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HomeMy WebLinkAboutItem 09 - Green Ribbon ProjectMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: JUNE 2, 2015 SUBJECT: APPROVAL OF A RESOLUTION FOR LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) — SH114 GREEN RIBBON PROJECT RECOMMENDATION: City Council consider adopting a resolution approving the Local Project Advance Funding Agreement with Texas Department of Transportation (TXDOT) to establish funding participation levels for the State Highway 114 (SH114) Green Ribbon Project, and take any necessary action. FUNDING SOURCE: Funds are currently available in the Quality of Life account 121-48810-312-15-0041. Several areas throughout the DFW Connector corridor were not included in TXDOT's landscape plan. The SH114 Green Ribbon Project is one of the highly visible areas along the corridor where supplemental landscaping will enhance the appearance of Grapevine. The project is funded by the Federal Highway Administration (FHWA) and TXDOT Green Ribbon program, two separate grants from the Governor's Community Achievement Award, and the City. The Green Ribbon program provides no allowances for cost overruns; therefore, the City will cover any cost overruns that may arise. This project will be administered by the City. A Master Agreement, adopted by the City and the State in November 2000, establishes general terms and conditions for transportation projects of this nature. The LPAFA formally establishes the funding participation level and scope for this specific project. TXDOT has requested that the City approve this LPAFA in June to facilitate their bidding schedule for July 2015. Staff recommends approval. May 28, 2015 (8:45AM) A A A WHEREAS, a Master Agreement between the City of Grapevine and the State of Texas was adopted by Resolution No. 2000-60 on November 21, 2000 and the agreement states the general terms and conditions for transportation projects developed through this Local Transportation Project Advance Funding Agreement; and WHEREAS, the Texas Transportation Commission passed Minute Order 114213, that provides for the development of, and funding for, landscape improvements of State Highway 114 from William D. Tate Avenue to Main Street in the City of Grapevine; and WHEREAS, the Grapevine City Council strongly supports the efforts of the Metropolitan Planning Organization and Texas Department of Transportation in developing a system of highways in cooperation with local governments; and WHEREAS, all legal prerequisites for the adoption of this resolution have been met, including but not limited to the Local Government Code and the Open Meetings Act; and WHEREAS, the City Council hereby declares that the approval of this resolution is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIAN' OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble of this resolution are true and correct and are incorporated herein as if copied in their entirety. Section 2. That the City Council of the City of Grapevine approves enteri into this Local Transportation Project Advance Funding Agreement for landsca improvements of State Highway 114 from William D. Tate Avenue to Main Street in t City of Grapevine. I Section 3. That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL • THE CITY • GRAPEVINE, TEXAS • this the 2nd •. • June, 2015. FTIM Bowls RES. NO. 2 STATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 0353-03-094 District # 02 -Fort Worth Code Chart 64 # 17200 Project: SH 114 Landscape improvements Federal Highway Administration CFDA # 20.205 Not Research and Development LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A GREEN RIBBON PROGRAM PROJECT ON - SYSTEM THIS Local Project Advance Funding Agreement (LPAFA "ade by and between the State of Texas, acting by and through the Texas Department of Tra ation, called the "State", and the City of Grapevine, acting by and through its duly authorized lied the "Local Government." WITNE WHEREAS, a Master Agreement between the L Government and State has been adopted and states the general terms and conditions for 6�,Mortation projects deY pedthrough this LPAFA; and, W A , '0" - HEREAS, the Texas Transportation i M on provides for the development of, and in V"Kit"W WHEREAS, the Governing B f the Loc" ve resolution or ordinance da agreement as Attachme or the pe, lopme appears in Attachment 13, is att4ed to ands NOW, THEREF,-, r,ii" nsiddr* of the partiesAfk I y s p e follows: jgx� assd-Winute Order Number 114213 that I J J ProjeaAVribed herein; and, m`h`1* as ap#,f' ved entering into this LPAFA by A 0, - rAhed to and made a part of this rote map showing the Project location de a part of this agreement. of the mutual covenants and agreements �d as hereinafter set forth, it is agreed as REEMENT Zrff, ";7% 1. Period of the Ag"k,- ent The period of this L is as d in the Master Agreement, without exception. 2. Termination of this or Termination of this LPAFA be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. AFA-LPAFA—ShortGen.doc Page 1 of 8 Revised 11/24/2014 CSJ # 0353-03-094 District # 02 -Fort Worth Code Chart 64 # 17200 Project: SH 114 Landscape improvements Federal Highway Administration CFDA # 20.205 Not Research and Development 4. Scope of Work The scope of work for this LPAFA is described as landscape improvements on SH 114 from William D. Tate Avenue to Main Street. 5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception. 6. Utilities Adjustment of utilities will be provided by the Local Govern7t as required and as stated in the Master Agreement, without exception. 7. Environmental Assessment and Mitigation Environmental assessment and mitigation will be car outer fated in the Master Agreement. Additionally, before the advertisement for bids, t 'Al"I cal Gov6N*nt shall provide to the State written documentation from the appropriate r ryagency or cies that all environmental clearances have been obtained. 8. Compliance with Texas Accessibility Standlard'IjOg,�,nd I 1 -0, ricans with Dis abilities Act (ADA) will Compliance with Texas Accessibilit ,�dardl, be as stated in the Master Agreerr ut excepti . . . . . . o AN, r v Or 9. Architectural and Engineering Serviealeen I IF Architectural and enginseR lbe pro.by that Government as stated in the Master Agreement. The, vernmerio§ res dor p rmance of any required O architectural or prelim* 'en iF' ng worl e MjeCt Ahe state highway system, the design shall, at a mini` confor applic tate manuals. For projects not on the state 6'V highway system, the de WV minimu F onform to applicable American Association of State Highway nspolm."p, designandards. The State may review and comment �k­requi acco tpublic purposes of the State. The Local 11 Cooper Govern Ily he Stat complishing these local public purposes to the F degree pe d by State Fed W. 10. Construction onsibilil t i e Construction resp i S will carried out by the Local Government as stated in the Master Agreement.ZY6/1 11. Project Maintenance 7101711 Project maintenance will be Undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including AFA-LPAFA—ShortGen.doc Page 2 of 8 Revised 11/24/2014 CSJ # 0353-03-094 District # 02 -Fort Worth Code Chart 64 # 17200 Project: SH 114 Landscape improvements Federal Highway Administration CFDA # 20.205 Not Research and Development federal award information. The Local Government is responsible for one hundred percent (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 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 shy I provide the certificate of qualification to the State. The individual who receives t ; n Faining certificate may be an employee of the Local Government or an employee rm that has been contracted by the Local Government to perform oversight of the Prod State in its discretion may deny reimbursement if the Local Government has not igna qualified individual to oversee the Project. C. A Source of Funds estimate based on the,. portation Imp r" ent Program (TIP) is also provided in Attachment C. Attachment C'' F ws the percentage stimated dollar amount to be contributed to the project by federal, s and l0 1 sources parties agree that the LPAFA may be amended from time to time as r ire meet the furl commitments based on revisions to the TIP, F Project A' ion and Agreemt (FPAA), or other federal document. �` ,, is D. The Local Government is responsefor„ n-federad non -state funding, unless otherwise provided for in this agreemot or h amen° nt of this agreement. Where a Special Approval has ,, ' n e d by f State "">pal��rnment shall only in that instance be respora foruns in�es�nt to be paid by the Local Government. %x . ,,, '''' E. Prior to the performa�f any gineering, ,view work by the State, the Local Government will pay to t eS ate the° ed in chment C. At a minimum this amount shall equal thrnme ndi � a foe estimated cost of preliminary engineering for the le t. At ixty days p�c. fie date set for receipt of the construction bids, the Lo overnment Ire d remaini` g financial share for the State's estimated construe versight an , " nstrd n costs. F. Wheneve are paid bP e Loc overnment to the State under this Agreement, the Local Govern shall rem ' check or warrant made payable to the "Texas Department of Transportation TUFund." check or warrant shall be deposited by the State in an escrow account to be manby t tate. Funds in the escrow account may only be applied by the State to the Project. ft,al Project accounting, excess funds remain in the escrow account, those funds ma a 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. G. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total AFA-LPAFA_ShortGen.doc Page 3 of 8 Revised 11/24/2014 CSJ # 0353-03-094 District # 02 -Fort Worth Code Chart 64 # 17200 Project: SH 114 Landscape improvements Federal Highway Administration CFDA # 20.205 Not Research and Development 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. H. When a Special Approval has been signed by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification of those amounts. I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirect through a subcontract under this contract acts as acceptance of the authority of the state. itor, under the direction of the legislative audit committee, to conduct an audit or in ' ation in connection with those funds. Any entity that is the subject of an audit or investi st provide the state auditor with access to any information the state auditor consi s releto the investigation or audit. J. Payment under this contract beyond the end current f I biennium is subject to y availability of appropriated funds. If funds, .G of appropriate is contract shall be terminated immediately with no liability to er party. K. The Local Government is authorized to su quests,,fpr reimburS ent by submitting the original of an itemized invoice in a form and c ni ` ems req uii the State no more frequently than monthly and no 1an ninety ( ° `s after costs arecurred. If the Local Government submits invoices mol t ety (90 s after the costs are incurred, and if federal funding is reduced as a res�,th' a shall no responsibility to reimburse the Local Government for those costs.., ., 13. Document and Inforri nge / '� �/ The Local Governmen ees F tot,11tronicalj er to thtate all general notes, specifications, contract p'ion r , erements;,`„ d related documentation in a Microsoft® Word or similar docu t If req tate, ocal Government will use the State's document t Loc' erne all provide a detailed construction time estimate mg typ' ,ctiv- and mo the format required by the State. This requirem pplies whe' te L� .Govern nt creates the documents with its own forces or by hiring a coltant or profs ona�'der. At the request of the State, the Local Government shall submit anj ormation rem ed by State in the format directed by the State. 14. Incorporation of WWI' Agre nt Provisions This LPAFA incorporatHII of governing provisions of the Master Agreement in effect on the date of final execution of 6';FA, unless an exception has been made in this agreement. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. AFA-LPAFA_ShortGen.doc Page 4 of 8 Revised 11/24/2014 CSJ # 0353-03-094 District # 02 -Fort Worth Code Chart 64 # 17200 Project: SH 114 Landscape improvements Federal Highway Administration CFDA # 20.205 Not Research and Development 16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals 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, to include principals, that is currently debarred, suspen , ed, or otherwise excluded from or ineligible for participation in Federal Assistance Programs Executive Order 12549. The parties to this contract shall require any party to a subco or purchase order awarded under this contract to certify its eligibility to receive federal f when requested by the State, to furnish a copy of the certification. f. 17. Cost Principles and Office of Management In order to be reimbursed with federal funds, 1 established in OMB Circular A-87 that specify and allocable to the Project. 18. Notices x, All notices to either party shall be del prepaid, addressed to that party at the City Manager City of Grail , 200 So Grail All notices shalt otherwise provide written notice of the shall be delivered pe other party. ludget (OMB ties shall comp II reimb .sed cc Requirements the Cost Principles *,allowable, reasonable, ally dF int by certified or U.S. mail, postage r rector of Contract Services Office �xas Department of Transportation E. 11 Department istin, Texas 78701 eemed giv on th6w6te delivered in person or deposited in the mail, unless this agre"�ent. Either party may change the above address by sending age toj other party. Either party may request in writing that notices rs� certified U.S. mail, and that request shall be carried out by the 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). AFA-LPAFA_ShortGen.doc Page 5 of 8 Revised 11/24/2014 CSJ # 0353-03-094 District # 02 -Fort Worth Code Chart 64 # 17200 Project: SH 114 Landscape improvements Federal Highway Administration CFDA # 20.205 Not Research and Development 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the St . te's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Re ing the Adoption of the Texas Department of Transportation's Federally -Approved vantaged Business Enterprise by Entity, and attachments found at web address ; htte:// p.dot.state. s/cub/ udot-info/bop/ be/ ou chmenjL.pdf E. The Local Government shall not discriminatej Kebasis o,., e, color, national origin, or sex in the award and performance of any U.S,.,. rtment of Trana Cation (DOT) -assisted contract or in the administration of its DB ';' gram or the requirts of 49 CFR Part 26. The Local Government shall take all necessnd rea nable ste("der 49 CFR Part 26 to ensure non-discrimination in award and admirnOT-assistntracts. The State's DBE program, as required by 49�� Part 26 an proved by DOT, incorporated by reference in this agreement. Imp ion of this ram is a legal obligation and failure to carry out its terms shall be treated NP, n of this"I�'" eement. Upon notification to the Local Government of its failure to ca up roveam the State may impose sanctions as provided er 49 CF art 26 ay �,,, propriate cases refer the matter for enforces un : U.S.0."3" Jr/'th ram Fraud Civil Remedies Act of 1986 (31 U.S.C. 3 pt seqJa) F. Each contract the L over nt signs a contractor (and each subcontract the prime contractor s s with a �� must de the followingassurance: The contractor sub-revl y cont , "hal rs� Rscrr date on the ba s of race, color, national origin, ex in the','- rma . f this , " t. The contractor shall carry out applicable requ�r is of 49 C rt 2 e away and administration of DOT -assisted contracts. Failureb" contractor rry t� "ese requirements is a material breach of this agreement, h may resU� the f l+ination of this agreement or such other remedy as the recipient dee ?propm .71 21. Federal Funding Ac c' " kab 1 y` nd Transparency Act Requirements A. Any recipient of funds `" y=" `is Agreement agrees to comply with the Federal Funding Accountability and Tran ``' rency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gi3o. ov/fdsys/ck /FR-2010-09-14/r)df/2010-22705 df and httr)://www.qpo.qov/fdsys/i3ka/FR-2010-09-1 Ajgdff2010-22706 pdf B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in AFA-LPAFA_ShortGen.doc Page 6 of 8 Revised 11/24/2014 CSJ # 0353-03-094 District # 02 -Fort Worth Code Chart 64 # 17200 Project: SH 114 Landscape improvements Federal Highway Administration CFDA # 20.205 Not Research and Development Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: hLt �.//ww�w.samov/ �orta�l/ubh�c/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedciov.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, a Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already_ ble through reporting to the U.S. Securities and Exchange Commissio, 22. Single Audit Report 41" A. The parties shall comply with the re uiremf the Single ,Act of 1984, P.L. 98-502, ensuring that the single audit report inclu 14h e coverage 4,hE stipular OMB Circular A-133. B. If threshold expenditures are met during the Government must submit a Single, udit Repo TxDOT's Audit Office, 125 E. Austin, A :91 years beginning prior to December -M4, 20M years beginning on ora Decembd4120, If expenditures are Ie thresh" th es Government must it a s ent to $ expendiftai resholl,4%flcl there performed for FY ovent's fi! ar, the Local J, gement Lei ly applicable) to 701 or contact TlbOT's Audit Office at i. The expenditure threshold for fiscal 0 f ie expenditure threshold for fiscal r50 Vngal Vernment's fiscal year, the Local , (Y .1/W,'1_?&ice as follows: "We did not meet the e not 'ired to have a single audit For each roj e 15p for feqp't I funding expenditures, the Local Govern pon for r statement as described above. The requi nual filin 11 ex' ithrougff'6'"e life of the agreement, unless otherwise amend th ro ec - bee malty closed out and no charges have been incurred within t fiscal v4 23. Signatory Warrar Each signatory wa behalf of the entity atory has necessary authority to execute this agreement on AFA-LPAFA—ShortGen.doc Page 7 of 8 Revised 11/24/2014 CSJ#0353-O3-O84 District #02-FortWorth Code Chart 84#172D0 Project: SH 114Landaoape improvements Federal Highway Administration CFDA#2U.2O5 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. 111111101 Signature Typed o[Printed Name Kenneth Stewart Director of Contract Services Texas Department of Transp, AFA-L hortGen.doc Page 8ofO Revised 11/24/2014 CSJ # 0353-03-094 District # 02 -Fort Worth Code Chart 64 # 17200 Project: SH 114 Landscape improvements Federal Highway Administration CFDA # 20.205 Not Research and Development AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment A CSJ # 0353-03-094 District # 02 -Fort Worth Code Chart 64 # 17200 Project: SH 114 Landscape improvements Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP Legend: Green color depicts turf or ative grass areas Magneta color depicts shrubs/tree areas AFA-LPAFA ShortGen.doc Page 1 of 1 Attachment B CSJ # 0353-03-094 District # 02 -Fort Worth Code Chart 64 # 17200 Project: SH 114 Landscape improvements Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C Costs will be allocated based on applicable Federal/State funding and a fixed amount of Local Government funding until Local Government funding reaches the maximum obligated amount. The State will then be responsible for 100% of the costs. Initial p y � by the Local Government to the State: $0.00 Payment by the Local Government to the State before construction: $8,003.00 Total payment by the Local Government to the State: $8,003.00 The total amount of Local Government participation shall not exceed the amount appearing above. AFA-LPAFA ShortGen.doc Page 1 of 1 Attachment C Engineering $63,000 $0 $63,000 (by Local 7 Government)! Construction $876,597 $312,0000", $458,000$106,597 (by Local Government) , $939 597 111' � $312 OOO;i% $" �' 45 8, 000 � $169,597 �„ Environmental $500 $ ' %°% WN $0 Direct State Costs 0 Right of Way Direct $0 $ 0 State Costs0/001 Engineering Direct 650 0 °` $2,65`" $0 State Costs .. Utility Dire# $1 $1 $0 h� Costs F y Const on Direct �20 32,011 '°, $48,906 $8,003 State C Indirect St osts 53,$53,933 $0 Initial p y � by the Local Government to the State: $0.00 Payment by the Local Government to the State before construction: $8,003.00 Total payment by the Local Government to the State: $8,003.00 The total amount of Local Government participation shall not exceed the amount appearing above. AFA-LPAFA ShortGen.doc Page 1 of 1 Attachment C