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HomeMy WebLinkAboutContract 44743 (2)CITY SECRETARY CONTRACT NO, UP- /. STATE OF TEXAS COUNTY OF TRAVIS CSJ #0902-48-680 & 0902-48-793 District #02-Fort Worth Code Chart 64 #15000 City of Fort Worth, 50220 Tarrant County Project: Precinct Line Road Federal Highway Administration CFDA # 20.205 Not Research and Development LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Congestion Mitigation and Air Quality Program Project, High Priority Program and Surface Transportation Program — Metropolitan Mobility Project (OFF -SYSTEM) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", the City of Fort Worth and the County of Tarrant, acting by and through its duly authorized officials. The City of Fort Worth shall be called the "Local Government" and the County of Tarrant shall be called "Tarrant County". WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State and Tarrant County and the State have been adopted and state the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order Number 113074 that provides for the development of, and funding for, the Project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated /11 PtZC / q , 20 /3, which is attached to and made a part of this agreement as Attachment A for the development of the Project. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. WHEREAS, the Governing Body ® the Tarrant County has approved entering into this LPAFA by resolution or ordinance dated , 20/3, which is attached to and made a part of this agreement as Attachment A for t e de %'lopment of the Project. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement The period of this LPAFA is as stated in the Master Agreement, without exception. AFA-LPAFA ShortGen.doc RECEIVED AUG 2 3 2013 Page 1 of 9 Revised 05/04/2012 CSJ #0902-48-680 & 0902-48-793 District #02-Fort Worth Code Chart 64 #15000 City of Fort Worth, 50220 Tarrant County Project: Precinct Line Road Federal Highway Administration CFDA # 20.205 Not Research and Development 2. Termination of this LPAFA This LPAFA shall remain in effect until the project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties, or; B. Because of a breach of the Master Agreement or a breach of the LPAFA. Any cost incurred due to a breach of contract shall be paid by the breaching party. C. After the PS&E the Local Government or Tarrant County may elect not to provide the funding and the project does not proceed because of insufficient funds; the Local Government and Tarrant County agree to reimburse the State for its reasonable actual costs incurred during the project. D. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as intersection improvements; left turn lanes on Trinity Boulevard at Precinct Line Road. Also widen from 2 lanes to 4 lane divided on Precinct Line Road from SH 10 to N of Trammel Davis. 5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception. 6. Utilities Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement, without exception. 7. Environmental Assessment and Mitigation Environmental assessment and mitigation will be carried out as stated in the Master Agreement. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Compliance with Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government, as stated in the Master Agreement. The Local Government is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The State may review and AFA-LPAFA_ShortGen.doc Page 2 of 9 Revised 05/04/2012 CSJ #0902-48-680 & 0902-48-793 District #02-Fort Worth Code Chart 64 #15000 City of Fort Worth, 50220 Tarrant County Project: Precinct Line Road Federal Highway Administration CFDA # 20.205 Not Research and Development comment on the work as required to accomplish the public purposes of the State. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities Construction responsibilities will be carried out by the State as stated in the Master Agreement. 11. Project Maintenance Project maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100)/0) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C. Attachment C shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document. D. The Local Government is responsible for all non-federal and non -state or non -Tarrant County funding, including any project cost overruns, unless otherwise provided for in this agreement or through amendment of this agreement. E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local 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 AFA-LPAFA_ShortGen.doc Page 3 of 9 Revised 05/04/2012 CSJ #0902-48-680 & 0902-48-793 District #02-Fort Worth Code Chart 64 #15000 City of Fort Worth, 50220 Tarrant County Project: Precinct Line Road Federal Highway Administration CFDA # 20.205 Not Research and Development construction oversight and construction costs. Tarrant County shall remit payment in accordance with Attachment C. F. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification, G. Whenever funds are paid by the Local Government or Tarrant County to the State under this Agreement, a check or warrant will be 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 or Tarrant County's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel. Any application of unused funds shall be on a pro rata basis of their contributions to this agreement. H. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. K. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's AFA-LPAFA,._ShortGen.doc Page 4 of 9 Revised 05/04/2012 CSJ #0902-48-680 & 0902-48-793 District #02-Fort Worth Code Chart 64 #15000 City of Fort Worth, 50220 Tarrant County Project: Precinct Line Road Federal Highway Administration CFDA # 20.205 Not Research and Development document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. 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 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 18. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City of Fort Worth State: Director of Transportation and Public Works City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 AFA-LPAFA ShortGen.doc Director of Contract Services Texas Department of Transportation 125 E. 11 " Street Page 5 of 9 Revised 05/04/2012 CSJ #0902-48-680 & 0902-48-793 District #02-Fort Worth Code Chart 64 #15000 City of Fort Worth, 50220 Tarrant County Project: Precinct Line Road Federal Highway Administration CFDA # 20.205 Not Research and Development Austin, Texas 78701 County of Tarrant Tarrant County Judge Tarrant County 100 East Weatherford Fort Worth, TX 76196 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 19. Civil Rights Compliance The Local Government shall comply with the regulations of the U.S. Department of Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision -making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://txdot.aov/business/business outreach/mou.htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcernent under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). AFA-LPAFA ShortGen.doc Page 6 of 9 Revised 05/04/2012 CSJ #0902-48-680 & 0902-48-793 District #02-Fort Worth Code Chart 64 #15000 City of Fort Worth, 50220 Tarrant County Project: Precinct Line Road Federal Highway Administration CFDA # 20.205 Not Research and Development F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: http://edocket. access. aoo.aov/2010/odf/2010-22705. odf and http://edocket. access.aoo.aov/2010/odf/2010-22706. odf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State and the Federal government, a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for more than $25,000 in Federal Funding. The CCR number may be obtained by visiting the CCR website whose address is: httos://www.bon.aov/ccr/default.asox; 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedaov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/contact us/audit.htm. C. If expenditures are less than $500,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY .11 D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The AFA-LPAFA ShortGen.doc Page 7 of 9 Revised 05/04/2012 CSJ #0902-48-680 & 0902-48-793 District #02-Fort Worth Code Chart 64 #15000 City of Fort Worth, 50220 Tarrant County Project: Precinct Line Road Federal Highway Administration CFDA # 20.205 Not Research and Development required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA-LPAFA ShortGen.doc Page 8 of 9 Revised 05/04/2012 CSJ #0902-48-680 & 0902-48-793 District #02-Fort Worth Code Chart 64 #15000 City of Fort Worth, 50220 Tarrant County Project: Precinct Line Road Federal Highway Administration CFDA # 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED b State, the Local Government and the County of Tarrant in duplicate. pv IF011)N THE LOCAL GOVERNMENT �o ork0 013 ga§ 1441rapir Owl r;1 $.°o,city of Fort Worth 4"4144"4 C4L—* 1il'CLbp�'O" Fernando Costa Assistant City Manager APPRO EDy4S TO FORM AND LEGALITY AP OVAL RECOMMENDED By Assistant City Attorney ✓�1 � c c 2 f 5- c( ';, /9-/3 County of Tarrant t_)s���c�l 4 Signature /fi) Gc.)hif-/ej Typed or Printed Name /A-22Wn1- e0104 / Title ✓ ° Date 7//co / /3 STATE OF TEXAS a•_')( CO gice Mullenix irector of Contract Services Texas Department of Transportation 4 Date". AFA-LPAFA ShortGen.doc By Douglaty. Wiersig, P.E. Director Transportation and Public Works Date: 3 (221 2 0 ►3 Page 9 of 9 Revised 05/04/2012 APPROVED AS TO FORM: Dist ct Atto n y's Office* *By law, the District Attorney's Office may only approve contracts for its clients. We reviewed this document from our client's legal perspective. Other parties may not rely on this approval. Instead, those parties should seek contract review from independent counsel. Certification of Funds Available , for the Amount of $ Z, 72 ' ©o ; S. RENEE TIDWELL, CPA COUNTY AUDITOR AFA-LPAFA ShortGen.doc CSJ #0902-48-680 & 0902-48-793 District #02-Fort Worth Code Chart 64 #15000 City of Fort Worth, 50220 Tarrant County Project: Precinct Line Road Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE -SEE ATTACHED - Page 1 of 1 Attachment A M&C Review Page 1 of 3 U CIL 'GE DA Official site of the City of Fort Worth, Texas FORT WORTI1 COUNCIL ACTION: Approved on 3/19/2013 - Ordinance No. 20659-03-2013 & Resolution No. 4191-03-2013 DATE: 3/19/2013 REFERENCE NO.: CODE: C SUBJECT: TYPE: C-26154 LOG NAME: NON- PUBLIC CONSENT HEARING: 20PRECINCT LINE ROAD IMPROVEMENTS-2 NO Adopt Resolution Authorizing Execution of Amendment Number 1 to the Precinct Line Road Bridge Funding Agreement with the Texas Department of Transportation in the Amount of $3,788,800.00, Establishing a Maximum Federal and State Participation of $3,509,000.00, and Execution of a Roadway Funding Agreement with Texas Department of Transportation and Tarrant County in the Amount of $10,665,534.00 for Additional Improvements to Precinct Line Road and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 4 and 5) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution authorizing execution of Amendment Number 1 to the Precinct Line Road bridge Local Project Advanced Funding Agreement with the Texas Department of Transportation in the amount of $3,788,800.00 for a new four -lane bridge and execution of a LPAFA with Texas Department of Transportation and Tarrant County in the amount of $10,665,534.00 for additional improvements to Precinct Line Road; 2. Authorize the transfer of $330,566.00 from the Street Improvements 2008 Fund to the Grant Capital Projects Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Capital Projects Fund in the amount of $330,566.00 from available funds; and 4. Authorize payment to Texas Department of Transportation in the amount of $330,566.00 from the Grant Capital Projects Fund for costs in accordance with the roadway Local Project Advanced Funding Agreement. DISCUSSION: Under the previous Agreement, the timing of the Federal grant was unclear. In an effort to move forward, Texas Department of Transportation (TxDOT) has agreed to manage this project with a maximum obligation of $3,509,000.00. The City has been responsible for the design and environmental clearance, and will participate with an additional $259,800.00 for construction. To effectively deliver Precinct Line bridge and roadway improvements, the two existing projects are being combined into one construction project that will be managed by TxDOT, but with separate funding Agreements. Execution of Amendment No. 1 to the Precinct Line Road bridge Local Project Advanced Funding Agreement (LPAFA) with TxDOT (M&C C-20868, City Contract No. 33117) will provide Federal and State funds as shown in Table 1 to build a four -lane bridge. Execution of an additional LPAFA with TxDOT and Tarrant County will provide federal, state, and Tarrant County funds as shown in Table 2 to widen Precinct Line Road from two -lanes to four -lanes between SH 10 and Trammel Davis Boulevard including intersection improvements at Trinity Boulevard. http://www.fortworthgov.org/council packet/rnc_review.asp?ID=17950&councildate=3/1... 6/27/2013 M&C.Review Page 2 of 3 TABLE 1 - BRIDGE (Project No. 00105 and Grant No. 302620) FUNDING Federal Funds $ 2,400,000.00 State Funds $ 600,000.00 State Funds (State's Equivalent Match Program) $ 509,000.00 City Funds (2004 CIP Bridge Improvements Fund) $ 279.800.00 Total Funds: $ 3,788,800.00 COST Engineering $ 400,800.00 Construction $ 3.388.000.00 Total Cost: $ 3,788,800.00 TABLE 2 - ROADWAY (Project No. 00147 and Grant No. 302621) FUNDING Federal Funds State Funds Tarrant County City (2004 CIP - Arterial Program) City (2008 CIP Transportation Grant Matches Fund) Total Funds: $ 4,849,075.00 $ 401,358.00 $ 2,729,000.00 $ 2,355,535.00 $ 330.566.00 $10,665,534.00 COST Engineering $ 1 ,106,130.00 Environmental $ 247,959.00 Right -of -Way $ 1,001,446.00 Construction $ 7,000,130.00 State Direct and Indirect Costs $ 1,309,869.00 Total Cost: $10,665,534.00 TABLE 3 — PREVIOUS COUNCIL ACTION DESCRIPTION AMOUNT M&C APPROVED Authorize execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation for the $1,384,000.00 C- 20868 July 26, 2005 construction of a new bridge to replace the Precinct Line Road Bridge (City Contract No. 33117) Construction is scheduled to begin Fall 2013 with completion within 18 months. This project is located in COUNCIL DISTRICTS 4 and 5, Mapsco 52Z, 66D, and 67A. TxDOT will manage construction of both projects. 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 current capital budget, as appropriated, of the Grant Capital Projects Fund. TO Fund/Account/Centers GR74 472204 020302621000 $330.566.00 FROM Fund/Account/Centers 2) C204 538070 201219990100 $330.566.00 http://www.fortworthgov.org/council packet/mc_review.asp?ID=17950&councildate=3/1... 6/27/2013 M&C.Review Page 3 of 3 GR74 472204 020302621000 21 GR74 539120 020302621100 $330.566.00 $330.556.00 GR74 539120 020302621100 $330.566.00 Submitted for City Manaaer's Office bv: Fernando Costa (6122) Oriainatina Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Jim Walker (8009) ATTACHMENTS 20PRECINCT LINE ROAD IMPROVEMENTS-2 A013.doc MAP PRECINCT LINE RD IMPROVEMENTS.Ddf Precinct Line Rd Resolution.doc http://www.fortworthgov.org/councilpacket/mc_review.asp?ID=17950&councildate=3/1... 6/27/2013 6 2 ICH JRCFF 1500 3000 MAYOR AND COUNCIL COMMUNICATION MAP 20 PRECINCT LINE ROAD IMPROVEMENTS 6000 I Ft RANDOL MILL 1 r�7 RAMMEL VIE j.lwwy 1801 Copyright 2011 City of Fort Worth. Unauthorized reproduction Is a violation of applicable laws. This product is for informational purposes and may not have been prepared for or be suitable for legal, engheering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative locatbn of property bolt -Wades. The City of Fort Worth assumes no responsbility for the accuracy of said data. e GREEN OAKS 1BRIDGEr-'4- 0 100 200 400 Ft ^,1:1Cy31 444_0 • '4. .. BLUE RI s GE•TR1L Lr. _ • I A' �:..tn . ARVARO�t .:Y•:i'�sl�t'k11'Sytt` yt•a✓..�';.; . .+�y'%n 1 . t_kr • r. 1: LLt. PRECINCT LINE ROAD CITY PROJECT# 00147 (SH-10 TO CONCHO TRAIL) DOE# 6090 CITY PROJECT# 00105 Volume: 129 Page: 340 MINUTES TARRANT COUNTY COMMISSIONERS COURT Minutes of Commissioners Court, Special Term, REGULAR Meeting Tuesday, July 16, 2013 On Tuesday, July 16, 2013 at 10:00 A.M., the Honorable Commissioners Court of Tarrant County, Texas met for Special Term — Regular Meeting in the Commissioners' Courtroom at the Courthouse in the City of Fort Worth. I. CALL TO ORDER AND ROLL CALL The Commissioners' Court Clerk having called roll and a quorum being present, B. Glen Whitley, County Judge, called the meeting to order with members present: County Judge - B. Glen Whitley Presiding Commissioner - Precinct 1 Roy Charles Brooks Present Commissioner - Precinct 2 Andy H. Nguyen Present Commissioner - Precinct 3 Gary Fickes Absent Commissioner -Precinct 4 J.D. Johnson Present and County Clerk Mary Louise Garcia., represented by her duly appointed Deputy Melissa Alston, when the following orders were made: II. INVOCATION u,R Q III. PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND THE STATE OF TEXAS IV. AGENDA ANNOUNCEMENTS n Tuesday, July 16, 2013 V. APPROVAL OF THE MINUTES A. Minutes for Regular Meeting of July 9, 2013 Volume: 129 Page: 341 VI. PROCLAMATIONS, RESOLUTIONS AND PRESENTATIONS A. Resolution of Commendation - Brandon Xavier Salone (Commissioner Brooks) B. Recognition of Employees Earning Degrees Using the County Tuition Reimbursement Program (Larry Wilson) VII. CONSENT AGENDA Tuesday, July 16, 2013 VIII. PUBLIC HEARINGS Volume: 129 Page: 342 A. Public Hearing - To Consider the Adoption of New Rules Pertaining to Automotive and Salvage Yards Authorized by Sections 396.001 - 396.045 of the Texas Transportation Code 1. Conduct Public Hearing 2. Action, if Necessary B. Public Hearing - To Consider Amendment No. 2 to the Program Year 2011 Action Plan - Community Development 1. Conduct Public Hearing 2. Action, if Necessary Tuesday, July 16, 2013 Volume: 129 Page: 343 C. ** Request for Public Hearing - Tuesday, August 6, 2013, 10:00 A.M. - To Consider Amendment No. 1 to the Program Year 2013 Action Plan - Community Development D. ** Request For Public Hearing - Tuesday, August 13, 2013, 10:00 A.M. - To Consider Placement of a 25 Mph School Zone on Retta Mansfield, Precinct 1 - Transportation Services IX. REPORTS AND BUSINESS A. Administrator (G.K. Maenius) 1. Approval of ProhibitionAgainst Outside Burning Within Unincorporated Areas of Tarrant County red 2. Approval of Contract Amendment No. 1 to the Intergovernmental Cooperative Reimbursement Agreement between the Texas Commission on Environmental Quality and Tarrant County for the Low Income Vehicle Repair Assistance. Retrofit and Accelerated Vehicle Retirement Program Tuesday, July 16, 2013 Volume: 129 Page: 344 3. Approval of Lease Agreement with Auto Crimes Task Force for Space at the Resource Connection 4. Approval of Commercial Lease of 200 W. Magnolia. Fort Worth. Texas, between Tarrant County Hospital District and Westmont Properties, LLC 5. Approval of Commercial Contract - Improved Property and Office Lease Agreement Providing for the Purchase and Subsequent Lease Back to Seller of Property Located at 710 W. Leuda, Fort Worth. Texas by Tarrant County Hospital District and MLA Ventures, LLC Receive and File the County Administrator's Report, Ref Rendon- Bloodworth Road Project, Precinct 1 Tuesday, July 16, 2013 Volume: 129 Page: 345 7. ** Approval of Change Order No. 1 with Tejas Commercial Construction, LLC in the Amount of for the Reconciliation of Quantities in the City of Watauga, 38th Year CDBG Project - Community Development 8. ** Approval of Exception to the Professional Membership Policy - County Clerk, Mary Louise Garcia 9. ** Receive and File Statement of Elected/Appointed Officer for an Appointed Deputy Constable for Precinct 6 Constable Office 10. ** Receive and File the Mental Health Mental Retardation of Tarrant County Board of Trustees Meeting Minutes for May 28, 2013 11. * * Approval of an Out -of -State Travel Request and an Exception to the Travel Policy, for Use of a County Vehicle - Transportation Department 12. ** Receive and File Briefing Agenda Tuesday, July 16, 2013 Volume: 129 Page: 346 13. ** Approval of Out -of -State Travel Requests 14. ** Approval of a Computer -Related Training/Travel Request B. Auditor (Renee Tidwell) 1. Receive and File the Auditor's Report Ref: Rendon-Bloodworth Road Proiect, Precinct 1 2. Receive and File the Auditor's Report of the District Clerk's ReQistry of Court Accounts Receive and.File the Auditor's:Report of the Tax Office Motor Vehicle Bank Reconciliation Tuesday, July 16, 2013 Volume: 129 Page: 347 4. Receive and File the Auditor's Report for the Review of the Tarrant County Constable, Precinct 7, Property Room 5. Approval of Release of Depository Collateral C. Budget and Risk Management (Debbie Schneider) 1. Approval of Claim Recommended by the Risk Management Board 2. ** Approval of Fiscal Year 2013 Appropriation Adjustments 3. ** RP.( P1VP and i';t D;,,L Tuesday, July 16, 2013 Volume: 129 Page: 348 4. ** Approval of Exceptions to Fee Schedule for Court Interpreters D. Community Supervision and Corrections Department (Leighton IIes) * * Approval of Contract between Tarrant County and the Community Supervision and Corrections Department of Tarrant County for the Provisions of Personnel Benefit Services for Fiscal Year 2014 E. County Clerk (Mary Louise Garcia) 1. * * Authorization for Two Additional Change Funds for County Clerk F. Criminal Courts (J. Gregory Shugart) 1. * * Acceptance of a Grant Award from the United Way of Tarrant County Veterans Fund for the Tarrant County Veterans Court Diversion Program G. District Attorney (Joe Shannon) 1. Permission to File Suit - Job Ngugi Tuesday, July 16, 2013 Volume: 129 Page: 349 2. ** Approval of the Tarrant County Narcotics Unit FY 2012 Chapter 59 Asset Forfeiture Report 3. ** Approval of Contract Request for Data Exchange From the Texas Workforce Commission H. Facilities Management (David Phillips) 1. ** Approval of Building Renovations in Suite 200, 1400 Circle Drive, Resource Connection, for Tarrant County Hospital District 2. ** Approval of Interlocal Agreement with the City of Cleburne for the Purpose of Shredding and Baling of City of Cleburne Documents at the Tarrant County Recycling Center Located at 600 S. Sylvania, Fort Worth I. Human Resources (Tina Glenn) 1. Receive and File the Personnel Agenda Tuesday, July 16, 2013 Volume: 129 Page: 350 2. Approval of the Continued Selection of Pacificare as the Insurance Provider of the Fully -Insured Group Retiree Medicare -Based Medical Plans and the Contribution Rates for Funding the Insurance Program for Plan Year 2014 3. Approval of Organization Changes - Sheriff's Office and County Criminal Court #1 4. Approval of Changes to the Table of Organization to Add a Project Employee Position - County Clerk's Office Approval of a Change to the Table of Organization to Add One New Full - Time Court Reporter Position - County Criminal Court#10 —Tuesday, July 16, 2013 Volume: 129 Page: 351 J. Public Health aiou Brewer 1. Approval for the Public Health Department to Participate in the Two -Year Centers for Disease Control and Prevention's Public Health Apprentice Program 2. ** Approval of Amendment No. 3 to the FY 2013 Department of State Health Services Consolidated Grant Contract, Attachment No. 009 - STD/HIV Prevention and Control K. Purchasine (Jack Beacham) Bid No. 2013-084 - Annual Contract for Inmate Food Trays - Sheriff's Department - Various Vendors - Per Unit Price 2. Bid No. 2013-090 - Annual Contract for Cold Applied Asphalt Crack Sealant - All Precincts - Martin Asphalt Company ='Per Unit Price Tuesday, July 16, 2013 Volume: 129 Page: 352 3. **Approval of Tarrant County Purchasing Policies and Procedures Manual Revisions - Section 27-Debarment and Suspension - Purchasing Department 4. ** Bid No. 2011-127 - Annual Contract for Various In -House Urine and Saliva Drug and Alcohol Test Supplies - Community Supervision and Corrections Department and Juvenile Services - Various Vendors - Exercise Second Option for Renewal - Same Firm Fixed Prices 5. ** Bid No. 2011-134 - Annual Contract for Truck and Bus Repairs - Countywide - Exercise Second and Final Option for Renewal - Same Film Fixed Prices 6. ** RFQ No. 2012-119 - Professional Land Surveying Services Transportation Services and Facilities Management - Various Vendors - Exercise First Option for Renewal 7. ** Bid No. 2012-121 - Annual Contract for Armored Car Service - Countywide - Trinity Armored Security, Inc. - Exercise First Option for Renewal - Same Firm Fixed Prices 8. ** Bid No. 2012-.i;26 - Annual Contract.for Work Unifoiius - Countywide - Various Vendors Exercise First Option for Renewal - Same Discount From Tuesday, July 16, 2013 Volume: 129 Page: 353 9. ** Bid No. 2012-128 - Annual Contract for Emergency Vehicle Equipment and Supplies - Countywide - Various Vendors -. Exercise First Option for Renewal - Same Firm Fixed Discount from List Price 10. ** Bid No. 2012-145 - Annual Contract for Floor Mat and Shop Towel Service -Countywide - Aramark Uniform Services- Exercise First Option for Renewal - Same Firm Fixed Prices 11. ** Bid No. 2012-163 - Annual Contract for Welding Equipment/Supplies and Industrial/Medical Gases - Countywide - Airgas USA, LLC - Exercise First Option for Renewal - Same Firm Fixed Prices 12. ** Pertiiission to Take Bids/RFPs RFP for Out -Patient Services for Juveniles with Sexual Behavior Problems - Juvenile Services b) RFP for Family Centered Multifaceted Wraparound Services - Juvenile Services c) Annual Contract for Temporary Medical Transcriptionist for Public Health d) Annual Contract for Flexible Road Base Materials Tuesday, July 16, 2013 O. County Judee and Commissioners 1. Interlocal Agreement, Precinct 1 (Commissioner Brooks) Volume: 129 Page: 355 a) Approval of Interlocal Agreement with the City of Forest Hill for the Reconstruction of a Parking Area at the Forest Hill Multi -Purpose Center b) Approval to Begin Interlocal Agreement with the City of Forest Hill for the Reconstruction of a Parking Area at the Forest Hill Multi -Purpose Center c) Approval of Interlocal Agreement with the City of Crowley for the Reconstruction of Numerous Streets d) Approval. to Begin lnterlocal Agreement with the City of Crowley for the Reconstruction of Numerous Streets Tuesday, July 16, 2013 Volume: 129 Page: 356 P. Appointments to Various Boards 1. Child Protective Services Board 2. Historical Commission 3. Tarrant County Hospital District Board of Managers 4. Tax Increment Finance District Boards 5. Various Board Appointments X. APPROVAL OF BONDS XI. VARIOUS CLAIMS AND ADDENDUM A. Approval of Claims and Addendum XII. BRIEFING A. Update on West Nile Virus Activities The Commissioners Court will be updated by a representative from Public Health on West Nile Virus activities. B. Legislative Issues The Commissioners Court will receive a weekly update concerning legislative activities of the Texas Legislature, along with Federal Government initiatives. Staff will provide materials that summarize the previous week's activities. county legislative initiatives and other issues relating to legislative activities. If needed. the Commissioners Court may take action regarding pending legislative issues. C. 2006 County Capital Improvements and Transnortation Rona Prouramc ThP Tuesday, July 16, 2013 XIII. ANNOUNCEMENTS AND COMMENTS XIV. PUBLIC COMMENTS aastcae ®Q affiaird§ b e eSSe T„ Volume: 129 Page: 357 XV. CLOSED MEETING - TUESDAY, JULY 16, 2013 A. Pending or Contemplated Litigation and Attorney -Client Information 1. Job Ngugi (David Hudson, Assistant District Attorney) 2. Debra G. Brown (David Hudson, Assistant District Attorney) 3. Cause No. 342-259446-12, Kelley Meyer vs. Tarrant County (Tina Glenn, Human Resources Director) B. Real Estate Matters C. Personnel Matters D. Advice of Counsel E. Security Related Issues F. Economic Development Prospects XVI. COMMISSIONERS COURT RECONVENED Tuesday, July 16, 2013 Volume: 129 Page: 358 XVII. ADJOURNMENT APPROVED BY: B. Glen Whitley, County Judge SUBMITTED BY: Mary Louise Garcia, County Clerk BY: �AAL(iGJk J -%*Tr, Melissa Alston, Deputy 48-S39 ATTACHMENT B PROJECT LOCATION MAP I:s..1 09B7-01-53g PREC'NCT LINE BRIDGE 53 CC RI Precinct I ine Road and Trinity Aoulevard Project Cost Summary Description Precinct Lilo Road OridRc over Walker Branch (Cost $ 3,O40,000.00 CSJ #0902-48-680 & 0902-48-793 District #02-Fort Worth Code Chart 64 #15000 City of Fort Worth, 50220 Tarrant County Project: Precinct Line Road Federal Highway Administration CFDA # 20.205 Not Research and Development LEGENQ (r; PRECINCT 1-INE ROAD BRSDCE [- jPRECINCT LINE ROAR 11C1 TRINITY HD111 VARD INTERSECTlos LT 1NTERSECrION & BRIDGE OVERLAP CSJ 0902-4O- 93 TRINITY 6LVO INTERSECTION $4.46 Al CSJ 0902-4S-GEO �'-• PRECINCT LINE ROAD 3234M AFA-LPAFA ShortGen.doc Page 1 of 1 Attachment B CSJ #0902-48-680 & 0902-48-793 District #02-Fort Worth Code Chart 64 #15000 City of Fort Worth, 50220 Tarrant County Project: Precinct Line Road Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET Costs will be allocated based on 80% Federal funding and 20% County of Tarrant funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for all other costs. Description 0902-48-680 'Environmental (by Local Government) 'Engineering (by Local Government) (Utilities (by Local Government) 'Right of Way (by Local Government) Construction (by State) 0902-48-680 Construction Subtotal: 0902-48-680 Subtotal: Environmental Direct State Cost Engineering Direct State Cost Utilities Direct State Cost Right of Way Direct State Cost 'Construction Direct State Cost (Indirect State Cost Cat.10 (HY10) Cat.10 (LY10) 2% 110.69% 1 4.29% Direct & Indirect State Cost Subtotal:) Total 0902-48-680I Total Estimated Cost $200,959 $1,105,130 $0 $751,446 $140,950 Local Government Tarrant County Federal Participation State Participation Participation" Participation % Cost % Cost % Cost % Cost $0 $0''100% $200,959 $0 $0 100% $1,105,130 $0 $0 $0 $0 $0100% $751,446 $0 $0 100% $140,950 $200,000 80% $801,475 80% $1, 397, 705 $2,540,130 $4, 597, 665 $2,010 $7,5151 $11 $22,103 1 $271,5401 $197,240I $500,4091 $5,098,0741 $160,000 $0 $641,180 $0 $801,180 $801,180 so so so so 100% $0 $801,180 $0 $0 $0 100% $0 100% $0 100% $0 100% 39% $197,240 $197,240 $197,240 $0 20% $0 20% 100% $140,950 $2,198,4851 $2, 010I $7,5151 $1 $22,103 $104,8481 61% $136,4771 $2,334,9621 AFA-LPAFA_ShortGen.doc Page 1 of 3 Attachment C $0 $0 $0 $0 $40, 000 $160,295 $1, 397, 705 $1,598,000 $1,598,000 so so $o so $166,692 $166,692 $1,764,692 Description 0902-48-793 'Environmental (by Local Government) 'Engineering (by Local Government) 'Utilities (by Local Government) Right of Way (by Local Government) Construction (by State) 0902-48-793 Construction Subtotal: 0902-48-793 Subtotal: 'Environmental Direct State Cost Engineering Direct State Cost 'Utilities Direct State Cost Right of Way Direct State Cost Construction Direct State Cost CMAQ Cat.12 (MM) 11 2% 13.45% 1 'Indirect State Cost 4.29%1 Direct & Indirect State Cost Subtotal: Total 0902-48-793 0902-48-680 & 0902-48-793 Project Total: AFA-LPAFA ShortGen.doc ATTACHMENT C PROJECT BUDGET Estimated Cost $47,000 $1,000 $0 $250,000 $2,460,000 80% CSJ #0902-48-680 & 0902-48-793 District #02-Fort Worth Code Chart 64 #15000 City of Fort Worth, 50220 Tarrant County Project: Precinct Line Road Federal Highway Administration CFDA # 20.205 Not Research and Development Local Government Tarrant County Federal Participation State Participation Participation Participation Cost % Cost % Cost % Cost $0 $0 100% $47,000 $0 $0 $0 $1,968,000 $2,000,000 80% $1,600,000 $4,460,0001 $3,568,000I $4,758,0001 $3,568,000I $470! ( $0 $5,000 I $0 $11 $0 $1 $0 $599,870 80% $479,895 $204,1181 100% $809,4601 $479,895 $5,567,4601 $4,047,895 $10, 665, 534 $4, 849, 075 Page 2 of 3 $0100% $1,000 $0 $0 $0 '100% $250,000 $0 20% so so so Sol 100% $01 100% $01 100% $01 100% 8% $204,118 $204,118 $204,118 $401,358 20% $0 $298,000 $470 1 $5,000 $1 $1 $47,667 12% $53,139 $351,139 $2, 686,101 Attachment C $0 $0 $0 $0 $492,000 $400,000 $892,000 $892,000 $0 $0 $0 $0 $72,308 $72,308 $9E4,308 $2, 729, 000 CSJ #0902-48-680 & 0902-48-793 District #02-Fort Worth Code Chart 64 #15000 City of Fort Worth, 50220 Tarrant County Project: Precinct Line Road Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET Local Government: City of Fort Worth Initial payment by the Local Government to the State: $37,101.000 Payment by the Local Government to the State before construction: $293,465.00 Estimated total payment by the Local Government to the State $330,566.00 This is an estimate. The final amount of Local Government participation will be based on actual costs Tarrant County Funding Structure: 1st Payment due 60 days before letting: $682,250.00 2" Payment due 4 months after letting: $682,250.00 3rd Payment due 8 months after letting: $682,250.00 4th Payment due 12 months after letting: $682,250.00 Estimated total payment by Tarrant County to the State $2,729,000.00 This is an estimate. The final amount of Tarrant County participation will be based on actual costs. AFA-LPAFA_ShortGen.doc Page 3 of 3 Attachment C Texas Department of Transportation® Ir 2501 SOUTHWEST LOOP 820 I FORT WORTH, TEXAS 76133 I (817) 370-6500 I WWW.TXDOT.GOV August 12, 2013 RE: Precinct Line Road CSJ: 0902-48-680 & 0902-48-793 Tarrant County Mr. Doug W. Wiersig, Ph.D., P.E. Director of Transportation & Public Works City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Dear Mr. Wiersig: Attached, for your files, is one fully executed original of the Local Project Advance Funding Agreement between the City of Fort Worth, Tarrant County and the State for the above referenced projects. 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. Enclosures Sincerely, Rose Rodriguez Transportation Planning & Development Office Fort Worth District 1/67/3 OUR GOALS MAINTAIN A SAFE SYSTEM • ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY An Equal Opportunity Employer