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HomeMy WebLinkAboutPR 11702:TDOT - 32ND STPUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO FROM SUBJECT DATE Steve Fitzgibbons, City Manager Leslie E. McMahen, P.E. Director of Public Works P.R. #11702 March 15, 2002 RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 11702 which would rescind Resolution 00-180 and would authorize the Mayor to execute an amended Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation for the improvement of 32"" Street from 9th Avenue to Lombardy Drive. Funding is available in the FY2002 Budget, Account No. 302-1601-591.86-00, ClP 806. BACKGROUND The City first approved an Agreement with TxDOT by Resolution 00-90 in April 2000 on TxDOT's old local agreement form, for a total project cost of $257,000 and City 20% participation at $51,400 and TxDOT 80% participation at $205,600. The amended Agreement with TxDOT is on their new local agreement form, for a total project cost of $288,570 and City 20% participation at $60,354 and TxDOT's participation at $228,216. The City's share of up-front TxDOT costs and construction inspection is included in this Agreement. The original 32"" Street project limits were Highway 347 to 9th Avenue but the severe deterioration of the section between Highway 347 and Lombardy Drive caused the project limits to be reduced to 9th Avenue to Lombardy Drive. The TxDOT 2R Program guidelines would have made it impossible to salvage the former section of pavement. We are planning a project on the better section with a cost of $250,000 for construction only of the improvements. No cost overruns beyond TxDOT's participation at $228,216 are expected. BUDGETARY/FISCAL EFFECT Funds are available in the FY2002 Budget, Account No. 302-1601-591.86-00, CIP 806, or those accounts in which balances exist, to fund the expanded project. The budgeted funds for ClP 806 was set at $663,400. STAFFING/EMPLOYEE EFFECT None. All plans and specification work is being done by consultants hired by the City. Construction management will be done by TxDOT. SUMMARY I recommend that the City Council approve Proposed Resolution No. 11702 which would rescind Resolution 00-180 and would authorize the Mayor to execute an amended Local Transportation Project Advance Funding Agreement with the Texas Department of P.R. No. 11702 Page #2 Transportation for the improvement of 32"~ Street from 9th Avenue to Lombardy Drive. Funding is available in the FY2002 Budget, Account No. 302-1601-591.86-00, CIP 806. Leslie E. McMahen, P.E. Director of Public Works file c:\word~cam32ndstamend CITY OF PORT ARTHUR, TEXAS PUBLIC WORKS DEPARTMENT MEMORANDUM: TO: Steve Fitzgibbons, City Manager ~,v FROM: Leslie E. McMahen, P.E., Director of Public Works DATE: March 15, 2002 SUB3ECT: Overview of 32"d Street and (;rifling Drive Projects Funding for 32nd Street from Highway 34~ to 9th Avenue was first approved in 2000 at a total cost of $257,000 in the .1OHRTS program with the City's 20% share at $51,400 and TxDOT's 80% share at $205,600. The project was funded under the Repair and Rehabilitation (2R) category which allows only 50% of the road surface area to be rehabilitated prior to being resurfaced. The new project amount of $288,570, with a reduced project length, has the City's 20% share at $60,354 and TxDOT's 80% share at $228,216. Funding for Griffing Ddve from Highway 347 to Lombardy Drive was first approved in 2000 at a total cost of $211,100 in the ]OHRTS program with the City's 20% at $42,2_00 and TxDOT 80% share at $168,900. The project was also funded under the 2R Program. The new project amount of $237,621 has the City's 20% share at $50,164.20 and TxDOT's 80% share at $187,456.80. When the preliminary engineering was done in 2001 for both streets by Bob Shaw Consulting Engineers, it was very obvious that the extent of repairs needed on both streets, so long after the estimates were first made prior to 1996, would be far beyond the approved funding for either street. Several meetings were held with Bob Shaw to determine options available for both streets, in order of project amount versus the degree of rehabilitation for each. The condition of 32n~ Street controlled the decision as to what to do with the two projects. The severe deterioration of the section between Lombardy Drive and Highway 347 made it impossible to make the needed repairs fit the restrictions of the 2R Program, and the amount of funds allocated would have quickly been consumed by any eligible repairs. The amount of work that could be done to the 2R March 16, 2002 Program standards and fall within the available funds for 32nd Street would be limited to a reduced project from Lombardy Drive to 9~ Avenue only. We had concerns that we would not be able to reduce bhe scope of the project since TxDOT has already designated the project limits in Local Funding Agreement with the City. We checked with the Beaumont office of TxDOT and were told that we could reduce the scope of the project and not lose any of the project funding already allocated to it. The SETRPC/MPO has also approved of the revisions to the limits of the 32nd Street project. With this assurance, BOb Shaw and ! developed a proposed project that would save the section of 32~ Street from 9~ Avenue to Lombardy Drive from further deterioration, by means of shoulder material replacement, concrete replacement in limited areas and HMAC oveday over the entire section. The amount of work could be done for the available funding in the 3OHRTS program, and no cost overruns would be expected. Since Gdffing Drive as a whole is in much better condition than 32nd Street, the entire street from Highway 347 to Lombardy Drive should be saved from further deterioration. With this in mind, Bob Shaw and T developed a proposed project that would address the needs of the section with shoulder material replacement, limited concrete replacement and HMAC overlay over the entire section. The cost of the revised project would be about $420,000 (construction costs only) for work that would meet the standards of the 2R Program. In the revised project, we would 'be responsible for our 20% share of the project cost in the new agreement to be approved by the City Council, that being $50,164.20 plus the projected cost overrun beyond TxDOT's 80% share (:$187,456.80) as the set out in the new agreement. The total cost to the City of the project as it will be designed and bid is estimated to be $280,000. 2 P.R. No.11702 03/14/02 vkl RESOLUTION NO. A RESOLUTION RESCINDING RESOLUTION NO. 00-180 AND AUTHORIZING THE MAYOR OF THE CITY OF PORT ARTHUR TO EXECUTE AN AMENDED LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT IN THE AMOUNT OF $288,570 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMEN¥ OF 32nd STREET FROM 9TM AVENUE TO LOMBARDY DRIVE. FUNDING IS AVAILABLE IN THE FY2002 BUDGET, ACCOUNT NO. 302-1601-691.86-00, CIP 806. WHEREAS, a previous funding agreement with the Texas Department of Transportation for 32r~ Street was approved by Resolution 00-180 in July 2000; and, WHEREAS, the Texas Department of Transportation has submitted an amended Local Transportation Project Advance Funding Agreement for the improvement of 32r~ Street from 9th Avenue to Lombardy Drive; and, WHEREAS, the total project cost for the purpose of this Agreement has been set at $288,570; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT Resolution No. 00-180 be rescinded in its entirety; and, THAT the Mayor be and he is hereby authorized to execute on behalf of the City the amended Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation, attached hereto and made a part hereof as Exhibit and, P.R. No. 11702 Page #2 THAT funding for the cost of the Agreement and any additional funds to be expended by the City are available in the FY2002 Budget, Account No. 302-1601- 591.86-00, CIP 806, or other accounts in which balances exist; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this day of A.D., 2002 at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR: Councilmembers NOES: ATTEST: Mayor Acting City Secretary APPROVED AS TO FORM: ~,C~ty Attomey P.R. No. 11702 Page #3 APPROVED FOR ADMINISTRATION: Steve Fitzgibbons City Manager · Leslie E. McMahen, P.E. ~i~ector of Public Works Rebecca Underhill Finance Director file c:\word~res32ndstamend Exhibit 'A" P.R. No. 11702 STATE OF TEXAS § COUNTY OF TRAVIS § CS J: 0920-38-148 Project Name: 32~d Street Funding Category: CUS LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a CUS - State Urban Street Proiect 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 Pod Arthur, 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 Orders 104479,104774 and 105322 that provide 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. Scope of Work The scope of work for this LPAFA is described as rehabilitating the existing roadway on 32nd Street from 9th Avenue to Lombardy Drive in Port Arthur, Texas. Revised 04/09/01 Page 1 of 6 CS J: 0920-38-148 E~hibit"A" Project Name: 32nd Street Rigl~tRo[C~C~2and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. The State is responsible for the identification and assessment of any environmental problems associated with the development of the project. 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. The Local Government will pay for one hundred percent (100%) of these costs. 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. 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 provided for through amendment of this agreement. d. After execution of this LPAFA, but prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment C as the local contribution for Environmental and Preliminary Engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering as stated in the Local Project Sources and Uses of Funds provision of the Master Agreement. e. 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 and any others costs owing. f. 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. g. If any.exist ng or future local ordinances, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Fede!al Regulations, or any other locally proposed changes, including, but not limited to plats Revised 04/09/0'i Page 2 of 6 CS J: 0920-38-148 E)~ibit"A" Project Name: 32nd Street ~'~'pl~ result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the local entity. The cost of providing such 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 expenses related to relocation, removal, or adjustment of eligible utilities. 13. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision r~quirements 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. 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 ~uch MAFA provision is specifically excepted herein. 15. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THELOCALGOVERNMENT 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: Jennifer D. Soldano, Director Contract Services Office Date: Revised 04/09/01 Page 3 of 6 E~dfibit 'A' P.R. NO. 11702 CS J: 0920-38-148 Project Name: 32nd Street A'I-rACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA Revised 04/09/01 Page 4 of 6 CS J: 0920-38-148 Exhib~'A' Project Name: 32nd Street P.R. No. 11702 ATTACHMENT B PROJECT LOCATION MAP Revised 04/09/01 Page 5 of 6 Exhibit 'A" P.R. 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