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