HomeMy WebLinkAboutItem 14 - State Highway 26 Reconstruction Project MEM 0 !
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER*
MEETING DATE: JULY 20, 2090
SUBJECT: LOCAL PROJECT ADVANCED FUNDING AGREEMENT
(LPAFA) — SH 26 RECONSTRUCTION PROJECT
RECOMMENDATION:
City Council consider adopting a resolution approving the Local Project Advance
Funding Agreement with TXDOT to establish funding participation levels for the State
Highway 26 Reconstruction Project, and take any necessary action.
FUNDING SOURCE:
Funds are currently available in G O Bond Funds as follows:
02 GO 178-78107-014
03 GO 178-78125-015
BACKGROUND:
The project was initially funded by TxDOT, NCTCOG, Tarrant County and the City.
TxDOT has recently received American Recovery and Reinvestment Act (ARRA)
funding which allows them to fully fund the construction of the project based on the bid
prices. The ARRA program provides no allowances for cost overruns. The only funding. .
required of the City is to cover any cost overruns that may arise.
This project will be administered by the State. A Master Agreement, adopted by the City
(by resolution) 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 had requested that the City approve this LPAFA in June to facilitate their bidding
schedule of August 2010. The last meeting in June was so early in the month that it
would not work. With the first meeting of July cancelled, this meeting is the first one
available for Council consideration.
July 12,2010(4:04PM)
To meet TxDOT's letting date of August 2010 for this project and tie down the ARRA
funds, they have had to advertise the project in advance of our agreement.
The City's funding commitment to this project before the ARRA funds became available
was $3 million. The cost overruns on this project should fall within $500,000 to
$850,000, 3% to 5%, and could be less depending upon issues that may arise in the
field.
This should yield a savings to the City of$2.1 to $2.5 million.
Once the City Council passes a resolution approving the t_PAFA, TXDOT will proceed
with the project.
Staff recommends approval.
O:Iagenda107201MAdvanoed Funding Agreement—SH 26 Reconstruction Project
July 14, 2010(10:43AM)
CSJ#0363-01-111
District# 02-Fort Worth
Code Chart 64 # 17200
Project: SH 26
CFDA#20.205
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For an American Recovery and Reinvestment Act Project
(On State 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, hereinafter called the "State",
and the City of Grapevine, acting by and through its duly authorized officials, hereinafter called the
"Local Government."
WITNESSETH
WHEREAS, a Master Agreement Governing Local Transportation Project Advance Funding
Agreements (MAFA) between the Local Government and the State has been adopted, effective
December 12, 2000, and states the general terms and conditions for transportation projects
developed through this LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 112237, 110266 that
provides for the development of, and funding for, the project described herein; and;
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance attached hereto and made a part hereof as Attachment A for development of
the specific project which is identified in the location map shown as Attachment B.
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:
AGREEMENT
1. The period of this LPAFA is as stated in the MAFA, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception.
3. Amendments to this LPAFA shall be made as described in the MAFA, without exception.
4. Scope of Work
The scope of work and project limits for this LPAFA are described as reconstruct SH 26 from
Brumlow Road in Grapevine to .5 miles south of SH 114 from a 4 lane to 6 lane divided,
5. Right of Way and Real Property shall be acquired under one of the following procedures (check
either a. or b.):
a. � Purchase by the State. Acquisition of right of way shall be the responsibility of the State,
as stated in the MAFA, without exception, unless otherwise provided in Special Provisions and/or
Attachment C. A warrant or check in the amount of the Local Government's estimated
participation as reflected in Attachment C, shall be made payable to the Texas Department of
Transportation and transmitted to the State prior to release of the Project by Right of Way
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Division, or within thirty (30) days from receipt of the State's written notification, whichever is
earlier.
OR
b. Purchase by the Local Government for the State. Acquisition of right of way shall be
the responsibility of the Local Government, as stated in the MAFA, without exception, unless
otherwise provided in Special Provisions and/or Attachment C.
6. Donations of real property may be credited to the Local Government's funding obligation for cost
of right of way to be acquired for this project. This section shall apply only to projects for
which there is no federal financial assistance and for which the State is responsible for
acquisition of the right of way. Credit for all real property, other than property which is already
dedicated and/or in use as a public road, donated by the Local Government to the State shall be
based on the property's fair market value established as of the effective date of this LPAFA. The
fair market value shall not include increases or decreases in value caused by the project and
should include the value of the land and improvements being conveyed, excluding any damages
to the remainder. The Local Government will provide to the State all documentation to support
the determined fair market value of the donated property. Such documentation shall include an
appraisal of the property by a qualified appraiser, unless the Local Government determines that
an appraisal is unnecessary because the valuation problem is uncomplicated and the fair market
value is estimated at no more than $10,000.00. The cost of appraisal will be the responsibility of
the State. The State will review the submitted documentation and make a final determination of
value; provided however, the State may perform any additional investigation deemed necessary,
including supplemental appraisal work by State employees or employment of fee:appraisers.
Credit shall be given only for property transferred at no cost to the State after the effective date
of this LPAFA and the State's issuance of a letter of funding authority, and only for property
which is necessary to complete this project. Credit shall be in lieu of monetary contributions
required to be paid to the State for the Local Government's funding share of the right of way to be
acquired for this project. The total credit cannot exceed the Local Government's matching share
of the right of way obligation under this LPAFA, and credits cannot be reimbursed in cash to the
Local Government; applied to project phases other than right of way, nor used for other projects.
In the event the Local Government's monetary contributions to the State for acquisition of right of
way, when added to its donation credits, exceed the Local Government's matching share of
the right of way obligation, there will be no refund to the Local Government of any portion
of its contributed money.
7. Adjustment of eligible utilities and payment of costs associated with such adjustment shall be
provided by 4 the State (or) Local Government (check the applicable party) and shall
be in accordance with provisions set forth in the MAFA.
8. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement,
without exception.
9. Compliance with Texas Accessibility Standards and ADA will be as stated in the MAFA, without
exception.
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District 4 02-Fort Worth
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CFDA#20.205
10. Architectural and Engineering Services will be provided by the State, as stated in the MAFA ,
without exception. The State is responsible for performance of any required architectural or
preliminary engineering work. The Local Government may review and comment on the work as
required to accomplish the public purposes of the Local.Government. The State will cooperate
fully with the Local Government in accomplishing these local public purposes to the degree
permitted by State and Federal law.
11. Construction Responsibilities will be carried out by the State, as stated in the MAFA, without
exception.
12. Project Maintenance will be undertaken as provided for in the MAFA, without exception.
13. Local. Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. The State and
the Federal Government will not reimburse the Local Government for any work performed
before the issuance of a formal Letter of Authority by the Federal Highway Administration. The
Local Government is responsible for 100% of the cost of any work performed under its
direction or control before the federal Letter of Authority is formally issued.
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 a
letter of authority is issued. 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.
b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. All right of way Project cost overruns shall be shared in the same cost participation ratios as
apply under this agreement to the applicable cost category. Other overruns are as stated in the
MAFA.
d. The State, without cost to the Local Government, will do the necessary preliminary
engineering. For purposes of this agreement, preliminary engineering includes design
schematics, property descriptions, parcel plats and right of way maps.
e. Unless otherwise provided for in this agreement, payment is as stated in the MAFA. 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 will make payment to the State within thirty (30) days from
receipt of the State's written notification.
f. Whenever funds are paid by the Local Government to the State under this Agreement, 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. If, after final Project accounting, excess funds remain in the escrow
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CFDA# 20.205
account, those funds may be applied by the State to the Local Government's contractual
obligations to the State under another advance funding agreement.
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
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. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
i. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502,
ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133.
j. Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are.used and the
Local Government is performing any work, either directly or through a contractor, it must
comply with the following provisions. If a Local Government is receiving ARRA funds, but is
not performing any work, the following provisions apply, if appropriate, and to the extent
necessary to comply with ARRA regulations.
In accordance with Section 902 of the ARRA, should this agreement involve the expenditure of
ARRA funds, then the U.S. Comptroller General and its representatives shall have the
authority to:
examine any records of the contractor or any of its subcontractors, or any State or local
agency administering such contract, that directly pertain to, and involve transactions relating to
the contract or subcontract; and
interview any officer or employee of the contractor or any of its subcontractors, or any State or
local agency administering the contract regarding such contracts.
Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way
the existing authority of the Comptroller General.
In accordance with Section 1515(x) of the ARRA, with respect to each contract or grant
awarded using covered funds, any representative of an appropriate inspector general
appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is
authorized:
to examine any records of the contractor or grantee, any of its subcontractors or subgrantees,
or any State or local agency administering such contract that pertain to'and involve
transactions relating to the contract, subcontract, grant, or subgrant; and
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CSJ# 0363-01-111
District## 02-Fort Worth
Code Chart 64# 17200
Project: SH 26
CFDA#20.205
to interview any officer or employee of the contractor, grantee or subgrantee, or agency
regarding such transactions.
Section 1515(b) further provides that nothing in the section previously mentioned shall be
interpreted to limit or restrict in any way the existing authority of an inspector general.
The ARRA requires that the Contractor report monthly employment information for its firm as
well as that of all of its subcontractors. The Contractor, similarly, shall include this reporting
requirement in all of its subcontracts. Failing to include the requirement in agreements with
subcontractors can serve as grounds for contract termination.
Form FHWA-1589, Monthly Employment Report, promulgated by the Federal Highway
Administration (FHWA), captures the necessary monthly employment.information and shall be
submitted by the Contractor on a regular basis to the LG (Local Government), It is the
responsibility of the LG to obtain this form from the prime Contractor and any subcontractors
and, the LG shall verify the accuracy, completeness, and reasonableness of the data
contained in the form. The LG shall ensure that this form is submitted by the LG to the State
according to the policies and at the direction of the State.
In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to
the State all information requested by the State, including data or information in possession of
contractors and subcontractors for completing other necessary reporting forms, and the
information shall be submitted in the manner required and according to all due dates as set by
the State.
Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have
authority to examine the records of the contractor, subcontractor, or local agency relating to
the project at any time.
j. Whenever funds from the American Recovery and Reinvestment Act of 2009 (ARRA) are
distributed to a Local Government, the Local Government must complete its Schedule of
Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC), as required
by OMB Circular A-133, and separately identify any ARRA expenditures for Federal Awards.
k. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either parlay.
14.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 document. 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 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.
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CSJ# 0363-01-111
District# 02-Fort Worth
Code Chart 64 4 17200
Project: SH 26
CFDA 4 20.205
15. Incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant provisions
of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this
LPAFA, unless such MAFA provision is specifically excepted herein. Any conflict between the
terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA.
16. 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.
17. Debarment Certification. The parties are prohibited from making any award at any tier to any party
that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing
this agreement, the Local Government certifies that it is not currently debarred, suspended, or
otherwise excluded from or ineligible for participation in Federal Assistance Programs under
Executive Order 12549. The parties to this contract shall require any party to a subcontract or
purchase order awarded under this contract to certify its eligibility to receive Federal funds and,
when requested by the State, to furnish a copy of the certification.
18. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalf of the party represented.
19. Special Provisions. NIA
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CSJ# 0363-01-111
District#02-Fort Worth
Code Chart 64# 17200
Project: SH 26
CFDA#20.205
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate
counterparts.
THE LOCAL GOVERNMENT
By:
(Signature)
Title:
Date:
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
By:
Janice Mullenix
Director of Contract Services
Texas Department of Transportation
Date:
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CSJ#0363-01--111
District# 02-Fort Worth
Code Chart 64# 17200
Project: SH 26
CFDA#20.205
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
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CSJ#0363-01-111
District#02-Fort Worth
Code Chart 64# 17200
Project: SH 26
CFDA#20.205
ATTACHMENT B
PROJECT LOCATION MAP
AFA—LPAFA OnSys Page 9 of 10 Revised 09/23/2009
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CSJ if 0363-01-111
District# 02-Fort Worth
Code Chart 64# 17200
Project: SH 26
CFDA#20.205
ATTACHMENT C
BUDGET ESTIMATE AND SOURCE OF FUNDS
Total
Description Estimate Federal State Local
Cost Participation Participation Participation
% Cost % Cost % Cost
Plans, Specifications $3,020,771 0%o $0.00 100% $ 3,020,771 0% $0.00
& Estimate
Construction $17,521,201 100% $17,521,201 0% $ 0.00 0% $0.00
o ... . o .. ._. _._.
Direct State Costs $2,465,037 80% $1,972,030 20%. $493,007
07 0% $0.00
@12% (including Category 11-DisWd
plan review,
Discretionary
inspection and
oversight
TOTAL $23,007,009 $19,493,231.00 $3,513,778.00 $0.00
The Local Government will be responsible for 100% of all overruns and change orders over the fixed
ARRA construction amount of$17,521,201.00.
This is an estimate only; final participation amounts will be based on actual charges to the project.
AFA—LPAFA OnSys Page 10 of 10 Revised 09/23/2009
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AUTHORIZING A LOCAL
TRANSPORTATION PROJECT ADVANCE FUNDING
AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION ADDRESSING FUNDING PARTICIPATION
LEVEL AND PROJECT SCOPE FOR THE
RECONSTRUCTION OF STATE HIGHWAY 26 FROM BRUMLOW
ROAD TO 0.5 MILES SOUTH OF STATE HIGHWAY 114 FROM A
FOUR LANE TO A SIX LANE DIVIDED ROADWAY IN THE CITY
OF GRAPEVINE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, a Master Agreement between the City of Grapevine and the State
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
112237, 110266 that provides for the development of, and funding for the reconstruction
of State Highway 26 from Brumlow Road to 0.5 miles south of State Highway 114 from
a four lane to a six lane divided roadway 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
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 entering
into this Local Transportation Project Advance Funding Agreement for the
reconstruction of State Highway 26 from Brumlow Road to 0.5 miles south of State
Highway 114 from a four lane to a six lane divided roadway in the City of Grapevine.
Section 3. That this resolution shall become effective from and after the date
of its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 20th day of July, 2010.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
RES. NO. 2001-50 2