HomeMy WebLinkAboutContract 46602 ` CSJ #0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
CITY SECRETAW',I I D Project: East Long Av @ Little Fossil Creek
CWPACT NO. {�p10 NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
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 located
at East Long Avenue @ Little Fossil Creek, and these bridges are included in the currently
m approved off-state system federal-aid Highway Bridge Replacement and Rehabilitation Program
(HBRRP) as authorized by Texas Transportation Commission Minute Order Number 113885,
rn
dated May 15, 2014; and
m
aWHEREAS, 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
Bridge-Bridge_LPAFA RN&VIE f 'JAN Q 7 PCS Imo► MIWJRGL%RV
Bridge Division FT. WORTH, TX
CSJ #0902-48-894
District# 02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
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 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,
Bridge-Bridge_LPAFA Page 2 of 11 Revised 09/11/2014
Bridge Division
CSJ #0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
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.
13. Local Project Sources and Uses of Funds
A. A Project Cost Estimate is provided in Attachment D, Estimate of Direct Costs.
Bridge-Bridge__LPAFA Page 3 of 11 Revised 09/11/2014
Bridge Division
CSJ #0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
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 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. OFFICIAL RECORD
CITY SECRETARY
Bridge-Bridge LPAFA Page 4 of 11 Y
V1�'e�T /fV20 4
Bridge Division
CSJ #0902-48-894
District# 02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
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 ten percent (10%).
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.
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
Bridge-Bridge_LPAFA Page 5 of 11 Revised 09/11/2014
Bridge Division
CSJ #0902-48-894
District# 02-Fort Worth
Code Chart 64 # 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-01-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
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, 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.
OFFICIAL KLCCRD
Bridge-Bridge_LPAFA Page 6 of 11 Cl1P1eAC* AB 14
Bridge Division
FT.WORTH=TX
CSJ # 0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
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 h Street
Austin, Texas 78701
Local Government: Assistant Director of Transportation & Public Works
City of Fort Worth
5001 James Avenue, Suite 201
Fort Worth, Texas 76115
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.
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.
Bridge-Bridge_LPAFA Page 7 of 11 Revised 09/11/2014
Bridge Division
CSJ #0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
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 Govemment 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 Transportation (DOTY
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 ntation of this
program is a legal obligation and failure to carry out its%plakilve.Wed as a
CITY
` �T V 1
RY
Bridge-Bridge_LPAFA Page 8 of 11 11 014
Bridge Division
CSJ # 0902-48-894
District# 02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA# 20.205
Not Research and Development
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:
http://www.gpo. oq_v/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and
hftr)://www.q gov/fdsys/pkg/F R-2010-09-14/pdf/2010-22706.pdf
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
Bridge-Bridge_LPAFA Page 9 of 11 Revised 09/11/2014
Bridge Division
CSJ #0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure# 02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
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 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. The expenditure
threshold for fiscal years beginning prior to December 31, 2014 is $500,000; the
expenditure threshold for fiscal years beginning on or after December 31, 2014 is
$750,000.
C. If expenditures are less than the threshold 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 $ 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.
25. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTHS TX
Bridge-Bridge_LPAFA Page 10 of 11 Revised 09/11/2014
Bridge Division
CSJ #0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERN T
ATT T: �Q�F®��JCity of Fort Worth
4 - - A.. - y
City Secreta V$ 0 Fernando Costa
-1 Assistant City Manager
a
°o�000a0
A S
APPR VED S TO FORM AND LEG APPR AL RECOMMENDED
By By CJ, &J
Assistant City Attorney Douglas W. Wiersig, P.E.
`I%k G_ 2-4-661 Director Transportation and Public Works
y'Z3 -1-Y Date: 1 a bo jig
THE STATE OF TEXAS
-,"I la.
Gregg A. F , P.E.
Director, Bridge Division
Texas Department of Transportation
Date OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Bridge-Bridge_LPAFA Page 11 of 11 Revised 09/11/2014
Bridge Division
CSJ #0902-48-894
District# 02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT A
RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT
A Resolution
NO.4363-09-2014
AUTHORIZING EXECUTION OF AN ADVANCE FUNDING AGREEMENT
`67TH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE
REPLACEMENT OF THE LONG AVENGE BRIDGES AND PROPOSING
WAIVER OF THE CITY'S LOCAL. MATCH TO BE REDIRECTED TO THF
RECONSTRUCTION BY THE CITY OF THE TRENTMAN STREET BRIDGE
WHEREAS,the federal off-system bridge program is administered by the Texas Dcpartment 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 sy stem;and
WHF.RGAS, the City-of Fort Worth (the "Local Government'l. owns bridges located at East
Long A,6=uc at Little Fussil Creek, National Bridge Inventory hIBI) Structure Number 02-220-0-
ZL6745-003&02-220-0-61.67-85-004;and
WHER.LAS, a project to remedy the East Long Avenue Bridgcs is included in lbe currently
approved program of projects as authorized by Texas Transportation Commission Minute Order Number
113885 dated May 15.2014,ControlScction-lob(CSJ)Nun]ber 0902-48-894;and
RVIWREAS_ the usual fund participation ratio for projects on such program. is 80 percent
federal,10 percent stale and 10 percent local government;and
WITREAS.Texas Administrative Codc,Title 43,Section 15.55td)(43 TAC Section 15.55(d))
provideb that under specified conditions the 10 percent Local Government match fund participation
requirement may be waived with agecmcrtt 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 o` structural
improvement work being referred to as an"equivalent-match project-;and
Vi7iFREAS,the estimated local matching fiord participation requirement on the approved(Fast
Long Avenue Bridges project is$411,529.60(the"panicipation-vvadvcd amount );and
WHEREAS.the Local Government proposes to waive its participation requirement for the East
Long Avenue Bridges project and in return perfumed or cause to be performed equivalent-match project
structural improvement work asinb the particip tion-Hai%cJ amount.
0117 WO
Bridge-Bridge_LPAFA Page 1 of 2 Attachment A
Bridge Division
CSJ #0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 8t
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT A
Reaoiution No.4363-00-2014
NOW,THEREFORE:,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEAS:
That the City of Fort Worth shall perform,or cause w be performed,the following cqulvalcut-
match pmjcct(s)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 NBt on sennet. i i3 .S..IPTION QF i ESTIMATE-Pr-0U
identification n=bcr, it l BUS' ROUTE? STRUCTURAL
applicable) 1 IMPROVEN 11'.NT
t WORK
Trentmua Street ai � Yes Replace old structure S411,528.60
Tributary to Lake
Arlington I I
(V131!02-220-ZT76-01-0011
BE IT FURTHER RESOLVED that if this waiver is awarded. the Local Government
;acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d),such conditium
that include but are not restricted to the folk-vAng:
L The Local Government mist be currcutl) in compliance with load post"ng and closure
regulations as defined in National Bridge Inspection Standard.-under US Code of federal Regulations,
Title 23,See6on 650.303.
2, The equivalent-match project work incr.-ases.the load capacity of the existing bridge or other
mainlane cross-drainage structure,or upgrades the structure to its original toad capacity with a minimum
up&rade to safely carry school btu loading it located on a v pool buss route.
3. In performing, or caasing to be performed- the cgtuvalent-match prnjcettst, the Local
Go%ernrnent 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 cgtuvalent-match projects)has not begun and will not begin until
the local match fund participation w•aitier aprro"al process has been completed.
5. The Local Government will be alloved tree years after the contract award of the
participation-waived project to complete the structural improvement wort on the equivatcnt-match
pmjecKs)-
Should this waiver request be approved, an appropriate written agreement or
amendment to a previously executed agreement will bQe�xecuted between the State and
City of Fort worth. pow`am-N, �a
i�o°°000eoo�d
Adopted this 23rd o Oday of,5"mber.. 2014.
ATTES.
I r v Yh eDOppOe4
Viary J- t>>tfVeer,4ity ,ecretury b 5 a
x44
FbR
rWosr
Bridge-Bridge_LPAFA Page 2 of 2 Attachment A
Bridge Division
CSJ #0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long AV @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT B
PROJECT LOCATION MAP
330100` ZW334r 041- - -• _ s= CarrantCoeoh
-44003 z_-:
2B1440005 .- <\ - 21.6785063
ZB144000 , = i
-< _- city or
Fort Worth
ZM21 2 7.C6975 -
ZS8 62001 - -
ZC 97 ZM4258b0 - r - -
L 74 1:., 2002 Z 425$ 3
ZL6740002 MM 001 op - - - ` -
D48t„--
2E .1i785004
,ZL674000d3 1V 42580 -_
ZL67400 .. ' 0406
�0-2• 90100 r 674000 5003 - ,-_ - --
- _ 6 70001 _ 5
saoi ,r; - - sH,2 I
Ze `H 1200001-
�0Mt _ �0000t =zn�a5_ 440007
204500002 6
2050001 ' D667@0 '•' `»- ZM2595001 ZR0780001- _
zM <: 0001 zso a00 z1%1r - ZZ0075002
2[!34000 7 2. Lo T ZW29'0002 Zk0780wi
31)80042 r, u:°„i� - `4-- �ZW7 500ll3. 7A41Z0001
AF
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ZW45700A !!
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0004
ZRIA30001 50
Ut
GL's Mv3 a
7.vSsem° � ,�,1-. -• rr61:�, - =ZT24&100 -
East Long Av @ Little Fossil Creek locations
OFFICIAL RECORD
CITY SECRETARY
Bridge-Bridge_LPAFA Page 1 of 11 FT.WORTH,T�tt hment B
Bridge Division
CSJ#0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT B
DCCSS: 02-220-"ZL67-85-003 Date Printed: 09-stay-14
f.r,..r.'rr...f ...t.r: •.+M rx F..Y.•t1.+uad lila F.e.a(Y.eF
I
Bridge-Bridge LPAFA Page 2 of 11 Attachment B
Bridge Division
4 s �
ti-
c
r
!1
CSJ #0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 81
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT B
DCCSS: 02-220-ZL67-85-003 Date Printed: 09-May-14
ri tum CaKd. iaq Long A�F.3 kcut ne cm.-d: 1 IfUV FaW91 l'r"L
Bridge-Bridge_LPAFA Page 3 of 11 Attachment B
Bridge Division
CSJ #0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT B
DCCSS: 02-220-ZL67-85-003 tate Printed: 09-May-14
rdmRc� Eii7.ri,g5..r. .ln r�CvcCms+P1 IipysFy�7C.ek
LI
�r
i
Bridge-Bddge_LPAFA Page 4 of 11 Attachment B
Bridge Division
CSJ # 0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT B
DCCSS: 02-220-ZL67-85-004 Date Printed: 09-May-14
F.�aic('maul; EaN Lwµ:NsweK/ Fealrrt rt.fn1 Ltttlk F1.il l.'rirl
�l
a
1
i
Y
6 I
Bridge-Bridge_LPAFA Page 5 of 11 Attachment B
Bridge Division
CSJ #0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT B
DCC5S: 02-220-ZL67-85-004 Date Printed: 09-May-14
FarurCamed: F.t lax.New Na Fatoc CnmW I.ide Fe.UCreek
r
Bridge-Bridge_LPAFA Page 6 of 11 Attachment B
Bridge Division
CSJ #0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT B
DCCSS: 02-220-ZL67-85-004 Date Prinied: 09-May-14
rutt:e roniet iia Laq Ale NB 1-mtae t'�c..�; Lkne Nmil Crak
r
7-4 I
„l
Bridge-Bridge_LPAFA Page 7 of 11 Attachment B
Bridge Division
• CSJ #0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 81
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT B
ZOS440002
+ � MON
c.. i ZVSO t ZC17 1 ZS6481002 1
Z 1 1
� 2N62 OoOt � .
i
C:JY
'� ' _ D1x71S002
A-
ZM x2s001 2MIlx 1
ZN10S0001
Z►I780001 fff
3 1 Z52094001 1
p10_01
AA
Bridge-Bridge_LPAFA Page 8 of 11 Attachment B
Bridge Division
CSJ #0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT B
DCCSS: 02-220-ZT76-01-001 Datc Printed: 09-May-14
'yua CamW TrnNwSrrert ra we c"ts i Fdb."of ILL.Arigas ..
4
Approach->South TFB
Trentman Street @ Trib. of Lake Arlington
02- 201- 1-001 1 -48-2011
us.'>
a
Approach a North TFB
Trentman Street @ Trib. of Lake Arlington
02-220-ZT76-01-001 11-08-2011
Bridge-Bridge_LPAFA Page 9 of 11 Attachment B
Bridge Division
CSJ #0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT B
DCCSS: 02-220-Z7'76-01-001 Date Printed: 09-May-14
(-wW- TT—LL nUnM I A, 5iyo
7+
.L
y
Bridge Rail Repair NE Corner TFB
Trentman Street @,)Trib. of Lake Arlington
2 7& - k 11-08-2011
Bridge Rail Reps °IFB
Trentman Street @ Trib.of Lake Arlington
02-220-ZT76-01-001 11-08-2011
Bridge-Bridge_LPAFA Page 10 of 11 Attachment B
Bridge Division
CSJ #0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure#02-220-0-ZL67-85-003 8(
02-220-0-ZL67-85-004
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT B
DCCSS:02-220-Z'I'76-01-001 Date Printed: 09-stay-14
(o'.rc Cnu� (ir,i w+-roue Faaer('nainl: TrTuur�M(�r Arq�(r
Ar
4
Q2-220- T15-01-001 t:WM
Trentman SL over Trib.W lake Arlington 3/2/2010
superstn Q re and sure have been painted
d2- 0-�Tr7a-or-Oai CWM
Trentman SL over Trib.to Lake Arlington
Bridge Rail and Wingwails have been painted 3/12/201Q
Bridge-Bridge_LPAFA Page 11 of 11 Attachment B
Bridge Division
CSJ # 0902-48-894
District# 02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure# 02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
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 Route? Bridge? Structural or Safety Cost
applicable) Yes/No Yes/No Improvement Work
Trentman Street @ Trib. Yes - No Replace old structure $494,000.00
to Lake Arlington Fort Worth
NBI: 02-220-ZT76-01-001 ISD
Total $494,000.00
EMP work credited to this PWP* $411,528.60
Balance of EMP work available to associated PWPs N/A
Associated PWPs CSJs Amount to be Credited to Associated
PWPs
N/A N/A
*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 # 0902-48-894
District#02-Fort Worth
Code Chart 64# 15000
Project: East Long Av @ Little Fossil Creek
NBI Structure# 02-220-0-ZL67-85-003 &
02-220-0-ZL67-85-004
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) $ 510,543.00
Ten Percent (10%) or EDC Adjusted
Percent of PE for Local Government (3) $ 51,054.30
Participation
Construction $3,094,200.00
Engineering and Contingency (E&C) $ 510,543.00
The Sum of Construction and E&C (2) $3,604,743.00
Ten Percent (10%) or EDC Adjusted
Percent of the Sum of Construction and
E&C for Local Government Participation (4) $360,474.30
Amount of Advance Funds Paid by
Local Government * (5)
Amount of Advance Funds to be Paid by
Local Government * (6)
Balance of Local Government
Participation which is to be Waived
where the Project is a PWP (3+4-5-6) $411,528.60
Total Project Direct Cost (1+2) $4,115,286.00
*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. $411,528.60
Bridge-Bridge_LPAFA Page 1 of 1 Attachment D
Bridge Division
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/23/2014 - Resolution No 4363-09-201x'
DATE: Tuesday, September 23, 2014 REFERENCE NO.: C-27009
LOG NAME: 20AFA LONG AVENUE BRIDGE
SUBJECT:
Adopt Resolution Authorizing Execution of an Advance Funding Agreement with the Texas Department of
Transportation in the Amount of$4,115,286.00 for the Reconstruction of the East Long Avenue Bridge and
Proposing Waiver of the Required City Participation of$411,528.60 to be Redirected for the Reconstruction
of the Trentman Street Bridge (COUNCIL DISTRICTS 4 and 5)
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 east-bound and west-bound East Long Avenue Bridges over Little Fossil Creek in the amount of
$411,528.60 and proposing waiver of the required City participation of$411,528.60 to be redirected for the
reconstruction of the Trentman Street bridge over Tributary to Lake Arlington.
DISCUSSION:
The existing east bound East Long Avenue Bridge (Bridge No. 02-220-0-ZL67-85-003) and west bound
East Long Avenue Bridge (Bridge No. 02-220-0-ZL67-85-004) over Little Fossil Creek were built in
1980. Texas Department of Transportation's (TxDOT) structural evaluation for the bridge determined that
both bridges are structurally deficient and must be replaced.
This Agreement will provide funding for the construction of a new East Long Avenue Bridge to replace
east bound and west bound East Long Avenue Bridges and approach roadways. The estimated cost for
the new bridge is $411,528.60. The City's cost share is 10 percent of the estimated total cost
($411,528.60).
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 an equal dollar amount to other deficient bridge(s) or cross drainage structure within its
jurisdiction. For this project the City agrees to reconstruct in the minimum amount of$411,528.60 for the
minor, load-restricted bridge.
. Trentman Street Bridge over Tributary to Lake Arlington (Bridge No. 02-220-ZT76-01-001).
The estimated cost for the reconstruction of Trentman Street Bridge is $494,000.00. This project can be
funded from 2014 Bond Program in FY2017 - 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 project within three years of the contract being let by Texas Department of Transportation
for the East Long Avenue Bridge project.
Under the terms of the funding Agreement, the City is responsible for 10 percent offset of the cost of
Logname: 20AFA LONG AVENUE BRIDGE Pagel of 2
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 4 and 5.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds at this time.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Juan Cadena (7914)
ATTACHMENTS
1. BRG A3-E Lona Ave resolution(Final9 17 14).docx (Public)
2. Proi ct Location Map1 AFA.pdf (Public)
3. Project Location Map2 AFA.pdf (Public)
Logname: 20AFA LONG AVENUE BRIDGE Page 2 of 2