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HomeMy WebLinkAboutPR 15672: TXDOT LOCAL PROJECT ADVANCE FUNDING AGREEMENTMemorandum City of Port Arth ur, Texas To: Steve Fitzgibbons, City Manager From: Rebecca Underhill, Assistant City Manage - tration Date: December 21, 2009 Subject: Proposed Resolution 15672 Presented for City Council consideration and approval is PR 15672, which authorizes the City Manger to execute a Local Project Advarice Funding Agreement with TxDOT. -This agreement is for the City's portion of the utility relocation costs related to the Highway 365 widening project. The estimated cost of the City's participation is $412,940. As a reminder, the City previously agreed to participate in the local share of the right of way so that this project can proceed, funded through the American Recovery and Reinvestment Act (ARRA). That agreement, approved in Resolution 09-413, provided $558,000 for ROW acquisition. s:\financelresolutions\pr15672 txdo[ 365.doc P. R. NO. 15672 ru 12/30/09 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT FOR AN AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) PROJECT, WITH THE TEXAS DEPARTMENT OF TRANSPORTATION, RELATED TO UTILITY RELOCATION FOR THE WIDENING OF FM 365 FROM HIGHWAY 69 TO SPUR 93 (CSJ NO: 0932- 01-076) IN AN AMOUNT ESTIMATED TO BE $412,940 (ACCOUNT NUMBER 303-1603-591.89-00, CIP001) WHEREAS, it is deemed to be in the best interests of the citizens to enter into a Local Transportation Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation to fund the local share of utility relocation costs related to the widening of FM 365 from Highway 69 to Spur 93 (West Port Arthur Road); and WHEREAS, the City shall contribute to the State an amount equal to ten percent (10%) of the `participating utilities' and 100% of the `non-participating' utilities; and WHEREAS, the City's estimated cost is $412,940. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is hereby authorized to execute the Local Transportation Advance Funding Agreement (LPAFA), CSJ # 0932-01-076, in substantially the same form as attached heieto as Exhibit "A". READ, ADOPTED, AND APPROVED, this day of January, 2010, AD, at a Regulaz Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: s:\financetresolutions\pr15672 txdot 365.doc Mayor ATTEST: Terri Hanks, City Secretary AJPP~ROVED AS TO FORM: V Valecia Tizenc Acting City Attorney APPROVED FOR ADMINISTRATION: t ve Fitzgibbons, City/, Man/ ager .~,P.c r'Y O~r+~ Rebecca Underhill, Assistant City Manager -Administration John Comeaux, Assistant City Manager -Operations Deborah Echols, Finance Director s:\finance4esolutions\pr15672 [xdot 365.doc Exhibit A s:\financekesolutions\prI5672 bcdo[365.dac CSJ # 0932-01-076 District # 20 Code Chart 64 # 33350 Project: FM 365 Widening CFDA # 20.205 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For An American Recovery and Reinvestment Act Project 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 Port Arthur, Texas, acting by and through its duly authorized officials, hereinafter 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 Texas Transportation Commission passed Minute Order 111920 that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated ,which is 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 Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as the widening of Farm-to-Market Highway (FM) 365 to four lanes with a continuous left turn lane from Spur Highway (SP) 93 to United States Highway (US) 69. 5. Right of Way and Real Property shall be the responsibility of the State. 6. Adjustment of utilities will be provided by the State. 7. Environmental Assessment and Mitigation will be carried out by the State. AFA-LPAFA ShortGen.doc Page 1 of 6 Revised 09/23/2009 CSJ # 0932-01-076 District # 20 Code Chart 64 # 33350 Project: FM 365 Widening CFDA # 20.205 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the State, as stated in the Master Agreement, 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. 10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. 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 Govemment 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. The Local Government is responsible for all non-federal and non-state funding, including all project cost overruns, unless otherwise provided for in this Agreement or through amendment of this agreement. d. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount. shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. e. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. AFA-LPAFA ShortGen.doc Page 2 of 6 Revised 09/23/2009 CSJ # 0932-01-076 District # 20 Code Chart 64 # 33350 Project: FM 365 Widening CFDA # 20.205 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 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. Any 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: a. 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 b. 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(a) 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: AFA-LPAFA ShortGen.doc Page 3 of 6 Revised 09!2312009 CSJ # 0932-01-076 District # 20 Code Chart 64 # 33350 Project: FM 365 Widening CFDA # 20.205 a. 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 b. 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. j. Whenever funds from the American Recovery and ReinvestmenfAct 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 party. 13. 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. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing 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. AFA-LPAFA ShortGen.doc Page 4 of 6 Revised 09/23/2009 CSJ # 0932-01-076 District # 20 Code Chart 64 # 33350 Project: FM 365 Widening CFDA # 20.205 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. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented.. 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 (Contractor, Local Government, Engineer, or whatever] 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. AFA-LPAFA ShortGen.doc ~ Page 5 of 6 Revised 09/23/2009 CSJ # 0932-O1-076 District # 20 Code Chart 64 # 33350 Project: FM 365 Widening 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: Date: Janice Mullenix Director of Contract Services Texas Department of Transportation AFA-LPAFA ShortGen.doc Page 6 of 6 Revised 09/23/2009 CS7 # 0932-01-076 District # 20 Code Chart 64 # 33350 Project: FM 365 Widening CFDA # 20.205 ATTACHMENT A Resolution of Local Government Approving This LPAFA AFA-LPAFA_ShortGen.doc Page 1 of 1 Revised 09/23/2009 CSJ # 0932-01-076 District # 20 Code Chart 64 # 33350 Project: FM 365 Widening CFDA # 20.205 ATTACHMENT B Project Location Map AFA-LPAFA_ShortGen.doc Page 1 of 1 Revised 09/23/2009 CSJ # 0932-01-076 District # 20 Code Chart 64 # 33350 Project: FM 365 Widening CFDA # 20.205 ATTACHMENT C Project Budget Estimate and Source Of Funds The Local Government will participate in the cost of widening FM 365 from SP 93 to US 69, which is an on-system location. The State has estimated the project to be as follows: Total Description Estimate Federal State Local Cost Participation Participation Participation Cost % Cost % Cost - CONS TRUCTION COSTS Construction of the $7,456,610.00 100% $7,456,610.00 0% $0.00 10% $0.00 roadwa Installation of utilities $170,737.83 0% $0.00 90% $153,664.05 10% ~ $17,073.78 artici atin Installation of utilities $353,275.92 0% $0.00 0% $0.00 100% $353,275.92 non- artici atin Subtotal $7,980,623.75 $7,456,610.00 $153,664.05 $370,349.70 Direct State Costs - $857,510.15 0% $0.00 100% $857,510.15 0% $0.00 construction (estimated at 11.5% Direct State Costs - $19,634.85 0% $0.00 90% $17,671.37 10% $1,963.48 participating utilities estimated at 11.5% Direct State Costs -non- $40,626.73 0% $0.00 0% $0.00 100% $40,626.73 participating utilities estimated at 11.5% ' Indirect State Costs $380,675.75 0% $0.00 100% $380,675.75 0% $0.00 estimated at 4.77% TOTAL $9 279 071.23 $7 456 610.00 $1 409 521.32 $412,939.91 Amount due prior to preliminary engineering review $0.00 Amount due 60 days prior to receipt of construction bids $357,539.11 Direct State Cost will be based on actual charges. Local Government's Participation = $412 939.91 This is an estimate only, final participation amounts will be based on actual charges to the project. * The Local Government has already paid to the State the amount of $55,400.80. AFA-LPAFA_ShortGen.doc Page 1 of 1 Revised 09/23/2009