2018-043 Hwy 77 PropertyDate: April 13, 2018 Report No. 2018-043
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT: Highway 77 Property Presentation Follow-up
BACKGROUND:
Staff from Parks and Recreation presented a number of scenarios in which the 10.3 acres along Highway 77 could be sold for development purposes. During the presentation a number of
questions were asked and this ISR is providing a follow-up response.
1. If the property is sold and the trail needs to be moved, do we have to refund the TXDoT
grant?
According Exhibit A - Advance Funding Agreement (Page 16 – Section 10,
Project Maintenance highlighted in yellow), if the City decides to sell the
property, we would have to refund all grant funding.
Staff has reached out to TXDot for some additional information regarding the potential option of moving the trail and to get clarification if the entire grant had
to be refunded if a small portion of the trail was impacted. As of the time of this
report, this information was not available. A follow-up ISR will be provided to
City Council once information is received.
2. What are the current steps to move forward with construction of the North Lakes Dog
Park?
In 2016, City Council was informed that the dog park would be completed in 6-9
months. To date, the project has not started.
Parks and Recreation is in the process of getting a quote for the design of the dog
park. This would include a conceptual plan, opinion of probably cost and
construction drawings.
Once the above steps are finalized and funding for the project has clarified, we will move forward with bidding the project.
Staff is work diligently to get this project completed as soon as possible.
A separate ISR is included in the April 13, 2018, Friday Report to provide additional information on this project.
The proposed location of the two variations of parking lots are adjacent to the Linda McNatt
Animal Care and Adoption Center. This location is the same property that was discussed at the
City Council meeting on April 10, 2018, regarding the potential sale of 10.3 acres of frontage
property along Highway 77.
EXHIBITS A – Advanced Funding Agreement (2016)
Date: April 13, 2018 Report No. 2018-043
STAFF CONTACT: Gary Packan, Parks and Recreation, Director
940-349-7460
Gary.Packan@cityofdenton.com
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ: 0918-46-273; Fed#: STP 2014(105)TE
District#: 18-Dallas
Code Chart 64#: 11400
Project: Evers Park Bridge and Trail
Limits: From Windsor Drive to Riney Road
(NW Denton Trail Loop)
CFDA Title: Highway Planning and Construction
CFDA Number: 20.205
Federal Highway Administration
Not Research and Development
ADVANCE FUNDING AGREEMENT
AMENDMENT #1
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation,
called the State, and the City of Denton, acting by and through its duly authorized officials, called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on August 1, 20 14 to effectuate their agreement to
install 16,640 linear feet of 12-foot wide by 6-inch deep concrete trail and a 70-foot pedestrian bridge at the north-end of
Evers Parkway, the relocation and installation of a 82-foot truss historic bridge, the removal of 26,200 square feet of
existing 4-foot and 5-foot sidewalks and the installation of a Hawk Signal in Evers Park from Windsor Drive to Riney Road
in the City of Denton. The Project will link pedestrians and bicyclists with recreational and educational activities within the
community; and,
WHEREAS, the Local Government requested and the Administration of the Texas Department of Transportation
approved, (1) the reduction of the trail by 1 058 linear feet by rerouting the trail through public park land rather than onto a
section of Riney Road, and (2) the reduction in the awarded funding share participation as described in the Local
Government nomination form; and,
WHEREAS, it has become necessary to amend that contract to amend the scope of work, add updated federal and state
laws, rules and regulations, and replace the project budget page.
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the
State and the Local Government do agree as follows:
AGREEMENT
1. Description of Amended Items
A. Article 4. Scope of Work, Use of Project, and Project Location of the original contract is deleted in its entirety
and replaced with:
4. Scope of Work, Use of Project, and Project Location
The scope of work for the Project, which is shown in Attachment B-1, the Project Location Map, described in
the nomination form and as approved by the Texas Transportation Commission and the Administration of the
Texas Department of Transportation, consists of the installation of 13939 linear feet of 12-foot wide by 6-inch
deep concrete trail, 12041inear feet of a 1 0-foot wide by 6 inch deep concrete trail, a 58-foot pedestrian
bridge at the north-end of Evers Parkway; and a 70-foot pedestrian bridge west of Fallmeadow Street; the
removal of 24066 square feet of existing 4-foot and 5-foot sidewalks; and the installation of a Hawk Signal in
North Lakes Park from Nicosia Street across US 77 in the City of Denton. The Project will link pedestrians
and bicyclists with recreational and educational activities within the community.
B. Attachment B, Project Location Map, of the original contract is deleted in its entirety and replaced with:
Attachment B-1, Project Location Map, which is attached and made part of this Agreement.
C. Attachment C, Project Budget Estimate and Source of Funds, of the original contract is deleted in its entirety
and replaced with:
AFA-AFA_Amend Page 1 of 2 Revised 03/23/16
CSJ: 0918-46-273; Fed#: STP 2014{105)TE
District #: 18-Dallas
Code Chart 64#: 11400
Project: Evers Park Bridge and Trail
Limits: From Windsor Drive to Riney Road
(NW Denton Trail Loop)
CFDA Title: Highway Planning and Construction
CFDA Number: 20.205
Federal Highway Administration
Not Research and Development
Attachment C-1, Project Budget Estimate and Source of Funds, which is attached and made part
of this Agreement.
D. All references to OMB-87 "Cost Principles for State, Local and Indian Tribal Governments", and OMB-133 "Audit of
States, Local Governments and Non-Profit Organizations" shall be replaced and referenced as 2 CFR 200.
E. The following Articles in the original agreement are amended as follows:
Article 17-Insurance is amended to add the following:
17 -Insurance
For projects including buildings, Local Government agrees to insure the building according to the
Department specifications and further agrees to name the Federal Government as a "Loss
Payee" should the building be destroyed.
Article 21 -Federal Funding Accountability and Transparency Act Requirements is deleted in its entirety
and replaced with:
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://www .gpo. gov/ldsys/pl<g/FR-201 0-09-14/pdf/20 1 0-22705.pdf and
http://www.gpo.gov/fdsys/pkg/FR-201 0-09-14/pdf/201 0-22706.pdf.
B. The Local Government agrees that it shall:
1. Obtain and provide to State a System for Award Management ("SAM") number (Federal
Acquisition Regulation ("FAR") Subpart 4.11) if this award provides more than $25,000 in
Federal funding. The SAM number may be obtained by visiting the SAM website whose
address is https://www.sam.gov/portal/public/S8M/
2. Obtain and provide to 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 on-line registration website
http://f edgov .dnb. com/webforrn; and
3. Report the total compensation and names of its top five executives to State if:
i. More than 80 percent 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.
reporting to the U.S. Securities and Exchange Commission.
All other provisions of the original contract are unchanged and remain in full force and effect.
2. 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.
DENTON THE STATE OF TEXAS
By: ___ K~e-n_n_e-.th-S~t~e-w-a~rt---------------
Director of Contract Services
Texas Department of Transportation
Date: __ ____,b!:...--__.6....~.__· _'2.=-=:0-!.../....:::b_ Date:---------------------------
AFA-AFA Amend Page 2 of 2 -APPROVEDASTOFORM: Revised 03/23/16
CITY ATTORNEY
CITY OF DENTON, TEXA~ a~~·
IQR LAI<
Ar
S M
--
AFA-AFA_Amend
CSJ: 091847-273; Fed#: STP 2014(105)TE
District#: 18-Dallas
Code Chart 64#: 11400
Project: Evers Park Bridge and Trail
Limits: From Windsor Drive to Riney Road
(NW Denton Trail Loop)
CFDA Title: Highway Planning and Construction
CFDA Number: 20.205
Federal Highway Administration
Not Research and Development
ATTACHMENT B-1
PROJECT LOCATION MAP
\.C' I
.. -"
Page 1 of 1 Revised 03/23/16
CSJ: 0918-46-273; Fed#: STP 2014(105)TE
District #: 18-Dalfas
Code Chart 64#: 11400
Project: Evers Park Bridge and Trail
Limits: From Windsor Drive to Riney Road
(NW Denton Trail Loop)
CFDA Trtle: Highway Planning and Construction
CFDA Number: 20.205
Federal Highway Administration
Not Research and Development
ATTACHMENT C-1
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
OFF SYSTEM -TE Project Budget Estimate
LG Perfonns PE Work or Hires Consultant I Local Let Proiect to Construction C . .
Federal Participation
Description of Project Cost to be incurred: Total Estimated (80% or<) State Participation :: 0
Cost :: Max TE $1,298,958
Locals will retain their local match for those Authorized
services administered/contracted themselves. Amount % Cost % Cost
Planning. research, surveying, education for non-
~onstruction related projects $0 0% $0 0%
Utilities-by LG $ 0% $0 0%
Environmental Cost-by LG $0 0% $0 0%
fRight of Way-by LG $0 0% $C 0%
~ubtotal by Local Government $ $0
lfxDOT Administrative Cost Incurred -PE: rrxDOT's ADM Cost is based on 15% of the overall Nomination's budget estimate
lfxDOT -PE Phase-Direct State Cost reviews,
learances, admin., coordination, etc. $121,77 80% $97,422 0%
TxDOT Administrative Cost Incurred -CE: Remaining % of TxDOT ADM Cost based on current Budget Estimate at letting
TxDOT -Construction Phase-Direct State Costs-
oversight, inspection, site visits, etc. $121.777 80% $97,42 0%
Direct Project Construction COST !Locals retain their local participation below to apply to 1 roject cost directly
Construction Contract-work bid items, letting
fees. clearances, pcnnits, etc. ,CE $1,380,143 80% $1,104,11~ 0%
Other Associated Construction Cost $0 0% $( 0%
Subtotal Construction $1,501,920 80% $1.201,536 0%
TOTAL $1,623,697 $1,298,958
Local Participation
(20% or greater)
% Cost
$C 100% so
$C 100% s
$C 100% so
sc 100% sc
$0 $
I*Due within 30 days
$ 20% *$24,355
**Due 60 days prior
$0 20% **$24,35~
$0 20% 5276,02~
$0 0% $0
0 20% $300,384
$0 $324,73
The Estimated Total Participation by the Local Government is $324,739 , plus 100% of overruns. Payment of the Local's share of TxDOT's ADM PE Cost to be incurred is $24.355 due
within 30 days from execution of the AFA contract. Payment of the Local's share of TxDOT's ADM Cost ror Construction to be incurred is~ due 60 days prior to the Construction
contract being advertised for bids. This is an estimate. The eligible percent of required local match as stated in the nomination is 20% or greater. The fmal amount or Local Government
participation will be based on actual costs and values. The Maximum TE federal funds available for the project are $1,298.958.
AFA-LPAFA_TE Page 1 of 1 Attachment C
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ: 0918-46-273; Fed#: STP 2014(105)TE
District#: 18-Dallas
Code Chart 64#: 11400
PrQject: Evers Park Bridge and Trail .
Limits: From Windsor Drive to Riney Road
(NW Denton Trail Loop)
CFDA Title: Highway Planning and Construction
CFDA Number: 20.205
Federal Highway Administration
Not Research' and Development
ADVANCE FUNDING AGREEMENT
AMENDMENT #1
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation,
called the State, and the Cltv of Denton, acting by and through its duly authorized officials, called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on August 1. 2014 to effectuate their agreement to
install16,640 linear feet of 12-foot wide by 6-inch deep concrete trail and a 70-foot pedestrian bridge at the north-end of
Evers Parkway, the relocation and installation of a 82-foot truss historic bridge, the removal of 26,200 square teet of
existing 4-foot and 5-foot sidewalks and the installation of a Hawk Signal in Evers Park from Windsor Drive to Riney Road
in the City of Denton. The Project will link pedestrians and bicyclists with recreational and educational activities within the
community; and,
WHEREAS, the Local Government requested and the Administration of the Texas Department of Transportation
approved, (1) the reduction of the trail by 1058 linear feet by rerouting the trail through public park land rather than onto a
section of Riney Road, and (2) the reduction in the awarded funding share participation as described in the Local
Government nomination form ; and,
WHEREAS, it has become necessary to amend that contract to amend the scope of work, add updated federal and state
laws, rules and regulations, and replace the project budget page.
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the
State and the Local Government do agree as follows:
AGREEMENT
1. Description of Amended Items
A. Article 4. Scope of Work, Use of Project, and Project Location of the original contract is deleted in its entirety
and replaced with:
4. Scope of Work, Use of Project, and Project Location
The scope of work for the Project, which is shown in Attachment 8-1, the Project location Map, described in
the nomination form and as approved by the Texas Transportation Commission and the Administration of the
Texas Department of Transportation, consists of the installation of 13939 linear feet of 12-foot wide by 6-inch
deep concrete trail, 1204 linear feet of a 1 0-foot wide by 6 inch deep concrete trail, a 58-foot pedestrian
bridge at the north-end of Evers Parkway; and a 70-foot pedestrian bridge west of Fallmeadow Street; the
removal of 24066 square feet of existing 4-foot and 5-foot sidewalks; and the installation of a Hawk Signal in
North Lakes Park from Nicosia Street across US 77 in the City of Denton. The Project will link pedestrians
and bicyclists with recreational and educational activities within the community.
B. Attachment B, Project Location Map, of the original contract is deleted in its entirety and replaced with:
Attachment 8·1, Project Location Map, which is attached and made part of this Agreement.
C. Attachment C, Project Budget Estimate and Source of Funds, of the original contract is deleted in its entirety
and replaced with:
AFA-AFA_Amend Page 1 of 2 Revised 03/23/16
CSJ: 0918-46-273; Fed#: STP 2014(105)TE
District#: 18-Dallas
Code Chart 64#: 11400
. Project: Evers Park Bridge and Trail
Limits: From Windsor Drive to Riney Road
(NW Denton Trail Loop)
CFDA Title: Highway Planning and Construction
CFDA Number: 20.205
Federal Highway Administration
Not Research and Development
Attachment C-1, Project Budget Estimate and Source of Funds, which is attached and made part
of this Agreement.
D. All references to OMB-87 "Cost Principles for State, Local and Indian Tribal Governments", and OMB-133 "Audit of
States, Local Governments and Non-Profit Organizations" shall be replaced and referenced as 2 CFR 200.
E. The following Articles in the original agreement are amended as follows:
Article 17 -Insurance is amended to add the following:
17 -Insurance
For projects including buildings, Local Government agrees to insure the building according to the
Department specifications and further agrees to name the Federal Government as a "Loss
Payee" should the building be destroyed.
Article 21 -Federal Funding Accountability and Transparency Act Requirements is deleted in its entirety
and replaced with:
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://www.qpo.gov/fdsys/pkg/FR-201 O-b9-14/pdl/201 0-22705.pdf and
http://www.gpo.gov/fdsys/pkg/FR-201 0.-09-14/odf/20 1 0-22706.pdf.
B. The Local Government agrees that it shall:
1. Obtain and provide to State a System for Award Management ("SAM") number (Federal
Acquisition Regulation ("FAR") Subpart 4.11) if this award provides more than $25,000 in
Federal funding. The SAM number may be obtained by visiting the SAM website whose
address is https://www.sam.gov/portal/public/SAM/
2. Obtain and provide to 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 on-line registration website
http://fedgov.dnb.com/webform; and
3. Report the total compensation and names of its top five executives to State If:
i. More than 80 percent 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.
reporting to the U.S. Securities and Exchange Commission.
All other provisions of the original contract are unchanged and remain in full force and effect.
2. 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.
Date: ----'~I.L-----10.1&'---1...-=---"0~J____.b~--
AFA-AFA Amend Page 2 of 2 -APPROVED AS TO FORM:
CITY ATTORNEY
THE STATE OF TEXAS
By: __ ~--~~---------------Kenneth Stewart
Director of Contract Services
Texas Department of Transportation
Date:--------------
Revised 03/23/16
CITY. OF DENTON, TEXA~ B~~ .
AFA-AFA_Amend
288
CSJ: 0918-47-273; Fed#: STP 2014(105)TE
District#: 18-Dallas
Code Chart 64#: 11400
Project: Evers Park Bridge and Trail
Limits: From Windsor Drive to Riney Road
(NW Denton Trail Loop)
CFDA Title: Highway Pl~nning and Construction
CFDA Number: 20.205
Federal Highway Administration
Not Research and Development
ATTACHMENT B-1
PROJECT LOCATION MAP
iHNEY ROAD . T ,_,_,_.----~---. ·.
1 '
\ NOR 7H LAK£
PARK
1 I .L SEGM
;,"J,.~
.. ..:,...J ...
Page 1 of 1 Revised 03/23/16
CSJ: 0918-46-273; Fed#: STP 2014(105)TE
District #: 18-Dallas
Code Chart 64#: 11400
Project: Evers Park Bridge and Trail
Limits: From Windsor Drive to Riney Road
(NW Denton Trail Loop)
CFDA Trtle: Highway Planning and Construction
CFDA Number: 20.205
Federal Highway Administration
Not Research and Development
ATTACHMENT C-1
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
OFF SYSTEM -TE Project Budget Estimate
LG Perfonns PE Work or Hires Consultant I Local Let Proiect to Construction Cont
loescription of Project Cost to be incurred:
Federal Participation
Total Estimated (80% or<) State Participation "' 0
Cost"' Max TE $1,298,958
!Locals will retain their local match for those Authorized
~ervices administered/contracted themselves. Amount % Cost % Cost
tl>!anning, research, surveying, education for non-
onstruction related projects $C 0% $C 0%
!Utilities-by LG $C 0% $ 0%
Environmental Cost-by LG $C 0% $C 0%
Right of Way-by LG $C 0% $C 0%
~ubtotal by Local Government $U $
frxDOT Administrative Cost Incurred -PE: TxDOT's ADM Cost is based on 15% of the overall Nomination's budget estimate
frxDOT-PE Phase-Direct State Cost reviews,
learances, admin., coordination, etc. $121,777 80% $97,42 0%
rrxDOT Administrative Cost Incurred -CE: !Remaining % of TxDOT ADM Cost based on current Budget Estimate at letting
frxDOT -Construction Phase-Direct State Cost~~
!oversight, inspection, site visits, etc. $121,777 80% $97,42 0%
!Direct Project Construction COST !Locals retain their local participation below to apply to project cost directly
!Construction Contract-work bid items, letting
fees, clearances, permits, etc. ,CE $1,380,143 80% $1,104,114 0%
Orher Associated Consrruction Cos! $C 0% $C 0%
!Subtotal Construction $1,501,92(] 80% $1,201,536 0%
FfOTAL $1,623,697 $1,298,958
Local Participation
(20% or greater)
% Cost
$( 100% sc
$c 100% sc
$( 100% sc
$( 100% $(
$0 $C
I*Due within 30 days
$0 20% *$24,355
"'*Due 60 days prior
$0 20% "'*$24,355
$( 20% $276,029
$( 0% $C
0 20% $300,38.:1
$( $324,739 .
The Estimated Total Participation by the Local Government is $324.739 , plus 100% of overruns. Payment of the Local's share of TxDOT's ADM PE Cost to be incurred is $24,355 due
within 30 days from execution of the AFA contract. Payment of the Local's share of TxDOT's ADM Cost for Construction to be incurred is~ due 60 days prior to the Construction
contract being advertised for bids. This is an estimate. The eligible percent of required local match as stated in the nomination is 20% or greater. The fmal amount of Local Government
participation will be based on actual costs and values. The Maximum TE federal funds available for the project are $1,298,958.
AFA-LPAFA_TE Page 1 of 1 Attachment C
Texas Department of Transportation
4777 US Highway 80 East I Mesqu ite , Texas '75150-66431 (214) 320 6100
Mr. Jim Mays
Super1ntendent of Planning and Construction
Denton Parks and Recreation Department
City of Denton
215 Ea~ McKinney
Denton, Texas 75201
August 05, 2014
RE: CSJ: 0918-46-273 Fed.#: STP 2014(105) TE
Project: Evers Park Bridge and Trail
Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop)
Off System
Dear Mr. Mays:
Enclosed, for your use, is a fully executed original of the above-mentioned Advance Funding
Agreement between the Texas Department of Transportation and the City of Denton for
transportation enhancement improvements.
As outlined in the Agreement, please remit a check or warrant in the amount of $21,874.00
payable to the Texas Department of Transportation Trust Fund for the City's contribution
towards the project's review cost upon receipt of this letter.
Please note that the project must be let by August 31. 2016 as stipulated in the original
contract or the contract may be terminated.
If you have any project-related questions, please contact Nancy Cline, P.E., Denton County
Area Engineer, at 940-387-1414. On contract-related questions, please contact Polita
Flemming at 214-320-4424.
Enclosure
;?~5---~
Moosa Saghian, P.E.
Director
Transportation Planning and Development
CC: Maher Ghanayem, P.E., Project Delivery Office
Project File
OUR GOALS
Mli.INTil.!IIJ II. ~II.~~ ~V~T~M • onnRF~~ ~ni\Jr.FC:TIOIIJ • r.nNNFr.TTF)(I!.c:; l":nMMIINITIF.c:; • RF.c;T IN r.ll!..c;S STI!.TF AI1FNr.V
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE
District#: 18-Dallas
Code Chart 64 #: 11400
Project: Evers Park Bridge and Trail
Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop)
Federal Highway Administration CFDA #: 20.205
Not Research and Development
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For a Transportation Enhancement (TE) 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", and
the City of Denton, 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, the Local Government prepared and submitted to the State a nomination form for
consideration under the Transportation Enhancement Program for the project which is briefly
described as the Evers Park Bridge and Trail Project-a bicycle and pedestrian facility in the City
of Denton, called the Project; and
WHEREAS, the Texas Transportation Commission (the Commission) passed Minute Order
Number .1j3642 dated JL:ily 25, 2013 awarding funding for projects in the 2012 Program Call of
the Transportation Enhancement Program, including the Project; and
WHEREAS, the rules and procedures for the selection and administration of the Transportation
Enhancement Program are established in 43 TAC Sections 11.200 et seq .; and
WHEREAS, the governing body
by resolution or ordinance dated
this LPAFA as Attachment A;
the Local Government has approved entering into this LPAFA
l · I , which is attached to and made a part of
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as hereinafter
set forth, it is agreed as follows:
AGREEIIJ!ENT
1. Period of the Agreement
ThE) period of this LPAFA is as stated in the Master Agreement, without exception.
CSJ #: 09"18-46-273 Fed.#: STP 2014("105)TE
District#: 18-Dal\as
Code Chart 64 #: 11400
Project: Evers Park Bridge and Trail
Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop)
Federal Highway Administration CFDA #: 20 .205
Not Research and Development
2. Termination of this LPAFA
The termination of this LPAFA shall extinguish all rights, duties, obligations, and liabilities of
the State under this LPAFA. This LPAFA shall be terminated under the conditions as stated
in the Master Agreement or for the conditions, and in the manner, described in this LPAFA.
A. If the potential termination of the LPAFA is due to the failure of the Local Government to
fulfill its contractual obligations, the State will notify the Local Government that possible
breach of contract has occurred. The Local Government should make every effort to
remedy the breach within a period mutually agreed upon by both parties.
B. If the Local Government withdraws from the Project after the LPAFA is executed, it shall
be responsible for all direct and indirect Project costs as identified by the State's cost
accounting system.
C. A Project may be eliminated from the program as outlined below. If the Project is
eliminated for any of these reasons, this LPAFA will be appropriately terminated. A project
may be eliminated from the program if:
1. The Local Government fails to satisfy any requirements of the program rules cited as
43 TAC §11 .200 et seq.
2. The implementation of the Project would involve significant deviation from the activities
as proposed in the nomination form.
3. The Local Government withdraws from participation in the Project.
4. This is a construction project and construction has not let by August 31. 2016.
5. This is not a construction project and project activities have not been completed by
____ ,20_.
6. The State determines that federal funding may be lost due to the Project not being
implemented and completed.
7. Funds are not appropriated, in which case this LPAFA shall be terminated immediately
with no liability to either party. Payment under this LPAFA beyond the current fiscal
biennium is subject to availability of appropriated funds .
8. The Local Government fails to attend progress meetings at least twice yearly, as
scheduled by the State.
3. Amendments
Amendments of this LPAFA shall be made as described in the Master Agreement, without
exception.
4. Scope of Work, Use of Project, and Project Location
The scope of work for the Project, which is shown in Attachment B, the Project Location Map,
described in the nomination form and as approved by the Texas Transportation Commission,
. consists of the installation of 16,640 linear feet of 12-foot wide by 6-inch deep concrete trail and a
70-foot pedestrian bridge at the north-end of Evers Parkway, the relocation and installation of a
82-foot truss historic bridge, the removal of 26,200 square feet of existing 4-foot and 5-foot
sidewalks and the installation of a Hawk Signal in Evers Park from Windsor Drive to Riney Road
in the City of Denton. The Project will link pedestrians and bicyclists with recreational and
educational activities within the community.
CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE
District#: 18-Dallas
Code Chart 64 #: 11400
Project: Evers Park Bridge and Trail
Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop)
Federal Highway Administration CFDA #: 20.205
Not Research and Development
Any project changes proposed must be submitted in writing by the Local Government to the
State. Changes may also require an amendment to the LPAFA and the approval of the Federal
Highway Administration (FHWA), the State, or the Commission. Any changes undertaken
without written approval and agreement amendment may jeopardize not only the federal funding
for the changes, but the federal funding of the entire Project.
5. Right of Way and Real Property Acquisition
Right of way and real property acquisition shall be the responsibility of the Local Government,
as stated in the Master Agreement unless otherwise provided below:
A. Right of way and real property acquisition shall be the responsibility of the Local
Government. Title to right of way and other related real property must be acceptable to the
State before funds may be expended for the improvement of the right of way or real
property. If the Local Government is the owner of any part of the Project site under this
LPAFA, the Local Government shall permit the State or its authorized representative
access to occupy the site to perform all activities required to execute the work.
B. The Local Government will comply with and assume the costs for compliance with all the
requirements of Title II and Title Ill of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including
those provisions relating to incidental expenses incurred by the property owners in
conveying the real property to the Local Government, and benefits applicable to the
relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation
to support such compliance must be maintained and made available to the State and its
representatives for review and inspection .
C. The Local Government shall assume all costs and perform all work necessary to obtain
needed evidence of title or right of use in the name of the Local Government to the real
property required for development of the Project. The evidence of title or rights shall be
acceptable to the State, and be free and clear of all encroachments. The Local
Government shall secure and provide easements and any needed rights of entry over any
other land needed to develop the Project according to the approved Project plans. The
Local Government shall be responsible for securing any additional real property required
for completion of the Project.
D. The State will not reimburse the Local Government for any real property acquired before
execution of this LPAFA and before federal spending authority is approved.
E. The Local Government shall prepare real property maps, property descriptions, and other
data as needed to properly describe the real property and submit them to the State for
approval prior to the Local Government acquiring the real property. Tracings of the maps
shall be retained by the Local Government for a permanent record .
F. The Local Government agrees to make a determination of property values for each real
property parcel to be purchased with federal funds by methods acceptable to the State
and to submit to the State a tabulation of the values so determined, signed by the
appropriate Local Government representative. The tabulations shall list the parcel
numbers, ownership, acreage, and recommended compensation. This tabulation shall be
accompanied by an explanation to support the determined values, together with a copy of
• • • I II _I -r-, .... -~---:-... 0 ·-... -1
CSJ #: 0918-46-273 Fed.#: STP 2014(1 05)TE
District#: 18-Dallas
Code Chart 64 #: 11400
Project: Evers Park Bridge and Trail
Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop)
Federal Highway Administration CFDA #: 20.205
Not Research and Development
by the Local Government in performing this work may be eligible for reimbursement after
the Local Government has received written authorization by the State to proceed with
determination of real property values. The State will review the data submitted and will
base its reimbursement for parcel acquisitions on these in determining the fair market
value.
G. Condemnation shall not be used to acquire real property for this enhancement Project.
H. Reimbursement for real property costs will be made to the Local Government for real
property purchased in an amount not to exceed eighty percent (80%) of the cost of the real
property purchased in accordance with the terms and provisions of this LPAFA.
Reimbursement will be in an amount not to exceed eighty percent (80%) of the State's
predetermined fair market value of each parcel, or the net cost of .each parcel, whichever
is less. In addition, reimbursement will be made to the Local Government for necessary
payments to appraisers for expenses incurred in order to assure good title. Any costs
associated with the relocation of displaced persons and personal property, as well as
incidental expenses incurred in acquiring property to implement a TE project, will be the
responsibility of the Local Government and current property owner at no cost to the State.
I. If the Project requires the use of real property to which the Local Government will not hold
title, a separate agreement between the owners of the real property and the Local
Government must be executed prior to execution of this LPAFA. The separate agreement
must establish that the Project will be dedicated for public use for a period of time
commensurate with the federal investment, but not less than 10 (ten) years after
completion. The separate agreement must define the responsibilities of the parties as to
the use of the real property and operation and maintenance of the Project after
completion. The separate agreement must be approved by the State prior to its execution.
A copy of the executed separate agreement shall be provided to the State.
J. The Local Government agrees to execute individually or produce a legal document as
necessary to provide for the Project's continued use from the date of completion, and
agrees to cause the same to be recorded in the land records of the appropriate
jurisdiction.
K. Local governments receiving federal funds must retain an inventory of funded items and
monitor projects in accordance with 23 CFR 710 and 49 CFR 18, and with the procedures
provided in the State's Local Government Project Procedures manual.
The Local Government agrees to monitor the Project to ensure: (1) continued use of the
property for approved activities, and (2) the repayment of the federal funds, as
appropriate.
1. The Local Government agrees to the review of their Project accounts and site visits by
the State during the development of the Project at any time;
2. Upon Project completion, the State will continue to perform periodic visits to confirm
the Project's continued use and upkeep.
L. Forty five (45) days prior to any construction contract let date, the Local Government shall
provide a certification to the State that all real property has been acquired.
6. Utilities
CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE
District #: 18-Dallas
Code Chart 64 #: 11400
Project: Evers Park Bridge and Trail
Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop)
Federal Highway Administration CFDA #: 20.205
Not Research and Development
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, unless specified in the Transportation Enhancement
Nomination form and approved by the State. 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 begins.
7. Environmental Assessment and Mitigation
A. Environmental assessment and mitigation will be carried out as stated in the Master
Agreement, unless otherwise specified in the Transportation Enhancement Nomination
form and approved by the State. These costs will not be reimbursed or credited towards
the Local Government's financial share of the Project unless specified in the nominating
form and approved by the State.
B. Forty five (45) days prior to any construction contract let date, the Local Government shall
provide a certification to the State that all environmental problems have been remediated.
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. Architectural and Engineering Services
Architectural and engineering services will be provided by the Local Government.
Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA)
will be as stated in the Master Agreement. In procuring professional services, the parties to
this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the Project
is federally funded and the Local Government will be seeking reimbursement for these
services; and with Texas Government Code 2254, Subchapter A, in all cases. Professional
services contracts for federally funded projects must conform to federal requirements.
A. The architectural contract documents shall be developed in accordance with the standards
of the American Institute of Architects, the U.S. Secretary of the Interior's Standards for
Historic Preservation Projects, Standards and Guidelines for Archeology and Historic
Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and
Registering Historical Archeological Sites and in consultation with the State Historic
Preservation Officer, as applicable. The engineering plans shall be developed in
accordance with the State's applicable Standard Specifications tor Construction and
Maintenance of Highways, Streets and Bridges and the two American Association of State
Highway Transportation Officials' (AASHTO) publications, "A Policy on Geometric Design
of Highways and Streets" and "Guide for the Development of Bicycle Facilities," as
.::mnlir.:=~hiP All r.nntr;:Jr.t nrnr.llrP.mP.nt nmr.P.rlures and documents must adhere to the
CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE
District#: 18-Dallas
Code Chart 64 #: 11400
Project: Evers Park Bridge and Trail
Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop)
Federal Highway Administration CFDA #: 20.205
Not Research and Development
applicable requirements established in the Standard Specifications for Construction and
Maintenance of Highways, Streets and Bridges. The use of other systems of specifications
shall be approved by the State in writing in advance.
B. When architectural and engineering services are provided by or through the Local
Government, the Local Government shall submit any plans it has completed to the State
for review and approval. The Local Government may also submit the plans to the State for
review anytime prior to completion. The Local Government shall make the necessary
revisions determined by the State. The Local Government will not let the construction
contract until all required plans have received State approval.
C. When architectural and engineering services are provided by or through the State, then
the following applies:
The State is responsible for the delivery and performance of any required architectural or
preliminary engineering work. The Local Government may review and comment on the
work as required to accomplish the Project purposes. The State will cooperate fully with
the Local Government in accomplishing these Project purposes to the degree permitted by
state and federal law.
9. Construction Responsibilities
A. The Local Government shall advertise for construction bids, issue bid proposals, receive
and tabulate the bids, and award and administer the contract for construction of the
Project. Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders that may become necessary subsequent to the
award of the construction contract. In order to ensure federal funding eligibility, projects
must be authorized by the State prior to advertising for construction.
B. All contract letting and award procedures must be approved by the State prior to letting
and award of the construction contract, whether the construction contract is awarded by
the State or by the Local Government.
C. All contract change order review and approval procedures must be approved by the State
prior to start of construction.
D. Upon completion of the Project, the party constructing the project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
E. For federally funded contracts, the parties to this LPAFA will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR
Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding
documents. If force account work will be performed, a finding of cost effectiveness shall
be made in compliance with 23 CFR Part 635, Subpart B.
F. Any field changes, supplemental agreements, or revisions to the design plans that may
occur after the construction contract is awarded will be mutually agreed to by the State
and the Local Government prior to authorizing the contractor to perform the work. Prior to
completion of the Project, the party responsible for construction will notify the other party
to this LPAFA of the anticipated completion date. All parties will be afforded the
opportunity to assist in the final review of the construction services performed by the
10. Project Maintenance
CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE
District#: 18-Dallas
Code Chart 64 #: 11400
Project: Evers Park Bridge and Trail
Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop)
Federal Highway Administration CFDA #: 20.205
Not Research and Development
A. Upon completion of the Project the Local Government will be responsible for maintaining
·the completed facility for public use. The property shall be maintained and operated for
the purpose for which it was approved and funded for a period of time commensurate with
the federal investment or State rules, whichever is greater. Should the Local Government
at any time after Project completion decide it can no longer maintain and operate the
Project for its intended purpose, the Local Government shall return the federal funds in
accordance with CFR federal recapture requirements. Should the Local Government
consider conveying the property, the State and FHWA must be notified prior to the sale,
transfer, or disposal of any property that received federal funds. Written concurrence of
approval for the transaction detailing any required recapture must be obtained from FHWA
prior to the transaction. Advance notice from the Local Government of their intended
action must be submitted to the State for an FHWA review a minimum of sixty (60) days
prior to any action being taken by the Local Government. The Local Government shall be
held responsible for reimbursement of all federal funds used or a portion of those funds
based on a pro-rata amount, considering the original percentage of federal funds provided
and the time elapsed from the Project completion date. This same percentage of
reimbursement also applies to any amount of profit that may be derived from the
conveyance of the property, as applicable.
B. Any manufacturer warranties extended to the Local Government as a result of the Project-
shall remain in the name of the Local Government. The State shall not be responsible for
honoring any warranties under this LPAFA.
C. Should the Local Government derive any income from the development and operation of
the Project, a portion of the proceeds sufficient for the maintenance and upkeep of the
property, shall be set aside for future maintenance. A project income report shall be
submitted to the State on a quarterly basis. Monies set aside according to this provision
shall be expended using accounting procedures established under OMB-133 and with the
property management standards established in Title 49 CFR §18.32.
D. Should any historic properties be included in or affected by this federally funded Project,
the historic integrity of the property and any contributing features must continue to be
preserved regardless of any approved changes that may occur throughout the life of the
Project.
11. Local Project Sources and Uses of Funds
A. A Project Budget Estimate is provided in Attachment C, showing the total estimated
development cost of the Project. This estimate shows the itemized cost of real property,
utilities, environmental assessments and remediation, construction, and any other
substantial items of cost. To be eligible for reimbursement, costs must have been
included in the itemized budget section of the nomination form approved by the Texas
Transportation Commission. 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
hoon "hlin~t<=>n tho ~btl'> will c:,:>nrl tn thl'> I nr.;:1l r,mtPrnmPnt ~ r.nnv nf thP. fnrm::il
CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE
District#: 18-Dallas
Code Chart 64 #: 11400
Project: Evers Park Bridge and Trail
Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop)
Federal Highway Administration CFDA #: 20.205
Not Research and Development
documentation showing the obligation of funds including federal award information. The
Local Government is responsible for 100% 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 LPAFA for which reimbursement
will be provided by or through the State, the Local Government must complete training in
Local Government Procedures Qualification for the Texas Department of Transportation
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 budget provided in the project nomination form
is included as Attachment C. Attachment C shows the percentage and estimated dollar
amounts to be contributed to the Project by state and local sources, as well as the
maximum amount in federal Transportation Enhancement Funds assigned by the
Commission to the project. The parties agree that this agreement may be amended from
time to time as required to meet the funding commitments based on revisions to the
Transportation Improvement Program, FPAA, or other federal document.
D. The Local Government will be responsible for all non-federal participation costs associated
with the Project, including any overruns in excess of the Project cost estimate and any
operating or maintenance expenses.
E. The State will be responsible for securing the federal share of funding required for the
development and construction of the Project, in an amount not to exceed eighty percent
(80%) of the actual cost of the work up to the amount of funds approved for the Project by
the Texas Transportation Commission. Federal funds will be reimbursed on a cost basis.
Project costs incurred prior to Project selection by the Texas Transportation Commission
and approval by the State to proceed are not eligible for reimbursement.
F. Following execution of this LPAFA, but prior to the performance of any review work by the
State, the Local Government will pay to the State the amount sufficient to cover the
estimated cost for the State's review. The Local Government shall advance to the State
!w.enty: percent (20%) of the State's administrative and associated cost for review of the
plans, specifications, and estimate. The Local Government must also advance to the
State zero percent (0%) of the Project's estimated preliminary engineering cost, if the
State is administering the architectural or engineering contract. The estimated amount of
this advance for this Project's preliminary engineering is $21 ,874 in cash. At least sixty
(60) days prior to the date set for receipt of the construction bids, the Local Government
must advance to the State twenty: percent (20%) of the State's administrative and
associated costs for letting and construction. The Local Government shall also remit its
remaining financial share for the Project's estimated construction and construction
CSJ #: 0918-46-273 Fed. #: STP 2014(1 OS)TE
District#: 18-Dallas
Code Chart 64 #: 11400
Project: Evers Park Bridge and Trail
Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop)
Federal Highway Administration CFDA #: 20.205
Not Research and Development
engineering costs if the State is letting the project. The amount to be advanced for this
Project's Construction is estimated to be _ru.J...87 4 in cash .
G. In the event the State determines that additional funding is required by the Local
Government at any time during the development of the Project, the State will notify the
Local Government in writing. The Local Government is responsible for !wenty percent
(20%) of the authorized Project cost and one hundred percent (1 00%) of any overruns
above the federally authorized amount. The Local Government will 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 by the State to the 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. If, after final Project accounting, excess funds remain in the
escrow account, those funds may be applied by the State to the Local Government's
contractual obligations to the State under another advance funding agreement with
approval by appropriate personnel of the Local Government.
J. In the event the Project is not completed, the State may seek reimbursement from the
Local Government of the expended federal funds. The Local Government will remit the
required funds to the State within sixty (60) days from receipt of the State's notification.
K. 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 re-plats, 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.
L. The state auditor may conduct an audit or investigation of any entity receiving funds from
the State directly under this LPAFA or indirectly through a contract or subcontract under
this LPAFA. Acceptance of funds directly under this LPAFA or indirectly through a
contract or subcontract under this LPAFA 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.
M. The State will not pay interest on any funds provided by the Local Government.
N. The State will not execute the contract for the construction of the Project until the required
funding has been made available by the Local Government in accordance with this
LPAFA.
CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE
District#: 18-Dallas
Code Chart 64 #: 11400
Project: Evers Park Bridge and Trail
Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop)
Federal Highway Administration CFDA #: 20.205
Not Research and Development
0. 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.
12. Inspection of Books and Records
The parties to this LPAFA shall maintain all books, documents, papers, accounting records,
and other documentation relating to costs incurred under this LPAFA and shall make such
materials available to the State, the Local Government, and, if federally funded, the Federal
Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly
authorized representatives for review and inspection at its office during the agreement period
and for four (4) years from the date of completion of work defined under this LPAFA or until
any impending litigation, or claims are resolved . Additionally, the State, the Local
Government, and the FHWA and their duly authorized representatives shall have access to all
the governmental records that are directly applicable to this LPAFA for the purpose of making
audits, examinations, excerpts, and transcriptions.
13. 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.
14. 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.
15. 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 format. If requested by the State, the Local Government will use the State's
document template. The Local Government shall also provide a detailed construction time
estimate including types of activities and month in which the activity will be completed 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.
16. Incorporation
The Master Agreement is incorporated into this LPAFA as if fully set forth in this LPAFA.
17. Insurance
CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE
District#: 18-Dallas
Code Chart 64 #: 11400
Project: Evers Park Bridge and Trail
Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop)
Federal Highway Administration CFDA #: 20.205
Not Research and Development
If this LPAFA 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.
18. 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
U)AFA, the Local Government certifies that it and its principals are 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, to include principles, 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 LPAFA shall require any party to a contract, subcontract, or
purchase order awarded under this LPAFA to certify its eligibility to receive federal funds and,
when requested by the State, to furnish a copy of the certification.
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 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 actiqns.
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.
CSJ #: 09"1 8-46-273 Fed.#: STP 2014(1 OS)TE
District #: 18-Dallas
Code Chart 64 #: 11400
Project: Evers Park Bridge and Trail
Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop)
Federal Highway Administration CFDA #: 20.205
Not Research and Development
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 LPAFA. Implementation of this program is a
legal obligation and failure to carry out its terms shall be treated as a violation of this
LPAFA. 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 shalf 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://www.gpo.gov/fdsys/pkg/FR-201 0-09-14/pdf/201 0-22705.pdf and
http://www.g po.qov/fQ_§ys/pkg/F R-201 0-09-14/pdf/201 0-227 06.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 4.11 00) 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 (0&8) 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.
CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE
District #: 18-Dallas
Code Chart 64 #: 11400
Project: Evers Park Bridge and Trail
Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop)
Federal Highway Administration CFDA #: 20.205
Not Research and Development
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 OMS Circular
A-133.
B. If threshold expenditures of $750,000 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/inslde-txdot/office/audillcontact.html.
C. If expenditures are less than $750,000 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 $750,000 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 LPAFA, 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.
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT-CITY OF DENTON ~~~ George C. Campbell
By:
City Manager
Approved as to Form:
Anita Burgess
City Attorney
~("':/./~/ By: ... ~ m. -~
/"' nita Burgess / ·
City Attorney
:~E:~p -
~ nneth Stewa
lntenm Director of Contract Serv1ces
Texas Department of Transportation
--· ATTEST:
Jennifer Walters
Cit ecretary
Date: f5l6/o/ //v ' r~/
CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE
District#: 18·-Da\las
Code Chart 64 #: 11400
Project: Evers Park Bridge and Trail
Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop)
Federal Highway Administration CFDA #: 20.205
Not Research and Development
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
ORDINANCE NO. 2014-215
ATTACHMENT A
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY lv!ANAGER, OR
HIS DESIGNEE, TO EXECUTE ON BEHAU,. OF THE CITY OF DENTON AN
ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION
RELATING TO A GRANT FOR THE EVERS PARK BIUDGE AND TRAIL PROJECT;
AUTHOI.UZING THE CITY :tv'1ANAGER TO EXPEND FUNDS PROVIDED FOR IN THE
GRANT PROGRAM; AND DECLARING AN EFFECTIVE DATE.
\VHEREAS, the City Manager recommends that the City accept an Agreement with the
Texas Department of Transportation ("TxDOT") providing a transportation enhancement grant of
$!,677,021 for the Evers Park Bridge and Trail Project and requiring the City to provide $335,404
in local participation funds; and
WHEREAS, the City Council deems the acceptance of this Agreement \Vith TxDOT to be in
the public interest; NOW, THEREFORE,
TI-IE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The City Manager of the City of Denton, or his designee, is hereby authorized
to execute on behalf of the City of Denton an acceptance of an oflcr from the Texas Department of
Transportation relating to a grant for the Evers Park Bridge and Trail Project, a copy of such grant
being attached hereto ~md made a part hereof for all purposes (the "Grant Agreement").
SECTION 2. The City Manager is hereby authorized to expend such funds as me provided
for in the Grant Agreement and to take all actions necessary to implement the Grant Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /5/Uday of ~ -·ltA .1014. {jo (~,~~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
CSJ #: 09 18-46-273 Fed.#: STP 2014(105)TE
District#: 18-Dallas
Code Chart 64 #: 11400
Project: Evers Park Bridge and Trail
Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop)
Federal Highway Administration CFDA #: 20.205
Not Research and Development
ATTACHMENT C
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
OFF SYSTEM-TE Project Budget Estimate
LG Performs PE Work or Hires Consultant I Local Let Proicct to Construction C
Federal Participation Local Participation
-ription of Project Cost to be incurred: Total Estimated (80% or<) State Participation= 0 (20% or greater)
Cost= Max TE $1,341,617
Is will retain their local match for those Authorized
ces administered/contracted themselves. Amount % Cost % Cost % Cost
ning, research, surveying, education for
construction related projects $0 0% $0 0% $0 !00% $0
ties-by LG $0 0% $ 0% $0 100% $0
ron mental Cost -by LG $0 0% $0 0% $0 100% $0
tofWay-by LG $0 0% $0 0% $0 100% $0
total by Local Government so s $0 $0
OT Administrative Cost Incurred -PE: TxDOT's ADM Cost is based on 15% of the overall Nomination's budget estimate *Due within 30 days
OT-PE Phase-Direct State Cost
:ws, clearances, admin ., coordination, etc. $109,371 80% $87,497 0% $0 20% *$21 ,87<1
OT Administrative Cost Incurred -CE: Remaining o;., of TxDOT ADM Cost based on current Budget Estimate at letting **Due 60 days prior
OT-Construction Phase-Direct State
s-oversight. inspection, site visits, etc. $109,371 80% $87,49 0% $0 20% **$21 ,874
ct Project Construction COST Locals retain their local participation below to apply to project cost directly
>truction Contract-work bid items, letting I
clearances, permits, etc. ,CE $1 ,458,279 80% $1,166,623 0% $0 20% $291 ,656
:r Associated Construction Cost $0 0% $0 0% $0 0% $G
total Construction $1,567,650 80% S1,254,120 0% 0 20% $313,530
fAL $1,677,021 $1,341,617 $0 $335,404
~stimated Total Participation by the Local Government is S335,404, plus 100% of overruns. Payment of the Local's share of TxDOT's ADM PE Cost to be incurred is$ 2I,874 due
n 30 days from execution of the AFA contract. Payment of the Local's share ofTxDOT's ADM Cost for Construction to be incurred is $21,874 due 60 days prior to the Construction
act being advertised for bids. This is an estimate. The eligible percent of required local match as stated in the nomination is 20% or greater. The final amount of Local Government
:ip:~tion will be based on actual costs and values. The Maximum TE federal funds available for the project are $1,341,617.
:ll._l Dll.I=A Tl= Paae 1 of 1 Attachment C