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6.3 East Magnolia Improvement Federal Funds ExchangeCITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 8/19/2013 4:00 P.M. AGENDA SECTION 6 ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: tl;,- PUBLIC WORKS ITEM 3 FINAL APPROVAL: NO: Page 1 BY: Daniel R. Stack BY: ITEM: Resolution No. 13 -7040 1. Authorize the Mayor to sign an agreement with the Kansas Department of Transportation (KDOT) to exchange federal funds for the East Magnolia Improvements. 2. Authorize the City Manager to sign a request from KDOT to exchange 2013 federal funds for the East Magnolia Improvements, City Project No. 10 -2808 BACKGROUND: On August 26, 2009, KDOT informed the City of Salina that $1.4 million had been authorized for the East Magnolia Improvements, subject to federal funding being available. On February 3, 2011, KDOT and City staff conducted a City Commission Study Session to discuss this new federal funds exchange program (90/10 split). On September 12, 2011, February 27, 2012, February 4, 2013, and April 1, 2013 the City Commission authorized the City Manager to sign the requests to exchange 2011, 2012, and 2013 federal funds for the East Magnolia Improvements. Attached is a summary of funds exchanged and reimbursed thus far. Many Local Public Agencies (LPA) find the rules and requirements of the federal transportation dollars they receive annually to be overly restrictive, cumbersome, and costly to administer. Although these funds help cities and counties construct major projects, they often fall short of helping them address many important problem areas in their transportation systems. This new program was established to provide the LPAs the option to "sell" their federal funds to KDOT in exchange for state dollars. This voluntary program benefits the local agency by allowing them to build their projects with less KDOT /Federal Highway Administration oversight in exchange for 10% of the reimbursement. The agreement pertains to the 2013 allotment of $209,143.44 (October 1, 2012 to March 31, 2013) of federal funds to be applied to this project. Similar agreements have been presented for the Mayor's signature for past year allotments. The attached agreement details the terms of the arrangement. The agreement has been reviewed and approved by the City Attorney. The current request is for $252,664.53 of federal dollars now available (April 1, 2013 to September 30, 2013) for federal fiscal year 2013. KDOT will follow this action by sending the City an agreement for the Mayor's signature. These annual allotments will continue to be applied to East Magnolia through the end of 2013. FISCAL NOTE: For this exchange program, State funds are paid on a reimbursement basis as the Local Public Agencies (LPA) incurs costs. The total project cost at this time is $3,499,958. The approved Capital Improvement Program includes selling bonds to finance the balance of the project costs of $2,239,958. CONFORMANCE WITH STRATEGIC PLAN: Goal #3: The City will provide the highest quality of services, consistent with governing body direction, available resources and staff commitment to quality. AGENDA SECTION NO: ITEM NO: Page 2 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 8/19/2013 4:00 P.M. ORIGINATING DEPARTMENT PUBLIC WORKS BY: Daniel R. Stack FISCAL APPROVAL: BY: FINAL APPROVAL: BY: Goal #6: The City will work to make Salina a city that has connectivity physically and socially. COMMISSION ACTION OR RECOMMENDED ACTION: Staff has identified the following options for Commission consideration and recommends Option 1: 1. Approve Resolution 13 -7040 authorizing the Mayor to sign an agreement with the KDOT to exchange federal funds and authorizing the City Manager to sign the request from KDOT to exchange 2013 federal funds for the East Magnolia Improvements, City Project No. 10 -2808. 2. Provide another option or give further direction to staff. Attachments: Agreement (October 1, 2012 to March 31, 2013 funds) Signed Request to Exchange Federal Funds 2013 Exchange request form (April 1, 2013 to September 30, 2013 funds) Previous blue sheet from 9/12/2011 Summary of funds available and reimbursed PROJECT NO. 85 U- 0077 -13 FUND EXCHANGE CITY OF SALINA, KANSAS AGREEMENT Agreement No. 136 -13 This Agreement is between MICHAEL S. KING, Secretary of Transportation, Kansas Department of Transportation (KDOT) (the "Secretary ") and the CITY OF SALINA, KANSAS (the "City "). RECITALS: A. Secretary has authorized a Federal Fund Exchange Program under which local units of government may exchange some or all of the Federal Funds allotment by KDOT to the local unit in a specific federal fiscal year for State Funds allocated to Secretary. B. City desires to exchange all or a portion of City's annual allotment of Federal Funds for State Funds at the Exchange Rate or to bank all or a portion of its annual allotment, such amount to be used in the future for either a Federal -Aid Project or exchanged for State Funds at the Exchange Rate. C. Secretary and City are empowered by the laws of Kansas to enter into agreements incident to the financing, construction, and maintenance of city roads utilizing federal or state funds. NOW, THEREFORE, the Parties agree as follows: ARTICLE I DEFINITIONS: As used in this Agreement, the capitalized terms below have the following meanings: 1. "Agreement" means this written document, including all attachments and exhibits, evidencing the legally binding terms and conditions of the agreement between the Parties. 2. "City" means the City of Salina, Kansas. 3. "Effective Date" means the date this Agreement is signed by the Secretary or his designee. 4 "Exchange Rate" means the exchange of Federal Funds allotment for State Funds at a rate of ninety percent (90 %) of State Funds for one hundred percent (100 %) of local federal obligation authority for costs incurred pursuant to this Agreement, on a reimbursement basis. 5. "Federal Funds" means federal -aid transportation funds, including Surface Transportation Program funds, for use on state and local federal -aid transportation projects. City - Federal Fund Exchange Rev. 03/13 1 Agreement No. 136 -13 6. "KDOT" means the Kansas Department of Transportation, an agency of the state of Kansas, with its principal place of business located at 700 SW Harrison Street, Topeka, KS, 66603- 3745. 7. "Parties" means the Secretary and KDOT, individually and collectively, and the City. 8. "Secretary" means Michael S. King, in his official capacity as Secretary of Transportation of the state of Kansas, and his successors. 9. "State Funds" means State of Kansas transportation funds. ARTICLE II TERMS OF AGREEMENT: 1. Secretary Authorization. Secretary is authorized by City to take such steps as are deemed by Secretary to be necessary or advisable for the purpose of securing the benefits of the current Federal -Aid Transportation Act for this exchange. 2. Incorporation of Program Application. City has submitted a program application for this Federal Fund exchange, which is hereby incorporated into and made a part of this Agreement for all purposes. 3. Exchange of Funds. (a) When the City requests to use the banked funds for a Federal -Aid Project, the Secretary will apply one hundred percent (100 %) of the requested amount to said project, up to $209,143.44 in Federal Funds. (b) When the City requests to use the exchanged or banked funds pursuant to the Federal Fund Exchange Program, the following terms will apply to the exchange: (i) City authorizes Secretary to retain and use $209,143.44 of City's annual allotment of Federal Funds for federal fiscal year 2013 in exchange for State Funds at the Exchange Rate. (ii) Secretary shall reimburse City, with State Funds, for one hundred percent (100 %) of costs incurred pursuant to this Agreement, up to $188,229.10. All costs incurred in excess of the fund exchange amount will be the sole responsibility of the City. (iii) Any State Funds exchanged pursuant to this Agreement may be carried over in the next federal fiscal year by City. City- Federal Fund Exchange Rev. 03/13 2 Agreement No. 136 -13 (iv) City understands that Secretary may use the retained Federal funds exchanged by City for any federally eligible purpose or project within the State. (v) The Secretary will make partial payments to City for amounts not less than $1,000 and no more frequently than monthly. Such payments will be made after receipt of proper billing showing costs paid by City and any reimbursement form required by KDOT. 4. Limitations on Use of State Funds. (a) City shall not deposit the exchanged State Funds into the operating budget for the City. (b) City shall use the State Funds exchanged pursuant to this Agreement for: (i) specific road and bridge projects, as pre- approved by the Secretary, which are eligible under KDOT's Federal Fund Exchange Guidelines, including but not limited to roadway construction, reconstruction or rehabilitation, pavement preservation programs, bridge construction, replacement, rehabilitation, repair and removal, construction of low water crossing, safety improvement programs; and (ii) for all phases of the pre- approved road and bridge project including, but not limited to preliminary engineering, right of way acquisition, utility relocation, construction and inspection. (c) Upon completion of the road or bridge project, City shall notify Secretary and allow the Secretary to participate in a final review of the road or bridge project. Reviews by the Secretary are not done for the benefit of City or its contractors, or agents, or other political subdivision, or the traveling public. The Secretary makes no representation, express or implied warranty to any person or entity concerning the adequacy or accuracy of the design plans, specifications, estimates, surveys, and any necessary investigations or studies, including, but not limited to, environmental, hydraulic, and geological investigations or studies for the Project, or any other work performed by City. 5. Availability of State Funds. The total dollars exchanged under this Agreement are contingent upon the availability of State funds. If, in the judgment of Secretary, sufficient State Funds are not appropriated to continue the function performed in this Agreement, Secretary may terminate this Agreement without further notice. Secretary will not be responsible to City for any reduction in State Funds. 6. Availability of Federal Funds. The total dollars exchanged under this Agreement are also contingent upon the availability of Federal funds. If, due to Congressional funding City - Federal Fund Exchange Rev. 03/13 3 Agreement No. 136 -13 restrictions, sufficient Federal funds have not been allocated to City, Secretary shall exchange funds in the amount available. 7. Audit. City will participate and cooperate with Secretary in an audit which will occur either annually or by project. City shall make its records and books available to representatives of Secretary for audit for a period of five (5) years after date of final payment under this Agreement. If any such audits reveal payments have been made with State Funds to the City for items considered non - participating, City shall promptly reimburse Secretary for such items upon notification by Secretary. 8. Compliance with Federal and State Laws. City shall comply with all applicable federal, state, and local laws, regulations, executive orders, and ordinances governing the projects undertaken pursuant to this Agreement. 9. Right of Way Acquisition. All right of way acquisition for the project shall be done in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, and administrative regulations contained in 49 C.F.R. Part 24, entitled Uniform Relocation Assistance and Real Property Ac uisition for Federal and Fedcrally Assisted Programs. 10. Legal Authority. City shall adopt all necessary ordinances and /or resolutions and take such administrative or legal steps as may be required to give full effect to the terms of this Agreement. 11. Indemnification. To the extent permitted by law, City agrees to defend, indemnify, hold harmless, and save Secretary and his or her authorized representatives from any and all costs, liabilities, expenses, suits, judgments, damages to persons or property or claims of any nature whatsoever arising out of or in connection with the provisions or performance of this Agreement by City or City's employees. ARTICLE III GENERAL PROVISIONS: Civil Rights Act. The "Special Attachment No. 1," pertaining to the implementation of the Civil Rights Act of 1964, is attached and made a part of this Agreement. 2. Contractual Provisions. The Provisions found in Contractual Provisions Attachment (Form DA -146a, Rev. 06 -12), which is attached hereto, are hereby incorporated in this contract and made a part thereof. 3. Binding Agreement. This Agreement and all contracts entered into under the provisions of this Agreement shall be binding upon Secretary and City and their successors in office. 4. No Third Party Beneficiaries. No third party beneficiaries are intended to be created by City- Federal Fund Exchange Rev. 03/13 4 Agreement No. 135 -13 this Agreement, nog- do the parties herein authorize anyone not a party to this Agreement to maintain a suit for damages pursuant to the terms or provisions of this Agreement. 5. Headings. The captions of the various articles and sections of this Agreement are for convenience and ease of reference only, and do not alter the terms and conditions of any part or parts of this Agreement. 6. Effective Date. This Agreement will become effective as of the date signed by Secretary or his designee. IN WITNESS WHEREOF the Parties have caused this Agreement to be signed by their duly authorized officers as of the Effective Date. ►a"Nof. 9 CITY OF SALINA, KANSAS CITY CLERK (Date) MAYOR (SEAL) Kansas Department of Transportation Michael S. King, Secretary of Transportation LE Jerome T. Younger, F.E. (Date) Deputy Secretary and State Transportation Engineer City - Federal Fund FAchanue Rev. 03113 5 Kansas Department of Transportation KANSAS DEPARTMENT OF TRANSPORTATION BUREAU OF LOCAL PROJECTS REQUEST TO EXCHANGE FEDERAL FUNDS County /City: Federal Funds to Be Exchanged: Funds to be banked: Salina 209,143.44 $ 0 The Secretary of Transportation is hereby requested to make available to the city /county state funds in exchange for the city's /county's allotment of federal funds in the amount stated above. We understand that the amount of state funds provided by the Secretary will be calculated at an exchange rate of $0.90 of state funds per dollar of federal funds. We further understand that the state funds must be used for transportation project(s) in accordance with the program guidelines and will be paid on a reimbursement basis as the city /county incurs costs on the project(s). Proposed project(s) to use the state funds are listed on the attached sheets. Contact Person: Daniel R. Stack, P.E. Title: City Engineer Address: 300 W. Ash Street, P.O. Box 736, Salina, KS 67402 -0736 Phone: (785) 309 -5725 Sign ire Jason A. Gage Typed or Printed Name City Manager Title 3 -21 -13 Date Email: Dan.Stack @Salina.org *The representative signing this request must be authorized by law to bind the city /county to an agreement. WORKS REQUEST TO EXCHANGE FEDERAL FUNDS Project List: (Attach as many sheets as needed) Project Location: E. Magnolia Road (Ohio Street to 600' east of the levee) Scope of Work: _ Grading, surfacing, seeding Estimated Construction Start Date: April 2012 Estimated Costs: (Only show those costs for which you will request reimbursement) Design $ 0 Right of Way $ 0 Utility Adjustments $ 0 Construction $2,827,947.25 Inspection $ 0 Total Estimated Costs $ 2,827,947.25 Project Location: Scope of Work: Estimated Construction Start Date: Estimated Costs: (Only show those costs for which you will request reimbursement) Design $ Right of Way $ Utility Adjustments $ Construction $ Inspection $ Total Estimated Costs $. TWORKS • � x Kansas KANSAS DEPARTMENT OF TRANSPORTATION BUREAU OF LOCAL PROJECTS REQUEST TO EXCHANGE FEDERAL FUNDS County/City: Federal Funds to Be Exchanged: Estimated Year of Reimbursement (if Banked) Salina $252,664.53 The Secretary of Transportation is hereby requested to make available to the city/county state funds in exchange for the city's /county's allotment of federal funds in the amount stated above. We understand that the amount of state funds provided by the Secretary will be calculated at an exchange rate of $0.90 of state funds per dollar of federal funds. We further understand that the state funds must be used for transportation project(s) in accordance with the program guidelines and will be paid on a reimbursement basis as the city/county incurs costs on the project(s). Contact Person: Daniel R. Stack, P.E. Title: City Engineer Address: 300 W. Ash Street, P.O. Box 736, Salina, KS 67402 -0736 Phone: (785) 309 -5725 Email: Dan.Stack @Salina.org Signature* Jason A. Gage Typed or Printed Name City Manager Title 8 -19 -13 Date *The representative signing this request must be authorized by law to bind the city/county to an agreement. TWORKS CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 09/12/2011 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 6 BY: ITEM FINAL APPROVAL: NO: 4 Page 1 BY: Daniel R. Stack BY: ITEM: Authorize the City Manager to sign the request from the Kansas Department of Transportation (KDOT) to exchange federal funds for the East Magnolia Improvements, City Project No. 10 -2808. BACKGROUND: On August 26, 2009, KDOT informed the City of Salina that $1.4 million had been authorized for the East Magnolia Improvements, subject to federal funding being available. The project will involve new and wider pavement, a center median and landscaping east of Huntington Road, underground storm sewers, a ten foot bicycle /pedestrian path on the south side, a five foot sidewalk on the north side, and continuous street - lighting. On February 3, 2011, KDOT and City staff conducted a City Commission Study Session to discuss a new funding program available to Local Public Agencies (LPA). Many LPAs find the rules and requirements of the federal transportation dollars they receive annually to be overly restrictive, cumbersome, and costly to administer. Although these funds help cities and counties construct major projects, they often fall short of helping them address many important problem areas in their transportation systems. This new program has been established to provide the LPAs the option to "sell' their federal funds to KDOT in exchange for state dollars, which allows the agency to tailor projects to better meet the local needs. This is a voluntary program which benefits the local agency by allowing them to build their projects with less KDOT /Federal Highway Administration oversight in exchange for 10% of the reimbursement. For this project, the City will give up $140,000. KDOT benefits by getting an additional $140,000 to spend on their own federally funded projects, while Salina gets more flexibility in the use of the funds. City staff believes this 10% loss in federal dollars would be easily made up by the Construction Engineering costs typical for a KDOT administered project. KDOT figures construction engineering (CE) at about 15% of the construction costs. For this $4.0 million construction project, the CE costs would amount to $600,000 or 7,500 hours of inspection at $80 /hour. We anticipate this project will take approximately 240 working days (a little more than one construction season), so 7,500 hours equates to 31 hours of inspection each day, or 3 to 4 people full -time. KDOT informed us they would typically staff a project like East Magnolia with 2 to 3 people a day and 3 to 4 when placing concrete, which includes one person at the concrete plant. Due to current work loads for City inspectors, staff does not anticipate being able to dedicate more than one person full -time to the East Magnolia Improvements and would have to hire at least two consultants full -time to assist. Two consultants for 240 days at 8 hours /day at $80 /hour = $307,200, which is more than the $140,000 the City will give up by entering this project into the exchange program. This exchange would not make sense if the project was a fully funded KDOT 80/20 percentage, similar to past projects for the City where all inspection costs would be reimbursed. The following table illustrates some of the past CE costs for City /KDOT /federally funded projects with South Ninth Street being the exception. South Ninth Street Phase IV (2009 -2010) contained no federal funds and was inspected by one full -time City staff inspector with part -time assistance from AGENDA SECTION NO: 6 ITEM NO: Page 2 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 09/12/2011 4:00 P.M. ORIGINATING DEPARTMENT: BY: Daniel R. Stack FISCAL APPROVAL: BY: FINAL APPROVAL: C4 another City inspector and an outside testing company. City staff believes this level of CE could be completed again on the East Magnolia project to still produce a quality project at a reduced cost. FISCAL NOTE: The 2010 -2014 Capital Improvement Program includes selling bonds to finance the balance of the project costs above the $1.4 million. These costs include the consultant design fee, construction services, right -of -way and easement acquisition, utility relocations, testing, financing and construction costs. The total project cost is estimated at around $4.5 million. For the exchange program, State funds would be paid on a reimbursement basis as the LPA incurs costs. CONFORMANCE WITH STRATEGIC PLAN: Goal #3: The City will provide the highest quality of services, consistent with governing body direction, available resources and staff commitment to quality. Goal #6: The City will work to make Salina a city that has connectivity physically and socially. COMMISSION ACTION OR RECOMMENDED ACTION: Staff has identified the following options for Commission consideration: Authorize the City Manager to sign the request from KDOT to exchange federal funds for the East Magnolia Improvements, City Project No. 10 -2808, reducing the KDOT commitment for the project from $1.4 million to $1.26 million. 2. Continue the funding arrangement for the East Magnolia project as currently planned, maintaining the KDOT commitment to the project at $1.4 million. 3. Provide another option or give further direction to staff. Staff recommends Option 1 Attachments: Request to exchange federal funds Request for reimbursement Federal funds exchange program pamphlet Construction Construction CE % of Project Project No. Cost Engineering Construction North Broadway Corridor (Pacific to North Street) 03 -1409 $2,149,000 $437,000 20.3% Broadway Hageman Intersection 05 -1538 $ 374,000 $ 44,000 11.8% South Ohio (Schilling to Magnolia) 03 -1402 $2,591,000 $361,000 13.9% South Ninth Street Phase 4 (Riffel to Belmont) 06 -1579 $4,700,000 $314,000* 6.7% *Includes $50,000 in contract testing and $264,000 for in -kind City staff costs which were calculated using 3300 hours (actual time spent) at $80 /hour (same as consultant average pay per hour for comparison) FISCAL NOTE: The 2010 -2014 Capital Improvement Program includes selling bonds to finance the balance of the project costs above the $1.4 million. These costs include the consultant design fee, construction services, right -of -way and easement acquisition, utility relocations, testing, financing and construction costs. The total project cost is estimated at around $4.5 million. For the exchange program, State funds would be paid on a reimbursement basis as the LPA incurs costs. CONFORMANCE WITH STRATEGIC PLAN: Goal #3: The City will provide the highest quality of services, consistent with governing body direction, available resources and staff commitment to quality. Goal #6: The City will work to make Salina a city that has connectivity physically and socially. COMMISSION ACTION OR RECOMMENDED ACTION: Staff has identified the following options for Commission consideration: Authorize the City Manager to sign the request from KDOT to exchange federal funds for the East Magnolia Improvements, City Project No. 10 -2808, reducing the KDOT commitment for the project from $1.4 million to $1.26 million. 2. Continue the funding arrangement for the East Magnolia project as currently planned, maintaining the KDOT commitment to the project at $1.4 million. 3. Provide another option or give further direction to staff. Staff recommends Option 1 Attachments: Request to exchange federal funds Request for reimbursement Federal funds exchange program pamphlet City of Salina Federal Fund Exchange Exchange 90% Reimbursed Funds Available Amount 2011 $544,688.15 $490,219.34 $490,219.34 $0.00 2012 $449,235.44 $404,311.90 $404,311.90 $0.00 2013 $461,807.97 $415,627.17 $0.00 $415,627.17