HomeMy WebLinkAboutContract 46550 _ CITY sECRETAW
• CSJ #: 0918-46-274 CONTRACT NO.
District #: 18-Dallas
Code Chart 64#: 15000
Project: South Blue Mound Road at Elizabeth Creek
NBI Structure # 18-061-Z000-40-001
Federal Highway Administration CFDA#20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For Bridge Replacement or Rehabilitation
Off the State System
THIS Local Project Advance Funding Agreement (the LPAFA) is made by and between
the State of Texas, acting by and through the Texas Department of Transportation, called
the "State," and the City of Fort Worth acting by and through its duly authorized officials,
called the "Local Government."
WITNESSETH
WHEREAS, a Master Agreement between the Local Government and the State has been
adopted and states the general terms and conditions for transportation projects developed
through this LPAFA; and,
WHEREAS, Title 23 United States Code Section 144 authorizes federal funds to assist the
states in the replacement or rehabilitation of deficient bridges located on public highways,
roads, and streets, including those under the jurisdiction of local governments; and
WHEREAS, the Local Government owns one or more bridges on a public road or street
M located on South Blue Mound Road at Elizabeth Creek, and these bridges are included in
C--) the currently approved off-state system federal-aid Highway Bridge Replacement and
Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission
M Minute Order Number 113967, dated June 26, 2014; and
0
WHEREAS, the Governing Body of the Local Government has approved entering into this
LPAFA by resolution or ordinance, which is attached to and made a part of this agreement
as Attachment A for the development of the specific programmed replacement or
rehabilitation project, called the "Project". The Project is identified in the location map
shown as 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 set forth, it is
agreed as follows:.
OFFICIAL RECORD
�r' ' A Page 1 of 11 Revised 05/01/2013
FT.90)R M, I'X
CSJ #: 0918-46-274
District #: 18-Dallas
Code Chart 64 #: 15000
Project: South Blue Mound Road at Elizabeth Creek
NBI Structure # 18-061-Z000-40-001
Federal Highway Administration CFDA#20.205
Not Research and Development
AGREEMENT
1. Period of this Agreement
The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this Agreement
Termination of this LPAFA shall be under the conditions as stated in the Master
Agreement. The 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. Remedies
Remedies for defaults under this LPAFA shall be made as described in the Master
Agreement, without exception.
5. Scope of Work
The scope of work for this LPAFA is the replacement or rehabilitation of the bridges
identified in the recitals of this LPAFA. This replacement or rehabilitation shall be
accomplished in the manner described in the plans, specifications, and estimates
developed in accordance with this LPAFA and which are incorporated in this agreement
by reference.
6. Right of Way and Real Property
A. The Local Government is responsible for the provision and acquisition of all
necessary right of way and will not be reimbursed with federal or state funds for the
required right of way.
B. The Local Government authorizes the State, its consultant, contractor, or other
designated representative to enter the sites of these bridges and adjacent right of
way or relocation right of way to perform surveys, inspections, construction, and
other activities necessary to replace or rehabilitate these bridges and approaches.
7. Adjustment of Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of
utility facilities in accordance with applicable state laws, regulations, rules, policies, and
procedures, including any cost to 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 Government will not be
Bridge-Bridge_LPAFA Page 2 of 11 Revised 05/01/2013
Bridge Division
CSJ #: 0918-46-274
District#: 18-Dallas
Code Chart 64 #: 15000
Project: South Blue Mound Road at Elizabeth Creek
NBI Structure # 18-061-Z000-40-001
Federal Highway Administration CFDA#20.205
Not Research and Development
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 State's request, a certification stating that the Local Government has completed
the adjustment of all utilities that must be adjusted before construction is completed.
8. Environmental Assessment and Mitigation
Development of the Project must comply with the National Environmental Policy Act and
the National Historic Preservation Act of 1966, which require environmental clearance of
federal-aid projects.
A. The State is responsible for the identification and assessment of any environmental
problems associated with the development of the Project governed by this LPAFA.
B. Cost participation in environmental assessment and remediation work shall be paid
by the parties in the same ratio as construction costs and will be included in the
construction costs identified in Attachment 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. The Local Government
does not need to provide certifications to the State concerning this matter.
D. 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
Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception.
10. Architectural and Engineering Services
The State is responsible for performance of any required architectural or preliminary
engineering work. The Local Government may review and comment on the work as
required to accomplish the public purposes of the Local Government. The State will
cooperate fully with the Local Government in accomplishing these local public purposes
to the degree permitted by state and federal law. The Local Government review shall
not unduly delay the development of the Project.
11. Construction Responsibilities
Construction responsibilities will be carried out by the State, as stated in the Master
Agreement, without exception.
12. Project Maintenance
Project maintenance will be undertaken as provided for in the Master Agreement,
without exception.
Bridge-Bridge_LPAFA Page 3 of 11 Revised 05/01/2013
Bridge Division
CSJ #: 0918-46-274
District#: 18-Dallas
Code Chart 64 #: 15000
Project: South Blue Mound Road at Elizabeth Creek
NBI Structure # 18-061-Z000-40-001
Federal Highway Administration CFDA# 20.205
Not Research and Development
13. Local Project Sources and Uses of Funds
A. A Project Cost Estimate is provided in Attachment D, Estimate of Direct Costs.
B. A source of funds estimate is also provided in Attachment D. Attachment D shows
the estimated direct preliminary engineering, construction engineering, and
construction costs for the Project in total and by the Local Government.
C. The Local Government participation is based upon the State's estimate of the
eligible work at the time this LPAFA is executed and will not be adjusted during
construction except as needed to include any Project cost item or portion of a cost
item ineligible for state or federal participation. In addition to its share of estimated
direct engineering and construction costs, the Local Government is responsible for
the direct cost of any project cost item or portion of a cost item that is not eligible for
federal participation under the federal HBRRP. The Local Government is also
responsible for any cost resulting from changes made at the request of the Local
Government. The State and the Federal Government will not reimburse the Local
Government for any work performed before 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.
D. 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.
E. After execution of this LPAFA, but thirty (30) days prior to the performance of any
work by the State, the Local Government shall remit to the State the amount
specified in Attachment D as the local contribution for preliminary engineering. The
Local Government will pay, at a minimum, its funding share for this estimated cost
of preliminary engineering.
F. Forty-five (45) days prior to the date set for receipt of the construction bids, the
Local Government shall remit its remaining financial share for the State's estimated
construction oversight and construction costs and any other costs owed.
G. If, at the completion or termination of the Project, the State determines that
additional funding is required by the Local Government, the State shall notify the
Bridge-Bridge_LPAFA Page 4 of 11 Revised 05/01/2013
Bridge Division
CSJ #: 0918-46-274
District #: 18-Dallas
Code Chart 64 #: 15000
Project: South Blue Mound Road at Elizabeth Creek
NBI Structure # 18-061-Z000-40-001
Federal Highway Administration CFDA# 20.205
Not Research and Development
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.
H. Whenever funds are paid by the Local Government to the State under this LPAFA,
the Local Government shall remit a check or warrant made payable to the "Texas
Department of Transportation Trust Fund." The check or warrant shall be deposited
by the State in an escrow account to be managed by the State. Funds in the
escrow account may only be applied to the State Project.
I. Upon completion of the Project, the State will perform an audit of the Project costs.
Any funds due to the Local Government, the State, or the Federal Government will
be promptly paid by the owing party.
J. The State will not pay interest on any funds provided by the Local Government.
K. The Local Government funding participation responsibilities include Project direct
costs only, except when the Project is terminated before completion at the request
of the Local Government as addressed in the Termination provision of this LPAFA.
L. The amounts shown on Attachment D are estimates only. If actual costs exceed
the estimates, this shall be considered a fixed price agreement, and no additional
funding shall be required of the Local Government except to the extent that the
additional costs result from changes made at the request of the Local Government
or to the extent that the additional costs are not eligible for federal participation
under the federal HBRRP. If actual costs are less than the estimates, Local
Government participation shall be recalculated based on actual costs. If the
recalculation results in a reduction in participation by the Local Government, the
State shall pay the difference to the Local Government upon completion of the
Project.
M. Under the provisions of Texas Transportation Code Section 222.053 certain
counties qualify as Economically Disadvantaged Counties (EDC) in comparison to
other counties in the state as below average per capita property value, below
average per capita income, and above average unemployment, for certain years. If
applicable, in consideration of such EDC status that may be applicable for the
Project, the required local match fund participation has been adjusted to N/A
N. The State will not execute the contract for the construction of a Project until the
required funding has been made available by the Local Government in accordance
with this LPAFA.
O. 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. 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.
Bridge-Bridge—LPAFA Page 5 of 11 Revised 05/01/2013
Bridge Division
CSJ #: 0918-46-274
District#: 18-Dallas
Code Chart 64 #: 15000
Project: South Blue Mound Road at Elizabeth Creek
NBI Structure # 18-061-Z000-40-001
Federal Highway Administration CFDA#20.205
Not Research and Development
P. 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.
14. Performance by Local Government of Equivalent-Match Projects (EMP) in Return
for Waiver of Local Match Participation Funding on Participation-Waived Projects
(PWP)
A. Applicability. If a request for waiver has been received and approved by the State's
District Engineer, then the required ten percent matching fund participation or
percent as adjusted for EDC consideration, as shown in Attachment D, Estimate of
Direct Costs, but excluding ineligible costs under the bridge program, 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 TAC Section 15.55(d). If a waiver
has been granted, the Project shall be defined to be a PWP and the work on the
"other" bridge structures that will be improved by the Local Government shall be
defined to be the EMPs. Attachment C to this LPAFA shows a list of EMPs under
this LPAFA.
B. Project Cost Estimate for PWP. Attachment D to this LPAFA shows the estimated
direct preliminary engineering, construction engineering, and construction costs for
the PWP in total and local 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 Government is agreeable to paying to the State, will be
credited against EMP work to be performed by the Local Government. If
applicable, this credit will be reflected in Attachment D to this LPAFA.
D. Responsibilities of the Local Government on EMPs
1. The Local Government shall be responsible for all engineering and construction,
related costs, and compliance with all applicable state and federal
environmental regulations and permitting requirements.
2. The structural or safety improvement work on the EMPs shall be performed
subsequent to the final execution of this LPAFA but within three (3) calendar
years after the earliest contract award of the related PWP.
3. Written documentation, suitable for audit, of the structural or safety improvement
work completed on the EMPs shall be kept on file by the Local Government for
four (4) years after completion of work or claims, lawsuits, or audits related to
those items, whichever is longer. A notice of completion of work on the EMPs
shall be delivered to the State's District Engineer no later than thirty (30)
calendar days after work is completed on the EMPs. At the request of the State,
Bridge-Bridge_LPAFA Page 6 of 11 Revised 05/01/2013
Bridge Division
CSJ #: 0918-46-274
District #: 18-Dallas
Code Chart 64#: 15000
Project: South Blue Mound Road at Elizabeth Creek
NBI Structure # 18-061-Z000-40-001
Federal Highway Administration CFDA#20.205
Not Research and Development
the Local Government shall submit any information required by the State in the
format directed by the State.
4. Failure by the Local Government to adequately complete the EMPs 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 Not Waived. Regardless of any waiver of
eligible program costs, the Local Government shall pay the State one-hundred
percent (100%) of the cost of any PWP item or portion of a cost item that is not
eligible for federal or state participation, and one-hundred percent (100%) 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,
the payment shall be made at least thirty (30) days prior to the beginning 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 date set for receipt of bids for construction of the PWP.
15. 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:
State: Director, Bridge Division
Texas Department of Transportation
125 E. 11 th Street
Austin, Texas 78701
Local Government: City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
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.
16. Office of Management and Budget (OMB) Cost Principles
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.
Bridge-Bridge_LPAFA Page 7 of 11 Revised 05/01/2013
Bridge Division
CSJ #: 0918-46-274
District #: 18-Dallas
Code Chart 64 #: 15000
Project: South Blue Mound Road at Elizabeth Creek
NBI Structure # 18-061-Z000-40-001
Federal Highway Administration CFDA#20.205
Not Research and Development
17. Lobbying Certification
The parties to this LPAFA reaffirm that no federal funds were used to lobby for Project
funds, but that if any lobbying occurred, it has been reported to the State, pursuant to
the requirements of the Master Agreement.
18. Incorporation 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.
19. Local Government Restrictions
In the case that the local government 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 government is responsible for all increased costs
associated with the ordinance, order, policy, directive, or change.
20. 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 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).
21. 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://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf.
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
Bridge-Bridge_LPAFA Page 8 of 11 Revised 05/01/2013
Bridge Division
CSJ #: 0918-46-274
District#: 18-Dallas
Code Chart 64 #: 15000
Project: South Blue Mound Road at Elizabeth Creek
NBI Structure # 18-061-Z000-40-001
Federal Highway Administration CFDA#20.205
Not Research and Development
Transportation (DOT)-assisted contract or in the administration of its DBE program
or the requirements of 49 CFR Part 26. The Local Government shall take all
necessary and reasonable steps under 49 CFR Part 26 to ensure non-
discrimination in award and administration of DOT-assisted contracts. The State's
DBE program, as required by 49 CFR Part 26 and as approved by DOT, is
incorporated by reference in this agreement. Implementation of this program is a
legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the Local Government of its failure to carry out its
approved program, the State may impose sanctions as provided for under 49 CFR
Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
F. Each contract the Local Government signs with a contractor (and each subcontract
the prime contractor signs with a sub-contractor) must include the following
assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this
contract. The contractor shall carry out applicable requirements of 49 CFR Part 26
in the award and administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach of this agreement,
which may result in the termination of this agreement or such other remedy as the
recipient deems appropriate.
22. 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.
23. 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:
Bridge-Bridge_LPAFA Page 9 of 11 Revised 05/01/2013
Bridge Division
CSJ #: 0918-46-274
District#: 18-Dallas
Code Chart 64#: 15000
Project: South Blue Mound Road at Elizabeth Creek
NBI Structure # 18-061-Z000-40-001
Federal Highway Administration CFDA# 20.205
Not Research and Development
http://www.gpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and
http://www.qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pd
B. The Local Government agrees that it shall:
1. Obtain and provide to the State, 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 web-site whose address is:
https://www.sam.gov/portal/public/SAM/
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://fedgov.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.
24. 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
East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at
http://www.txdot.gov/inside-txdot/office/audit/contact.html.
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 "
D. For each year the project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above.
The required annual filing shall extend throughout the life of the agreement, unless
otherwise amended or the project has been formally closed out and no charges
have been incurred within the current fiscal year.
Bridge-Bridge_LPAFA Page 10 of 11 Revised 05/01/2013
Bridge Division
CSJ #: 0918-46-274
District#: 18-Dallas
Code Chart 64#: 15000
Project: South Blue Mound Road at Elizabeth Creek
NBI Structure # 18-061-Z000-40-001
Federal Highway Administration CFDA#20.205
Not Research and Development
25. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
agreement on behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT - CITY OF FORT WORTH Q� FORr�
!6 O
070
V °
By: 8a
Fernando Costa A
ut City Manager � Alcoop°°°°
A �
AS
Date: 2�l�JS' Maty J. K r, i ecreh"
APPROVED AS TO FORM AND LEGALITY:
THE STATE OF TEXAS r q-c C_ Z4 6nQt�� p
y-2-3-
0� CITY ATTORNEY
By:
Gregg M Free y, P.E.
Director, Bridge Division
Texas Department of Transportation
Date:
Bridge-Bridge_LPAFA Page 11 of 11 Revised 05/01/2013
Bridge Division
CSJ #: 0918-46-274
District#: 18-Dallas
Code Chart 64#: 15000
Project: South Blue Mound Road at Elizabeth Creek
NBI Structure # 18-061-Z000-40-001
Federal Highway Administration CFDA#20.205
Not Research and Development
ATTACHMENT A
RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT
Bridge-Bridge_LPAFA Page 1 of 1 Attachment A
Bridge Division
A Resolution AITACHENTA
NO. 4364-09-2014
AUTHORIZING EXECUTION OF AN ADVANCE FUNDING AGREEMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE
REPLACEMENT OF THE SOUTH BLUE MOUND ROAD BRIDGE AND
PROPOSING WAIVER OF THE CITY'S LOCAL MATCH TO BE
REDIRECTED TO THE REHABILITATION BY THE CITY OF THE EAST 4'
STREET BRIDGE
WHEREAS, the federal off-system bridge program is administered by the Texas Department of
Transportation (the "State") to replace or rehabilitate structurally deficient and functionally obsolete
(collectively referred to as "deficient") bridges located on public roads and streets off the designated
state highway system;and
WHEREAS, the City of Fort Worth, (the "Local Government") owns a bridge located at
Elizabeth Creek on South Blue Mound Road, National Bridge Inventory (NBI) Structure Number 18-
061 Z00040-001; and
WHEREAS,projects to remedy the South Blue Mound Road Bridge are included in the currently
approved program of projects as authorized by Texas Transportation Commission Minute Order 113967
dated June 26, 2014 for Control-Section-Job(CSJ)Numbers 0918-46-274; and
WHEREAS, the usual fund participation ratio for projects on such programs is 80 percent
federal, 10 percent state and 10 percent local government;and
WHEREAS, "Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d))
provides that under specified conditions the 10 percent Local Government match fund participation
requirement may be waived with agreement by the local government to perform, or cause to be
performed, an equivalent dollar amount of structural improvement work on other deficient bridges or
deficient main lane cross-drainage structures within its jurisdiction, such a project of structural
improvement work being referred to as an"equivalent-match project"; and
WHEREAS, the estimated local match fund participation requirement on the approved South
Blue Mound Road Bridge project is$117,872.00(the"participation-waived amount"); and
WHEREAS,the Local Government proposes to waive its participation requirement for the South
Blue Mound Road Bridge project and in return perform or cause to be performed equivalent-match
project structural improvement work using the participation-waived amount.
FORTWORTH
Resolution No.4364-09-2014 A
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS:
That the City of Fort Worth shall perform, or cause to be performed, the following equivalent-
match project in return for waiver of the local match fund participation requirement on the approved
federal off-system bridge program(participation-waived)project not yet awarded:
LOCATION(and NBI ON SCHOOL DESCRIPTION OF ESTIMATED COST
identification number,if BUS ROUTE? STRUCTURAL
applicable) IMPROVEMENT
WORK
East 4h Street at Trinity Yes Strengthen the steel $117,872.00
River girders on the bridge
(NBI:02-220ZZ6250-004) to increase load
capacity
BE IT FURTHER RESOLVED that in receiving this waiver the Local Government
acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions
that include but are not restricted to the following:
1. The Local Government must be currently in compliance with load posting and closure
regulations as defined in National Bridge Inspection Standards under US Code of Federal Regulations,
Title 23, Section 650.303.
2. The equivalent-match project work increases the load capacity of the existing bridge or other
mainlane cross-drainage structure, or upgrades the structure to its original load capacity with a minimum
upgrade to safely carry school bus loading if located on a school bus route.
3. In performing, or causing to be performed, the equivalent-match project(s), the Local
Government assumes all responsibilities for engineering and construction, and complying with all
applicable state and federal environmental regulations and permitting requirements for the structure(s)
being improved.
4. The work on the proposed equivalent-match project(s) has not begun and will not begin until
the local match fund participation waiver approval process has been completed.
5. The Local Government will be allowed three years after the contract award of the
participation-waived project to complete the structural improvement work on the equivalent-match
project(s).
Should this waiver request be approved, an appropriate written agreement or
amendment to a previously executed agreement will be executed between the State and
City of Fort Worth. ��b-datinAa
Adopted this 23rd day of Se mber, 2014. �'d,4t o00000, 4 p��
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CSJ #: 0918-46-274
District#: 18-Dallas
Code Chart 64#: 15000
Project: South Blue Mound Road at Elizabeth Creek
NBI Structure # 18-061-Z000-40-001
Federal Highway Administration CFDA#20.205
Not Research and Development
ATTACHMENT C **
LIST OF DISTRICT ENGINEER APPROVED
EQUIVALENT MATCH PROJECTS
Location (and structure On School Historic Description of Estimated
identification number, if Bus Bridge? Structural or Safety Cost
applicable) Route? (Yes/No) Improvement Work
Yes/No
To strengthen the steel
E. 4th Street at Trinity River girders on the bridge to
(NBI#: 02220ZZ6250004 Yes No increase load capacity $117,872
Total $117,872
EMP work credited to this PWP* $117,872
Balance of EMP work available to associated PWPs $0
Associated PWPs CSJs Amount to be Credited to Associated
PWPs
*This total should typically equal the "Balance of Local Government Participation" that is
waived as shown in Attachment D.
**This attachment not applicable for non-PWPs.
Bridge-Bridge_LPAFA Page 1 of 1 Attachment C
Bridge Division
CSJ #: 0918-46-274
District#: 18-Dallas
Code Chart 64 #: 15000
Project: South Blue Mound Road at Elizabeth Creek
NBI Structure # 18-061-Z000-40-001
Federal Highway Administration CFDA#20.205
Not Research and Development
ATTACHMENT D
ESTIMATE OF DIRECT COSTS
Local Government
Estimated Cost Participation
Preliminary Engineering (PE) (1) $300,000
Ten Percent (10%) or EDC Adjusted
Percent of PE for Local Government (3) $30,000
Participation
Construction $800,000
Engineering and Contingency (E&C) (9.84%) $78,720
The Sum of Construction and E&C (2) $878,720
Ten Percent (10%) or EDC Adjusted
Percent of the Sum of Construction and
E&C for Local Government Participation (4) $87,872
Amount of Advance Funds Paid by Local
Government * - (5) $0.00
Amount of Advance Funds to be Paid by
Local Government * (6) $0.00
Balance of Local Government Participation
which is to be Waived where the Project is
a PWP (3+4-5-6) $117,872
Total Project Direct Cost (1+2) $1 ,178,720
*Credited Against Local Government Participation Amount
If this Project is to be a PWP, Amount of EMP Work Being Credited to this PWP as Shown
on Attachment C: $117,872
Bridge-Bridge_LPAFA Page 1 of 1 Attachment D
Bridge Division
M&C Review Page 1 of 2
Official
CITY COUNCIL AGENDA F®xr H
COUNCIL ACTION: Approved on 9/23/2014 - Resolution No. 4364-09-2014
20AFA SOUTH BLUE
DATE: 9/23/2014 REFERENCE NO.:C-27010 LOG NAME: MOUND ROAD
BRIDGE
CODE: C TYPE: NOW PUBLIC CONSENT HEARING:
NO
SUBJECT: Adopt Resolution Authorizing Execution of an Advance Funding Agreement with the
Texas Department of Transportation in the Amount of$1,178,720.00 for the
Reconstruction of the South Blue Mound Road Bridge and Proposing Waiver of the
Required City Participation of$117,872.00 to be Redirected for Rehabilitation of East 4th
Street Bridge Over the Trinity River(COUNCIL DISTRICTS 7 and 8)
RECOMMENDATION:
It is recommended that City Council adopt the attached resolution authorizing execution of an
Advance Funding Agreement with the Texas Department of Transportation for the construction of a
new bridge to replace South Blue Mound Road Bridge over Elizabeth Creek in the amount of
$1,178,720.00 and proposing waiver of the the required City participation of$117,872.00 to be
redirected for the rehabilitation of the East 4th Street Bridge over the Trinity River.
DISCUSSION:
The existing South Blue Mound Road Bridge (Bridge No. 18-061-Z000-40-001) over Elizabeth Creek
was built in 1921. Texas Department of Transportation's (TxDOT) structural evaluation for the bridge
determined that the bridge is structurally deficient and must be replaced.
This Agreement will provide funding for the construction of a new South Blue Mound Road Bridge to
replace the existing deficient bridge and approach roadways. The estimated cost for the new bridge
is $1,178,720.00. The City's cost share is 10 percent of the estimated total cost ($117,872.00).
Under the Equivalent-Match program initiated by the State(Texas Administrative Code, Title 43,
Section 15.55(d)), no direct payment by the City is required if the Local Government agrees to
perform structural improvements in at least an equal dollar amount to other deficient bridge(s) or
cross-drainage structure(s)within its jurisdiction. For this project, the City agrees to perform
structural improvement in the minimum amount of$117, 872.00 for the following load-restricted
bridge.
East 4th Street Bridge over Trinity River (Bridge No. 02-220-ZZ62-50-004).
The estimated cost for the rehabilitation of East 4th Street Bridge is $120,000.00. This project can be
funded from 2014 Bond Program in FY 2017- Bridges funds in the amount of$10 million that were
dedicated for the reconstruction and rehabilitation of deficient bridge structures. The City agrees to
complete this minor project within three years of the contract being let by the Texas Department of
Transportation for South Blue Mound Road Bridge project.
Under the terms of the funding Agreement, the City is responsible for 10 percent offset of the cost of
eligible work, plus 100 percent of costs that are deemed ineligible by TxDOT, including right-of-way
acquisition, utility relocation, environmental mitigation and any non-standard construction.
These projects are located in COUNCIL DISTRICTS 7 and 8.
httn://anns_cfwnet_org/council nacketlmc review_asn?in=20282&councildate=9/23/2014 3/27/2015
M&C Review Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds at this time.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Juan Cadena (7914)
ATTACHMENTS
E 4th St Bridge Location Map.pdf
Old Blue Mound Rd Bridge Location Map.pdf
Resolution - City of Fort Worth - 0918-46-274 - S Blue Mound(Fina19 17 14).docx
http://at)vs.cfwnet.oria/council nacket/mc review.asn?ID=20282&councildate=9/23/2014 3/27/2015