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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. 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