HomeMy WebLinkAboutPR 11703: TDOT - GRIFFING DRPUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO
FROM
SUBJECT
DATE
Steve Fitzgibbons, City Manager
Leslie E. McMahen, P.E. Director of Public Works
P.R. #11703
March 15, 2002
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 11703 which would
rescind Resolution 00-184 and would authorize the Mayor to execute an amended Local
Transpodation Project Advance Funding Agreement with the Texas Department of
Transportation for the improvement of Griffing Drive from Highway 347 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 00-184 in July 2000 on
TxDOT's old local agreement form, for a total project cost of $211,100 and City 20%
participation at $42,200 TxDOT 80% participation at $168,900.
The amended Agreement with TxDOT is on their new local agreement form, for a total
project cost of $237,621 and City 20% participation at $50,164.20 and TxDOT's 80%
participation at $187,456.80. The City's share of up front TxDOT costs and construction
inspection is included in this Agreement.
Due to the reduction in the scope and length of the 32"d Street project with TxDOT, we are
recommending a more comprehensive project on Griffing Drive to save this street. We are
planning a project with a cost at or exceeding $420,000 for construction only of the
improvements. The City will be responsible for all construction costs over TxDOT's
participation at $187,456.80, said additional costs being approximately $280,000 for up
front costs, construction and inspection.
BUDGETARY/FISCAL EFFECT
Funds are available in the FY2002 Budget, Account No. 302-1601-591.86-00, ClP 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.
P.R. No. 11703
Page #2
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 11703 which would
rescind Resolution 00-184 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 Griffing Drive from Highway 347 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:\wo rd~ca m griflingdra m end
P.R. No.11703
03/14/02 vkl
RESOLUTION NO.
A RESOLUTION RESCINDING RESOLUTION NO. 00-184
AND AUTHORIZING THE MAYOR OF THE CITY OF PORT
ARTHUR TO EXECUTE AN AMENDED LOCAL
TRANSPORTATION PROJECT ADVANCE FUNDING
AGREEMENT IN THE AMOUNT OF $237,621 WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR THE
IMPROVEMENT OF GRIFFING DRIVE FROM HIGHWAY
347 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 Griffing Drive approved by Resolution 00-184 in July 2000; and,
WHEREAS, the Texas Department of Transportation has submitted an amended
Local Transportation Project Advance Funding Agreement for the improvement of
Griffing Drive from Highway 347 to Lombardy Drive; and,
WHEREAS, the total project cost for the purpose of this Agreement has been set
at $237,621; and,
WHEREAS, the City intends to fund a more comprehensive project and absorb
any applicable costs above TxDOT's 80% share of the $237,621 project, said applicable
costs estimated to be $280,000; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT Resolution No. 00-184 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
P.R. No. 11703
Page #2
Department of Transportation in the amount of $237,621, attached hereto and made a
part hereof as Exhibit "A"; and,
THAT funding for the cost of the Agreement and any additional funds to be
expended by the City in the approximate amount of $280,000 are available in the
FY2002 Budget, Account No. 302-1601-591.86-00, ClP 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:
A'CrEST:
Mayor
Acting City Secretary
P.R. No. 11703
Page #3
APPROVED AS TO FORM:
~.,~ Attorney /
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons
City Manager
Leslie E. McMahen, P.E.
of Public Works
Rebecca Underhill
Finance Director
file c:\word~resGdffingDramend
Exhibit "A'
P.R. No. 11703
STATE OF TEXAS §
COUNTY OF TRAVIS §
CS J: 0920-38-149
Project Name: Griffing Dr.
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 Port 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.
4. Scope of Work
The scope of work for this LPAFA is described as rehabilitating and widening the existing lanes on
Griffing Drive from Lombardy Drive to State Highway 347 in Pod Arthur, Texas.
Revised 04/09/01 Page 1 of 6
Exhibit "A" CSJ: 0920-38-149
P.R. No. 11703 Project Name: Griffing Dr.
5. Right of Way and 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.
o
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,
lO.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 existing or future local ordinances, including, but not limited to, outdoor advertising
billboards or storm water drainage facility requirements, are more restrictive than State or
Fader, al Regulations, or any other locally proposed changes, including, but not limited to plats
Revised 04/09/01 Page 2 of 6
Exhibit'A' CS J: 0920-38'149
P.R. No. 11703 Project Name: Griffing Dr.
or replats, 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 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.
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.
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:
Jennifer D. Soldano, Director
Contract Services Office
Date:
Revised 04/09/01
Page 3 of 6
Exhibit
P.R. No. 11703
CSJ: 0920-38-149
Project Name: Griffing Dr.
· , ATrACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
Revised 04/09/01
Page 4 of 6
Exhibit 'A"
P.R. NO. 11703
ATTACHMENT B
PROJECT LOCATION MAP
CSJ: 0920-38-149
Project Name: Griffing Dr.
Revised 04/09/01
Page 5 of 6
E~dlibit 'A'
P.R. No. 11703
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