HomeMy WebLinkAboutCity Council Resolutions (R-11-3362)-07/25/2011RESOLUTION R-11-3362
!' A RESOLUTION APPROVING THE LOCAL TRANSPORTATION PROJECT
~
ADVANCE FUNDING AGREEMENT BETWEEN THE TEXAS DEPARTMENT OF
' TRANSPORTATION AND THE CITY OF COLLEYVILLE REGARDING FUNDING FOR
THE RECONSTRUCTION OF COLLEYVILLE BOULEVARD (SH26) FROM
BRUMLOW/POOL ROAD IN THE CITY OF GRAPEVINE TO 1,000 FEET SOUTH OF
JOHN MCCAIN ROAD IN THE CITY OF COLLEYVILLE
WHEREAS, the Texas Department of Transportation and the City of Colleyville have
entered into an agreement for funding the reconstruction of Colleyville
Boulevard (SH26) from Brumlow/Pool Road in the City of Grapevine to John
McCain Road in Colleyville; and
WHEREAS, a Master Agreement Governing Local Transportation Project Advance
Funding Agreements between the Texas Department of Transportation and
the City of Colleyville has been adopted, effective April 17,2000, and states
the general terms and conditions for transportation project development
through this Local Transportation Project Advance Funding Agreement; and
WHEREAS, the amount of funding provided by the City of Colleyville will be limited to the
fixed amount of $5,070,000 as identified in Attachment C; and
WHEREAS, this agreement shall take effect upon full execution of a Local Project
Advance Funding Agreement between all said parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the Local Project Advance Funding Agreement, attached as Exhibit
"A", is hereby approved.
AND IT IS SO RESOLVED.
APPROVED BY~ VOTE OF ~AYES, ~Z NAYS AND ~ ABSTENTIONS ON
THIS THE ~~ rn DAY OF 2011.
~
ATTES .
, a.~
ynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
~~~~~~
David Kelly
Mayor
CSJ #363-O1-136
District # 02-Fort Worth
Code Chart 64 #09100
Project: SH 26
Federal Highway Administrataon
CFDA #20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For an STP-MM Project
(On State System)
THIS Local Project Advance Funding Agreement (LPAFA) is made by and befinreen the State ~f
Texas, acting by and through the Texas Department of Transportation, calied the "State°, and th~ C~
of Collevville, acting by and through its duly authorized officials, called the "Local Governme~t."
WITNESSETH
WHEREAS, a Master Agreement Governing Local Transportation Project Advance Funding
Agreements (MAFA) between the Local Government and the State has been adopted, effectiv~ ~,~r°ol
17, 2000, and states the general terms and conditions for transportation projects developed thr~a~~g~
this LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 112237 that provides for th~
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 to and made a part of this agreement as Attachment A for
development of the specific project, which is identified in the location map shown as Attachm~~~ k~a
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agree~ ~s
follows:
AGREEMENT
1. Period of the Agreement
The period of this LPAFA is as stated in the MAFA, without exception.
2. Termination of this LPAFA
Termination of this LPAFA shall be under the conditions as stated in the MAFA, without ex~epta~n,
and may be terminated by the State if the project is inactive for 36 months or longer and no
expenditures have been charged against federal funds.
3. Amendments
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 the wideninq of SH 26 fr~m
Brumlow/Pool to John McCain from 4 lanes to 6 lanes includinq Curb, Gutter, Storm Sewer. Brid~s~,
and Upqradinq the siqnal system.
AFA-LPAFA_OnSys Page 1 of 8 Revised 03/01/11
CSJ #363-O1-136
District # 02-Fort Worth
Code Chart 64 #09100
Project: SH 26
Federal Highway Administratior~
CFDA #20.205
Not Research and Development
5. Right of Way and Real Property
Right of Way and Real Property shall be acquired under one of the following procedures (cfieck
either A. or B.):
A. X 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 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 shaA 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 b~
based on the property's fair market value established as of the effective date of this LPAFA. Th~
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 inciude 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 project~.
In the event the Local GovernmenYs 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.
AFA-LPAFA_OnSys Page 2 of 8 Revised 03/01/11
CSJ #363-O1-136
District # 02-Fort Worth
Code Chart 64 #09100
Project: SH 26
Federal Highway Administc~ti~r~
CFDA #20.205
Not Research and Development
7. Utilities
Adjustment of eligible utilities and payment of costs associated with such adjustment shall be
provided by X the State (or) Local Government (check the applicable partv) and shall be
in accordance with provisions set forth in the MAFA.
8. Environmental Assessment and Mitigation
Environmental Assessment and Mitigation witl be carried out as stated in the Master Agreement,
without exception.
9. Compliance with Texas Accessibility Standards and ADA
Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (A~~~ ~+i~l
be as stated in the MAFA, without exception.
10. Architectural and Engineering Services
Architectural and Engineering Services will be provided by the State, as stated in the MAF~ ~
without exception. The State is responsible for performance of any required architectur~l ~~
preliminary engineering work. For projects on the state highway system, the design shall, ~~1 ~
minimum conform to applicable State manuals. The Local Government may review and c~a~?r~~~~~
on the work as required to accomplish the public purposes of the State. The State
will cooperate fully with the Local Government in accomplishing these local public purposes ~~ ~h~
degree permitted by State and Federal law.
11. Construction Responsibilities
Construction Responsibilities will be carried out by the State, as stated in the MAFA, witho~~~
exception.
12. Project Maintenance
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 perforra~aed
before the issuance of a formal Letter of Authority by the Federal Highway Administrati~n.
After federal funds have been obligated, the State will send to the Local Government a copy
of the formal documentation showing the obligation of funds including federal award
information. The Local Government is responsible for 100% of the cost of any work
performed under its direction or control before the Federal spending 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 cnrnplete
training before a letter of authority is issued. Training is complete when at least one indivadual
who is working actively and directly on the Project successfully completes and receives ~
certificate for the course entitled Loca! Government Project Procedures Qualification for~ .th~
Texas Departmenf 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 ~he
Local Government to perform oversight of the Project. The State in its discretion may ~feny
reimbursement if the Local Government has not designated a qualified individual to oversee
AFA-LPAFA_OnSys Page 3 of 8 Revised 031Q1/11
CSJ #363-O1-136
District # 02-Fort Worth
Code Chart 64 #09100
Project: SH 26
Federal Highway Administratiori
CFDA #20.205
Not Research and Development
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 ~r~y
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 Departmer~t ~~
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 sto~m 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. 98-5U2,
ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133.
J. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. !f funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
K. The Local Government is authorized to submit requests for reimbursement no later than
AFA-LPAFA_OnSys Page 4 of 8 Revised 03/01/11
CSJ #363-01-136
District # 02-Fort Worth
Code Chart 64 #09100
Project: SH 26
Federal Highway Administratioz~
CFDA #20.205
Not Research and Development
ninety (90) days after costs are incurred. If the Local Government submits invoices more than
ninety (90) days after the costs are incurred, and if federal funding is reduced as a resul#, #h~
State shall have no responsibility to reimburse the Local Government for those costs.
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 Microsoft0 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 forc~s c~r
by hiring a consultant or professional provider. At the request of the State, the Local Goverr~rr~~~t
shall submit any information required by the State in the format directed by the State.
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 accepted in this agreement. Any conflict between the terms of the MAFA and thi~
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 ~
fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existenc~ ~f
coverage in the amounts and types specified on the Certificate of Insurance for all persons ~r~~
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 and further certifies that it will not do business with any party that is
currently debarred, suspended, or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549. The parties to this contract sh~ll
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. Cost Principles and Office of Management and Budget (OMB) Audit Requirements
AFA-LPAFA_OnSys - Page 5 of 8 Revised 03/0~111
CSJ #363-01-136
District # 02-Fort Worth
Code Chart 64 #09100
Project: SH 26
Federai Highway Administration
CFDA #20.205
Not Research and Development
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable,
and allocable to the Project.
19. Civil Rights Compliance
The Local Government shall comply with the regulations of the Department of Transportation as
they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order
11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and
supplemented in the Department of Labor Regulations (41 CFR Part 60).
20. Disadvantaged Business Enterprise (DBE) Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise Program
requirements established in 49 CFR Part 26.
A. Each financial assistance agreement signed by the Local Government and a DOT
operating administration (or a primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color, national origin, or sex iro ~h~
award and performance of any DOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR part 26. The recipient shall take all necessary and
reasonable steps under 49 CFR part 26 to ensure non-discrimination in the award and
administration of DOT-assisted contracts. Ttie recipient's DBE program, as required by 4~
CFR part 26 and as approved by DOT, is incorporated by reference in this Agreement.
Implementation of this program is a legal obligation and failure to carry out its terms sha~l b~
treated as a violation of this Agreement. Upon notification to the recipient of its failure to
carry out its approved program, the Department may impose sanctions as provided for
under part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
B. Each contract the Local Government signs with a contractor (and each subcontract the
prime contractor signs with a sub-contractor) must include the following assurance:
The contractor, sub-recipient or sub-contractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall car~y ~u~
applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted
contracts. Failure by the contractor to carry out these requirements is a material breacka ~f
this contract, which may resul# in the termination of this contract or such other remedy ~~ ~~~
recipient deems appropriate.
21. Federal Funding Accountability and Transparency Act Requirements
A. Any recipient or sub-recipient of funds under this Agreement agrees to comply with the
Federal Funding Accountability and Transparency Act (FFATA) and implementing
regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the
following award terms: http://edocket.access.qpo.qov/2010/pdf/2010-22705.pdf and
http://edocket. access.q po. Qov/2010/pdf/2010-22706. pdf
B. sub-awards greater than $25,000, the Local Government, as a recipient of federal funding,
_ AFA-LPAFA_OnSys Page 6 of 8 Revised 03/01/11
CSJ #363-01-136
District # 02-Fort Worth
Code Chart 64 #09100
Project: SH 26
Federal Highway Administration
CFDA #20.205
Not Research and Development
agrees that it shall:
1. Obtain and provide to the State and theFfederal government, a Central Contracting
Registry (CCR) number with the Federal government (Federal Acquisition Regulation,
Part 4, Sub-part 4.1100). The CCR number may be obtained by visiting the CCR web
site whose address is: https://www.bpn.qov/ccr/default.aspx ;
2. Obtain and provide to the State and the federal government, a Data Universal
Numbering System or DUNS number, a unique nine-character number that allows the
federal government to track the distribution of federal money. The DUNS number may
be requested free of charge for all businesses and entities required to do so by visiting
the Dun & Bradstreet (D&B) on-line registration website http://fedaov.dnb.com/webform;
and
3. Report the total compensation and names of its top executives to the State and federal
government if:
(i.) more than 80% of annual gross revenues are from the Federal government, and
those revenues are greater than $25,000,000 annually; and
(ii.) Compensation information is not already available through reporting to the U.S.
Securities and Exchange Commission (SEC).
22. Single Audit Report
A. The Local Government is required to comply with federal (OMB A-133) and/or state (State of
Texas Single Audit Circular) requirements.
B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal
year ending, the Local Government must submit a Single Audit Report and Management
Lette~ (if applicable) to TxDOT's Audit Office, 125 East Eleventh Street, Austin, TX 78701 ~r
via e-mail to Virgie.Rodriquez(a~TxDOT.aov
C. If expenditures are less than $500,000 during the Local Government's fiscal year ending, the
Local Government must submit a statement toTxDOT's Audit Office as follows: "We did not
meet the $500,000 expenditure threshold and therefore, are not required to have a single
audit performed for FY "
23. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this
Agreement on behalf of the party represented.
24. Special Provisions
N/A
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate
counterparts.
AFA-LPAFA_OnSys Page 7 of 8 Revised 03/01111
CSJ #363-O1-136
District # 02-Fort Worth
Code Chart 64 #09100
Project: SH 26
Federal Highway Administra~~on
CFDA #20.205
Not Research and Development
THE LOCAL GOVERNMENT
By:
Printed Name
Title:
Date:
Y 1 7 2011
~pproved
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission ~or ~~~
purpose and effect of activating and/or carrying out the orders, established policies or work pragr~~s~~
heretofore approved and authorized by the Texas Transportation Commission.
By:
anice Mullenix
Director of Contract Services
Texas Department of Transportation
Date: ~ _/
Colieyville City Council
AFA-~PAFA_OnSys Page 8 of 8 Revised 03/01 i~ 1
.2 //
CSJ #363-01-136
District # 02-Fort Worth
Code Chart 64 #09100
Project: SH 26
Federal Highway Adminxstr~t~c~z~
CFDA #20.205
Not Research and Develc~~pnae~t
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
SEE ATTACHED
AFA-LPAFA_OnSys Page 1 of 1 Revised 10/11/10 _Att~~h~a~r~t ~,
RESOLUTION R-11-3362
A RESOLUTION APPROVING THE LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT BETWEEN THE TEXAS DEPARTMENT OF
TRANSPORTATION AND THE CITY OF COLLEYVILLE REGARDING FUNDING FOR
THE RECONSTRUCTION OF COLLEYVILLE BOULEVARD (SH26) FROM
BRUMLOW/POOL ROAD IN THE CITY OF GRAPEVINE TO 1,000 FEET SOUTH OF
JOHN MCCAIN ROAD IN THE CITY OF COLLEYVILLE
WHEREAS, the Texas Department of Transportation and the City of Colleyvilie have
entered into an agreement for funding the reconstruction of Colleyville
Boulevard (SH26) from Brumlow/Pool Road in the City of Grapevine to John
McCain Road in Colleyville; and
WHEREAS, a Master Agreement Governing Local Transportation Project Advance
Funding Agreements between the Texas Department of Transportation and
the City of Colleyville has been adopted, effective April 17,2000, and states
the general terms and conditions for transportation project development
through this Local Transportation Project Advance Funding Agreement; and
WHEREAS, the amount of funding provided by the City of Colleyville will be limited to the
fixed amount of $5,070,000 as identified in Attachment C; and
WHEREAS, this agreement shall take effect upon full execution of a Local Project
Advance Funding Agreement between all said parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the Local Project Advance Funding Agreement, attached as Exhibit
"A", is hereby approved.
AND IT IS SO RESOLVED.
APPROVED BY~/~VOTE OF ~ AYES, ~_ NAYS AND D ABSTENTIONS ON
THIS THE f~ DAY OF 2011.
CITY OF COLLEYVILLE
~~
~~c~-~-~~---
~
David Kelly
Mayor
City Secretary
CSJ #363-O1-136
District # 02-Fort Worth
Code Chart 64 #09100
Project: SH 26
Federal Highway Administrax~~n
CFDA #20.205
Not Research and Development
ATTACHMENT B
PROJECT LOCATION MAP
SEE ATTACHED
AFA-LPAFA OnSys Page 1 of 1 Revised 10/11/10 Attachment B
CSJ #363-01-136
District # 02-Fort Worth
Code Chart 64 #09100
Project: SH 26
Federal Highway Administration
CFDA #20.205
Not Research and Development
ATTACHMENT C
BUDGET ESTIMATE AND SOURCE OF FUNDS
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Local funds are fixed
Total Payment by Local Government to State $5,070,000.00
AFA-LPAFA OnSys Page 1 of 1 Revised 10/11/10 Attachment C