grants, loans, or cooperative
agreements, the signatory for the Local Government shall complete and submit the
Bodge-Bridge_AFA Page 10 of 16 Bridge Division
Rev 02/02109 0,2-200,2-L.I
CSJ # 0902-48-505
District# 02-Fort Worth
Code Cha,rt 64 # 50-15000
Project-, West 7" St. over Clear Fork of
TrinlLy and Forest Park Blvd.
NBI Structure#02220OZZ760000l
CDC. # 20.205
Federal Standard Forrn-LLLI, "Disclosure Form to Report Lobbying," in accordance
with its instructions,.
c. The parties shall reqUirethat the language of this, certification be included in the award
Z:�
documents, for all subawards, at all tiers, (including subcontracts, subs grants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
By executing this Agreement, the parties, affirm this lobbying certification with respect to
the Project and affirm this certification of the material representation of facts upon which
reliance will be made. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to
file the required certification shall be subject to a civil penalty of,not less than $1.0,000 and
not more than $100,000 for each such failure.
0
29. Successors and Assigns
The State and the Local Govenuiient each binds itself, 'its, success ors, executors, assi,gns,
and administrators to the other party to this Agreement and to the successors, executors,
assigns, and administrators of such. other party in respect to all coveriants, of this
,Agreement.
30 Local Government Restrictions
'In the case that the loc<al govemment has, an existing, future or proposed local ordinance
commissioners court order, rule policy, or other directive that is more restrictive than the
state or federal regulations that results in an increase cost to the State for the project, the
local govermnent is responsible for all increased costs associated with the ordinance, order,
policy, directive, or change.
3 1. Signatory Warranty
The signatories to this Agreement warrant that each has the authority to enter,into this
Agreement on behalf of the party represented.
32. Termination. The previous agreement executed on Ap�ril 17,, 2006 for project 0902-48-505
is hereby temiinated and replaced with this new agreement. This agreernent will include the
funds from the previous agree 'lent,.
13ridge-B11dge_AFA Page I I of 16 Bridge Division
Rev 02/02/09 02-,2oO2-L.I
CSJ 9. 0902-48-505
Distn",ct # O2-Fort, Worth
Code Chart 64 # 50-15000
Project: West 7 th S t. over Clear Fork of
Trinit and Forest Park Blvd.
-—-------- Y
NBI Structure # 02220OZZ76000011
CFDA # 20;,205
TN' TESTIMONY HEREOF, the parties, hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
0
By: -.Z/_a0M06dM_
Sign ter
-fie-Aiw4do
Printed Name of Sigi.-iatory
Title-, A010f.
Date: UNWId by*
......I woo
Marty Hendrik,City Secretafy
THE STATE OF TEXAS
Executed for the Executive Director irector 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.
.100�
'David P. Hohmann, PE
Director, Bridge Division
at 0 OR
Oi� xuthorl 7* 3-
0
Date:
OFFI PIAL RECORD '
C -ECRETARY
ITY S
FT.WORTHJX
Bridge-Br id.ge–A.FA Page 1.2, of 16 Bridge Division
Rev 02/02/09 02-2002-L.I
CSJ # O9O2-48-505
District# 02-Fort Worth
Code Chart 64 # 50-15000
Project- West 7'11 St. over Clear Fork of
Trinity and Forest Park Blvd.
N-BI Structure # 02220OZZ7600001
CFA # 20.205
ATTACHMENT' A
RESOLUTION OR O,RDINANCE OF LOCAL GOVEIkNMENT
Bridge-Bridge_AFA Page 13 of 16, Bridge Divi I sion
Rev 02/02/09 02-200x,-L.1.
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NO. 36211-05-20108
-00*10000 SOLUTION AUTHORIZING THE EXECUTION OF AN ADVANCE FUNDING
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE
DIVISION Off" F COSTS AND RESPONSIBILITIES ASSOCIATED WITH RECONSTRUCTION.
OF THE ST 7 ST ET , RIDGE
WHEREAS, Title 23, United States Code Section 144 authorizes federal funds to assist the
States In the replacement of deficient bn.d es located on public, ways, roads and streets, nclud n
those under the sdiction of local gove eats; and
WHEREAS,the Texas 'Transportation Code, Sections zO 1 M 103 and 222.052, establ ish that the
State shall plan and make policies for the construction of a comprehensive system of state highways and.
public roads ire cooperation Mtn local governments; and
WHEREAS, the City of Fort Worth owns a bridge located on a public road or street located at
W. �h Street over-the Clear Fork of Tn* and forest Park Blvd. and said bridge is included in the
currently approved off-stye system federal-aid Hi hwa rid a Re lacement and Reha ilia do
Program HB ) as authorized by Texts Transportation Commission mute Order No., 110479, dated
March 2006 by which the City of port Worth is eligible to receive up to $12, 00,0100 HBRRP funds for
the reconstruct ion of said r dg e and
WHEREAS, the City of Tort Worth and the Texas Department of Transportation w sh to eater
into an Advance Funding Agreement ent t set forth the,division of costs and responsibilities associated
with the reconstruction of the W. 7hbridge over the Clear Fork of T"`n"ni'ty and Forest park Blvd.
NOW,THEREFORE, IT RESOLVED BY THE CITY COUNCIL OF THE CITY O
FORT WORTH, TEXAS:
Authorizes the City Manager, or his designee, to execute an Advancerunding Agreement with
the Texas Department of Transportation to share the costs and responsibilities associated With the
reconstruction of the W. 7h lridg,e over the Clear pork of Tnrdt r and Forest Park :blvd..
PASSED AND APPROVED by the City Council of the City of part Worth, Texts on this the
27'hday of a 2008. APPROVED
U C 0 U N C""
I L
ATTEST: ^ITY
• MAy 2 7 2008
*00k
XAM
C;ity Secretary of ths
of Tort Worth,Texas
�I
City o f Fort Worth, Texas
■
Mayor and %..00'ulncil %.fommunication
VIA 1111f11W11%1f1111V AfflIpff"r,"or"" I w A V/1-1�111fi I 011f)"",F t 41� 1 4,"11 4�41,',01 1,IRA),- 4,,. ,ry ....�Y/, wlorvow 4,11 AgFf vrt,A,
COUNCIL ACTION: Approved on 5127/2008 Res. No. 3,62 5-20108, & Ord. No. 18122-05-,
2008
"I IVII/- 1/1,
-
DATE. Tuesday, May 27, 2008 REFERENCE NO C 22828
LOG NAME: 20W.7TH BRD,G RE
SIUBJ�ECT:
Authorize Termination of City Secretary Contract No., 33,526, an Advance Funding Agreement with the
Texas Department of Transportation for the Reconstruction and Rehabilitation of the West 7th Street
Bridge; Adopt Resolution Authorizing the Execution of a Replacement Advance Funding Agreement with
the Texas Department of Transportation with City Participation Not to Exceed $11,622, O for the
Reconstruction, of the West 7th Street Bridge; and $,1,5178,,0100 for Reconstruction of the Cravens Road
Bridge; Removal of the Vickery Boulevard Bridge and Removal of the Nine Mile Bridge and Adopt
Appropriation Ordinance
RECOMMENDAT'ION,,
It is recommended that the City Council*
1. Authorize termination of City Secretary Contract No, 33526, an Advance Funding Agreement with the
Texas Department of Transportation for the reconstruction and rehabil,itation of the West 7th Street biridge�;
2. Adopt the attached resolution authorizing the City Manager to execute the attached replacement
Advance Funding,Agreement with Texas Department of'Transportation, with City participation not to
exceed $11,622,000 for the reconstruction of the West 7th Street bridge over the Clear Fork Tr�inity River
and Forest Park Boulevard; and $1,578,,000 for reconstruction of the Cravens, Road, bridge over Wildcat
Branch,1 and removal of the Vickery Boulevard bridge over Henderson Street and the Nine Mile bridge
over tributary of Lake, Worth;
3. Authorize the City Manager to accept $12,010,01,0010 in federal funds from the Hlighway Bridge
Replacement and Rehabilitation Program,
4. Authorize,the transfer of$11200,0010 from the Street Improvements fund to the Capital Grants Fund for
reconstruction of Cravens Road bridge over Wildcat Branch, removal of the Vickery, B�ouilev�ard, bridge over
Henderson Street and removal of Nine Mile bridge over tributary of Lake Worth as the City's 101 percent
required, Equivalent Match for this project;
5. Authorize the remainder of costs associated with Recommendation No,. 4, above, estimated at $378,000
to be paid from the Street Improvements Fund-,
6. Authorize the use of up, to $12,000,000 consistent with the 'West 7th Street Bridge Replacement Project
listed on the detailed summary of bridge projects of the approved 2008 Bond Program* and
1
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $13,200,000.
Logname: 20W.,7TH BRDG RF, Page I of 3
um
'UISCUSSION:
The, existing West 7th Street bridge was bu,ilt in two sections: the first section was built in 1913 over the
Clear Fork of the Trinity River prior to its channelization,, this portion now spans, Forest Park
Boulevard,. The second section of the bridge was built in 19�55 with the channelizaition, of the river.
On November 29, 2005, (M&C, C-211 the City Council approved an Advance Funding Agreement with
'Texas Department of Transportation Tx OT for the rehabilitation of the West 7th Street bridge over the
Clear Fork Trinity River (Bridge ID 02220OZZ7600001) at an estimated cost of $5,704,000. The project
included the replacement of'the 1913 portion of the bridge and rehabilitation of the 1955 portion, but did
not include accommodations for future light-rail, service across the, bridge.
At City Council's direction, City Staff has requested that TxDOT expand the project scope of work from
rehabilitation to full replacement of the bridge, which will, incliu,d,e accommodations for future light-rail
service. Estimated total cost of the expanded project, is $23,622,,000. The basic cost of a like-kind bridge
is $112,01010,000 whiich is eligible for Federal and State funding (Federal 80 percent, State 101 percent, and
City 10, percent). The City is, responsible for all ineligibile, costs fore upgrades and enhancements (estimated
,cost of$1 0, 0,000). The City is also responsible for 100, percent of any other ineligible coists, such as*,,
right-of'-way acquisition, utility relocation, environmental mitigation ands any other non-standard
construction at an estimated cost of$11,622, OO�.,
As an option under TxDOT"s Equivalent-Match program, no direct payment by the City is required for the
City's share of the eligible costs of reconstruction of the West 7th Street bridge. In lieu of the 1:0 percent
cash participaition for the eligible portion of the project, the City will replace the minor bridge at Cravens
Road over Wildcat Branch (estimated cost $1,0123,0100) and remove Vickery Boulevard bridge over
Henderson Street (estimated cost $375,000), and also remove Nine Miillle bridge over tributary to Lake
Worth (estimated cost $1,80,000)1. The 2004 Capital, Improvement Program provided $1.2 million, for the
West 7th Clear Fork bridge and $32,5,000 for the Cravens Wildcat Branch bridge. The 2008 Capital
Improvement, Program included $12 million to fund the City's grant-Ineligible portion of'the project.
The construction of the West 7th Street bridge will be performed by Tx OT' using its funds and its receipt
of Federal pas,s-through funds. The City wi�ll not actually'receive direct revenue from either TxDOT or the
Federal government. However, the bridge will be owned by the City of Fort Worth after completion. Since
the work will be, performed by Tx T, the City will record the non-City portion of this project as an In-Kind
contribution on its grant financial records, estimated to be $12,000,01010.
PROGRAM SUMMARY FOR W 7TH STREET BRIDGE REPLACEMENT
0, Federal an
city d,
Project I State Total Cost
Original Project
West, 7th Street Bridge $ 12000000-00 $ 12000000-00
10 Percent City Match $1-12 - - - $1,200,00101,00
Total Esimated Costs $ 1200000.00 $ 12000000.00 $ 1320000101.00
Addionial Costs/Upi-Grades
Ineligible Up-Grades and Enhancements, $110000000.00 $ 1 00000010,00
100 Percent Ineligible Costs $1 _Q2_2 1.00 0.0 0 1 622 000-00
Total' Addl Cost for Up-Grades, Ito. $ 11622000-00 11622000-00
10 Percent Match of $1,.2M Reallocated
Cravens Road Bridge $ 1023000-00
Vickery Road, Bridge $ 375000-001
Nine Mile Bridge $18Q.Q1001.11100
Log,name.- 20W.7TH BRDG RE Page 2 of 3
1578000.00
Minus 10 Percent Match on 7th Street
Bridge , ..3000.00)
Remaining Cost $ 378000.00
This, project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION I CERTIFICATION:
The Finance Director certifies that upon approval of above recommendations and adoption of the attached
appropriation ordinance, funds will be availla�ble in the current capital budgets, as appropriated, of the
Capital Grants, Fund and the Street Improvement Fund s,
FU�ND CENTERS:
TO-Fund A c c o u ntIC e nte rs FROM Fund Acc u nt/C enters
GR74 4722010 0203022680010 $.1,200,000.00 02001 538070_..209126000301
GR74_ Y�.R.[OUS) 020302268XM $0-I ZQ Q-1 000.00
G.R_74 INKIND 02,03022680,00 $121DL
QQ1000.00
GR74 INKIND 020302268XXX $AZ1_000�00 0 00
CEIRTIFICATIONS.
SuIbml'Ifte�d for Col'tv Manaaer's Office, Ferns lnd+ Costa (8476)
0Lr:1ginatiing_Qep rtment Head- Greg Simmons (78,62)
Addifflonall Information Con ta-0; George Behmanesh (7914)
ATTACHMENTS
1. 20W 71t QR DG RE Ord.doc (Public)
2. RESOLUTION.doc (Public)
Logname: 20W.7TH BRDG RE Page 3 of 3
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CS J # 0902-48-505
District# 02-Fort Worth
Code Chart 64 # 50-15000
Pr Ject: West 7 1h St., over Clear Fork of
01 1
Trinity antJ Forest Park Blvd.
NT31 Structure # 02220OZZ7600001
CFA # 20.205
ATTACHMENT C (See Note **)
LIST OF DIS'-f"RICT ENGINEER APPROVED
EQUIVALENT-MATCH PROJECT(S E )
Location an structure On, Historic Descript'lon of Structural Estimated Cost
identification nurnber, if School Bridge? or Safety Improvement
applicable) Bus (Yes/No) Work
Ro,ttte?
(Yes/No)
W. Vickery Blvd. over No No Remove the bridge $3751000
Henderson Street
NBI #022200ZV4040006
Craven Rd at Wild Cat Yes 'No Replace the bridge $11,023,000
Branch Fort
NBI#,022200ZC8175001 Worth
ISE)
Nine Mile Bridge at No No Remove the existi.ng bridge $95,000
Tributary to,Lake Worth
NB1#022200ZN3580001
J�otal $ 54931000
MP work credited to thi,s PWP (See Note $112001000
Ialance of E-M'—P work available to associated- PWP(s)
Associated PWP(s)Control-Section-Job (CSJ) Amount to be Credited to Associated PWP (s,)
.0902-48-743. $100,800
Note This total should typically equal the "Balance of Local Goveniment Pai-ticipation that
is waived as shown in Attachment D.
Note**-, This attachment not a,pplic� e for non--Part l cipatl on-Waived Projects (PWP)
I
Bridge-Bridge-AFA Page 15 of 16 Bridge Division
Rev 02/02/09 02-2002-L.I
ATTACHMENT D
ESTIMATE OFDIRECT COSTS
Local Government
Estimated Cost ParticipAtion
State and Federal Participation capped at
$12,000,000 for the project.
Preliminary Engineering(PE) (I) $1,300,0+ 0
Local Government Participation.- "'Fen (10)
Percent of PE + an additional $10000 (3), $230,OOO
towards the cost of the environmental
assessment and remedial work
Construction $20,0001000
Engineering and Contingency (E&C) $1?30 1000
The Sum of Construction and E&C (2) $ 21,3001000
Local Government Participation-. Sum of
Construction and E&C- State and Federal
Participation of$10,830,000 (4) $101470,000
Amount of Advance Funds Paid by Local
Government * (5)
Amount of Advance Funds,to be Paid by
Local Government, (6) $9,5100,000
Balance of Local Government Participation
which is to be Waived where the
Project is a P (3+ -5-6) $1,200,000
Total Pro ject 'Direct Cost (1+2)$22,6001000
* Credited Against Local Government Participation Amount
If this Project is to be a P'", Arnount of
.EMP Work Being Credited to this PWP as
Shown on Attachment C. $1--1200-,000
Bridge-Bridp_AFA Page I of 16 B dge, Division
Rev 02/02/09 02-200241.1