HomeMy WebLinkAboutRES 012820-P - TxDot Fund Agrmt.RESOLUTION NO. Q ( MO 2-0 — 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS AUTHORIZING THE MAYOR TO SIGN THE
FIRST AMENDMENT TO THE ADVANCE FUNDING AGREEMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATED
TO THE NORTH AND SOUTH AUSTIN AVENUE BRIDGES PROJECT.
WHEREAS, the Texas Transportation Commission passed Minute Order Number 114335 authorizing
the State to undertake and complete a highway improvement generally described as "reconstruction of the
North and South Austin Avenue bridges from 2" d Street to Morrow Street, Georgetown, Texas" (the
"Project"), and
WHEREAS, the term "reconstruct," as it relates to the Project, means replacement, rehabilitation,
preservation, protection, and/or anti-icing/deicing for bridges and tunnels on a public road, and
WHEREAS, as part of the administration of the Project, the Capital Area Metropolitan Planning
Organization, by Resolution Number 2014-11-4, awarded the City of Georgetown a total of $1,2199,174 in
Surface Transportation Program Metropolitan Mobility (STP-MM) for the Project, and
WHEREAS, in order to determine which alternative best serves the interests of the citizens of
Georgetown, the City supports a study of alternatives including the following (1) do nothing, (2) alternative
alignment, (3) maintenance, (4) rehabilitation/preservation and/or (5) replacement through a public
involvement process which is also a requirement of the National Environmentally Policy Act (NEPA), and
WHEREAS, The Texas Department of Transportation (TxDOT) works with the Federal Highway
Administration (FHWA) and other federal agencies to comply with NEPA and uses the TxDOT environmental
compliance process for state and local projects, where TxDOT is the state approval authority, and
WHEREAS, the Advance Funding Agreement between TxDOT and the City allocate funds including
a City contribution of $142,000 for the design and construction of the Project and is required for TxDOT
approval.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN
TEXAS:
SECTION ONE. The facts and recitations contained in the preamble of this resolution are hereby found and
declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as
if copied verbatim.
100011062 / v / / LEGAL / RESOLUTIONS / 1/3/20201
Resolution No. Df, It 2. v — Page 1 of 2
Description: First Amendment to Advanced Funding Agreement - South Austin Avenue Bridges Project
Date Approved: D1 I Z$,�?-.210
SECTION TWO. The City Council of the City of Georgetown finds it to be in the best interest of the citizens of
Georgetown to enter into the First Amendment to the Advance Funding Agreement with TxDOT related to the
reconstruction of the North and South Austin Avenue bridges from 2"`t Street to Morrow Street.
SECTION THREE. The Mayor is hereby authorized to sign this Resolution and the First Amendment to the
Advance Funding Agreement and the City Secretary to attest thereto on behalf of the City.
SECTION FOUR. This Resolution shall become effective immediately upon adoption.
PASSED AND APPROVED on the day of,�c 2020.
ATTEST: CITY OF GEORGETOWN, TEXAS
- "71(4 — By: ' "
Robyn Denst re, City Secretary Dale Ross, Mayor
APPROVE FORM:
Charlie McNabb, City Attorney
{00011062 / v / / LEGAL / RESOLUTIONS / 1/3/20201
Resolution No. 01228 10 _ Page 2 of 2
Description: First Amendment to Advanced Funding Agreement - South Austin Avenue Bridges Project
Date Approved:
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ #0914-05-187
District # 14-AUS
Code Chart 64 #16000
Project: North and South Austin Ave.
Bridges
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
ADVANCE FUNDING AGREEMENT
AMENDMENT #1
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the State, and City of Georgetown, acting by and through its
duly authorized officials, called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on April 26t" of 2016 to
effectuate their agreement to undertake and complete a highway improvement generally described as
Reconstruct the North and South Austin Avenue bridges from 2"d Street to Morrow Street,
Georgetown, Texas called the "Project"; and,
WHEREAS, it has become necessary to amend that contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, the State and the Local Government do agree as follows:
AGREEMENT
1. Description of Amended Items
a. Article 8 Environmental Assessment and Mitigation is deleted in its entirety and replace with
the following:
8. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental Policy
Act and the National Historic Preservation Act of 1966, which require environmental clearance
of federal -aid projects.
A. The Local Government is responsible for:
1) identification and assessment of any environmental problems associated with the
development of a local project governed by this agreement; except for natural resource
studies related to karst invertebrate and salamanders in the project area.
2) the cost of any environmental problem's mitigation and remediation.
AFA Amend Page 1 of 9 Revised 02/20/2019
CSJ #0914-05-187
District # 14-AUS
Code Chart 64 #16000
Project: North and South Austin Ave.
Bridges
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
3) providing any public meetings and public hearings required for the development of the
environmental assessment. Public hearings will not be held prior to the approval of a
project schematic.
4) the preparation of the NEPA documents required for the environmental clearance of this
Project;
5) shall provide to the State written documentation form the appropriate regulatory agency or
agencies that all environmental clearances have been obtained.
B. The State will perform environmental services to assist with the environmental assessment
and mitigation as relates to the requirements from United States Fish and Wildlife Service
(USFWS).
b. Article 10. Compliance with Texas Accessibility Standards and ADA is deleted in its
entirety and replace with the following
10. Compliance with Texas Accessibility Standards: All parties to this Agreement shall
ensure that the plans for and the construction of all projects subject to this Agreement are in
compliance with standards issued or approved by the Texas Department of Licensing and
Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the
Americans with Disabilities Act (P.L. 101-336) (ADA)
c. Article 13. Right of Way and Real Property is deleted in its entirety and replace with the
following
13. Right of Way and Real Property: The Local Government shall be responsible for the
following:
A. Right of way and real property acquisition shall be the responsibility of the Local Government.
Title to right of way and other related real property must be acceptable to the State before funds
may be expended for the improvement of the right of way or real property.
B. If the Local Government is the owner of any part of the Project site under this Agreement, the
Local Government shall permit the State or its authorized representative access to occupy the
site to perform all activities required to execute the work.
C. All parties to this Agreement will comply with and assume the costs for compliance with all the
requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those
provisions relating to incidental expenses incurred by the property owners in conveying the real
property to the Local Government and benefits applicable to the relocation of any displaced
person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must
be maintained and made available to the State and its representatives for review and
inspection.
D. The Local Government shall assume all costs and perform necessary requirements to provide
any necessary evidence of title or right of use in the name of the Local Government to the real
property required for development of the Project. The evidence of title or rights shall be
acceptable to the State, and be free and clear of all encroachments. The Local Government
shall secure and provide easements and any needed rights of entry over any other land needed
to develop the Project according to the approved Project plans. The Local Government shall be
responsible for securing any additional real property required for completion of the Project.
AFA Amend Page 2 of 9 Revised 02/20/2019
CSJ #0914-05-187
District # 14-AUS
Code Chart 64 #16000
Project: North and South Austin Ave.
Bridges
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
E. In the event real property is donated to the Local Government after the date of the State's
authorization, the Local Government will provide all documentation to the State regarding fair
market value of the acquired property. The State will review the Local Government's appraisal,
determine the fair market value and credit that amount towards the Local Government's
financial share. If donated property is to be used as a funding match, it may not be provided by
the Local Government. The State will not reimburse the Local Government for any real property
acquired before execution of this Agreement and the obligation of federal spending authority.
F. The Local Government shall prepare real property maps, property descriptions, and other data
as needed to properly describe the real property and submit them to the State for approval prior
to the Local Government acquiring the real property. Tracings of the maps shall be retained by
the Local Government for a permanent record.
G. The Local Government agrees to make a determination of property values for each real property
parcel by methods acceptable to the State and to submit to the State a tabulation of the values
so determined, signed by the appropriate Local Government representative. The tabulations
shall list the parcel numbers, ownership, acreage and recommended compensation.
Compensation shall be shown in the component parts of land acquired, itemization of
improvements acquired, damages (if any) and the amounts by which the total compensation will
be reduced if the owner retains improvements. This tabulation shall be accompanied by an
explanation to support the determined values, together with a copy of information or reports
used in calculating all determined values. Expenses incurred by the Local Government in
performing this work may be eligible for reimbursement after the Local Government has
received written authorization by the State to proceed with determination of real property values.
The State will review the data submitted and may base its reimbursement for parcel acquisitions
on these values.
K Reimbursement for real property costs will be made to the Local Government for real property
purchased in an amount not to exceed eighty percent (80%) of the cost of the real property
purchased in accordance with the terms and provisions of this Agreement. Reimbursement will
be in an amount not to exceed eighty percent (80%) of the State's predetermined value of each
parcel, or the net cost of the parcel, whichever is less. In addition, reimbursement will be made
to the Local Government for necessary payments to appraisers, expenses incurred in order to
assure good title, and costs associated with the relocation of displaced persons and personal
property as well as incidental expenses.
I. If the Project requires the use of real property to which the Local Government will not hold title,
a separate agreement between the owners of the real property and the Local Government must
be executed prior to execution of this Agreement. The separate agreement must establish that
the Project will be dedicated for public use for a period of not less than 10 (ten) years after
completion. The separate agreement must define the responsibilities of the parties as to the
use of the real property and operation and maintenance of the Project after completion. The
separate agreement must be approved by the State prior to its execution. A copy of the
executed agreement shall be provided to the State.
d. Article 23. Procurement and Property Management Standards is deleted in its entirety and
replace with the following:
23. Procurement and Property Management Standards: The parties to this Agreement shall
adhere to the procurement and property management standards established in 2 CFR 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, and to the Texas Uniform Grant Management Standards. The State must pre-
AFA Amend Page 3 of 9 Revised 02/20/2019
CSJ #0914-05-187
District # 14-AUS
Code Chart 64 #16000
Project: North and South Austin Ave.
Bridges
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
approve the Local Government's procurement procedures for purchases to be eligible for state
or federal funds.
e. Article 22 Inspection of Books and Record is deleted in its entirety and replace with the
22. Inspection of Books and Record: The parties to this Agreement shall maintain all books,
documents, papers, accounting records, and other documentation relating to costs incurred
under this Agreement and shall make such materials available to the State, the Local
Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General
or their duly authorized representatives for review and inspection at its office during the
Agreement period and for seven (7) years from the date of final reimbursement by FHWA
under this Agreement or until any impending litigation or claims are resolved. Additionally, the
State, the Local Government, and the FHWA and their duly authorized representatives shall
have access to all the governmental records that are directly applicable to this Agreement for
the purpose of making audits, examinations, excerpts, and transcriptions.
f. Article 23 Civil Rights Compliance is deleted in its entirety and replace with the following:
23. Civil Rights Compliance: The parties to this Agreement are responsible for the following:
A. Compliance with Regulations: Both parties will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S.
Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they
may be amended from time to time, which are herein incorporated by reference and made part
of this Agreement.
B. Nondiscrimination: The Local Government, with regard to the work performed by it
during the Agreement, will not discriminate on the grounds of race, color, or national origin in
the selection and retention of subcontractors, including procurement of materials and leases of
equipment. The Local Government will not participate directly or indirectly in the discrimination
prohibited by the Acts and the Regulations, including employment practices when the
Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the Local Government for
work to be performed under a subcontract, including procurement of materials or leases of
equipment, each potential subcontractor or supplier will be notified by the Local Government of
the Local Government's obligations under this Agreement and the Acts and Regulations
relative to Nondiscrimination on the grounds of race, color, or national origin.
D. Information and Reports: The Local Government will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit
access to its books, records, accounts, other sources of information, and facilities as may be
determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts,
Regulations or directives. Where any information required of the Local Government is in the
exclusive possession of another who fails or refuses to furnish this information, the Local
Government will so certify to the State or the FHWA, as appropriate, and will set forth what
efforts it has made to obtain the information.
AFA Amend Page 4 of 9 Revised 02/20/2019
CSJ #0914-05-187
District # 14-AUS
Code Chart 64 #16000
Project: North and South Austin Ave.
Bridges
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance
with the Nondiscrimination provisions of this Agreement, the State will impose such contract
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
1. withholding of payments to the Local Government under the Agreement until the Local
Government complies and/or
2. cancelling, terminating, or suspending of the Agreement, in whole or in part.
F. Incorporation of Provisions: The Local Government will include the provisions of
paragraphs (A) through (F) in every subcontract, including procurement of materials and
leases of equipment, unless exempt by the Acts, the Regulations and directives issued
pursuant thereto. The Local Government will take such action with respect to any subcontract
or procurement as the State or the FHWA may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the Local Government becomes
involved in, or is threatened with, litigation with a subcontractor or supplier because of such
direction, the Local Government may request the State to enter into such litigation to protect
the interests of the State. In addition, the Local Government may request the United States to
enter into such litigation to protect the interests of the United States.
g. Article 24.0 is deleted in its entirety and replace with the following
C. The Local Government shall incorporate into its contracts with subproviders an appropriate
DBE goal consistent with the State's DBE guidelines and in consideration of the local market,
project size, and nature of the goods or services to be acquired. The Local Government shall
submit its proposed scope of services and quantity estimates to the State to allow the State to
establish a DBE goal for each Local Government contract with a subprovider. The Local
Government shall be responsible for documenting its actions.
h. Article 28. Debarment Certifications is deleted in its entirety and replace with the following
28. Debarment Certifications: If federal funds are used, 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 and its principals are 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, to include principals, 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 Agreement
shall require any party to a subcontract or purchase order awarded under this Agreement to
certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy
of the certification.
If state funds are used, the parties are prohibited from making any award to any party that is
debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G,
Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G.
AFA Amend Page 5 of 9 Revised 02/20/2019
CSJ #0914-05-187
District # 14-AUS
Code Chart 64 #16000
Project: North and South Austin Ave.
Bridges
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
Article 29 Single Audit Report is deleted in its entirety and replace with the
29. Single Audit Report: If federal funds are used:
A. The parties shall comply with the single audit report requirements stipulated in 2 CFR 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards.
B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local
Government must submit a Single Audit Report and Management Letter (if applicable) to
TxDOT's Compliance Division, 125 East 11 th Street, Austin, TX 78701 or contact
TxDOT's Compliance Division by email at singleaudits@txdot.gov.
C. If expenditures are less than the threshold during the Local Government's fiscal year, the
Local Government must submit a statement to TxDOT's Compliance Division as follows:
"We did not meet the $ expenditure threshold and therefore, are not required to
have a single audit performed for FY "
D. For each year the Project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above. The
required annual filing shall extend throughout the life of the Agreement, unless otherwise
amended or the Project has been formally closed out and no charges have been incurred
within the current fiscal year.
Article 31 is added as follows;
31. Pertinent Non -Discrimination Authorities: During the performance of this Agreement,
each party, for itself, its assignees, and successors in interest agree to comply with the
following nondiscrimination statutes and authorities; including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of federal or federal -aid programs and projects).
C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits
discrimination on the basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27.
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color, national origin, or
sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
the terms "programs or activities" to include all of the programs or activities of the
AFA Amend Page 6 of 9 Revised 02/20/2019
CSJ #0914-05-187
District # 14-AUS
Code Chart 64 #16000
Project: North and South Austin Ave.
Bridges
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
federal -aid recipients, subrecipients and contractors, whether such programs or activities
are federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on
the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R.
parts 37 and 38.
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures nondiscrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, the parties must take reasonable steps to ensure that LEP persons have
meaningful access to the programs (70 Fed. Reg. at 74087 to 74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties
from discriminating because of sex in education programs or activities (20 U.S.C. 1681
et seq. ).
k. Attachment C PROJECT BUDGET is deleted in its entirety and replace with Attachment C-1
PROJECT BUDGET which is attached to and made part of this amendment.
All other provisions of the original contract are unchanged and remain in full force and effect.
2. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
AFA Amend Page 7 of 9 Revised 02/20/2019
CSJ #0914-05-187
District # 14-AUS
Code Chart 64 #16000
Project: North and South Austin Ave.
Bridges
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
Each party is signing this amendment on the date stated under that party's signature.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
Date
THE STATE OF TEXAS
Kenneth Stewart
Director of Contract Services
Texas Department of Transportation
Date
AFA Amend Page 8 of 9 Revised 02/20/2019
CSJ #0914-05-187
District # 14-AUS
Code Chart 64 #16000
Project: North and South Austin Ave.
Bridges
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
ATTACHMENT C-1
PROJECT BUDGET
Construction costs will be allocated based on 18% Federal funding and 82% Local Government
funding until the Federal funding reaches the maximum obligated amount. The Local Government
will then be responsible for 100% of the construction costs. The State will be responsible for a portion
of Environmental phase as indicated on the table below, the Local Government will pay the State
Direct Costs.
Total
Federal
State
Local
Description
Estimated
Participation
Participation
Participation
%
Cost
%
Cost
%
Cost
Cost
Engineering (by Local
$347,900
o
0 /o
$0
0%
$0
100%
$347 900
Government)
I
Environmental (by
Local -limited re: Article
$142,000
0%
$0
0%
$0
100%
$142,000
8.A
Construction (by Local
$7,100,000
o
18 /o
$1,299,174
°
0 /o
$0
°
82 /°
$5,800,826
Government)
Subtotal
$7,589,900
$1,299,174
$0
$6,290,726
Environmental Direct
$71,000
0%
$0
0%
$0
100%
$71,000
State Costs
Right of Way Direct
$35,500
0%
$0
0%
$0
100%
$35,500
State Costs
Engineering Direct State
$142,000
0%
$0
0%
$0
100%
$142,000
Costs
Utility Direct State Costs
$35,500
0%
$0
0%
$0
100%
$35,500
Construction Direct
$497,000
0%
$0
0%
$0
100/o °
$497,000
State Costs
Indirect State Costs
$404,542
0%
$0
0%
$404,542
0%
$0
5.33%
TOTAL
$8,775,442
$1,299,174
$404,542
$7,071,726
Initial payment by the Local Government to the State $142,000 has been received.
Payment by the Local Government to the State before construction: $639,000
Estimated total payment by the Local Government to the State $781,000. This is an estimate. The
final amount of Local Government participation will be based on actual costs.
AFA Amend Page 9 of 9 Revised 02/20/2019