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16-Public Hearing deliberate and act on a Resolution authorizing the submission of a contract amendment request for the Texas Capital Fund ContractCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 6/10/10 Council Date: City Manager Kevin Carruth, Kim Lacey 16. 6/14/10 RECOMMENDED MOTION: [AFTER PUBLIC HEARING] Move to approve a resolution authorizing a contract amendment request to the Texas Department of Agriculture for changes to the Texas Capital Fund contract for the Daisy Farms water main and authorizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUE(S): Required by grant BACKGROUND: The final engineering and design for the Daisy Farms water main project funded by the Texas Department of Agriculture for changes to the Texas Capital Fund includes increasing the size of the main from 14 inches to 16 inches and adding 3,880 linear feet to the line. Because the original bids were lower than anticipated, the project should still come in under the $1,000,000 budgeted. In any event, Daisy Farms has guaranteed that they will cover any expenses over the budgeted amount so the City will not be liable for any expenses. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $1,000,000.00 ❑ Department Report Z Resolution Budgeted Amt. $1,000,000.00 ❑ Presentation ❑ Ordinance y'I'D Actual $-0- Z Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library Z Police Z Eng./Public Works ❑ Utiliries City of Paris Revised 2/04/08 r~ r ( ~J D RAFT f:attorney\reswork\current\Amendment to TCF - TDA Contract #729192 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AUTHORIZIIVG THE SUBMISSION OF A COIVTRACT AMENDMENT REQUEST FOR THE TEXAS CAPITAL FUND CONTRACT BETWEEN THE CITY OF PARIS, TEXAS AND THE TEXAS DEPARTMEIVT OF AGRICULTURE, CONTRACT NUMBER 729192; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARIIVG AN EFFECTIVE DATE. WHEREAS, the City of Paris entered into a contract dated February 4, 2010 with the Department of Agriculture for funding and construction of an economic development project, to wit: infrastructure improvements in Lamar County, Texas; and, WHEREAS, certain revisions are requested to the Performance Statement for the construction of such infrastructure improvements as further described in the letter dated May 7, 2010 from Hayter Engineering attached hereto as Exhibit "A"; and, WHEREAS, the City of Paris desires to make such revisions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUIVCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. The City Council having reviewed the proposed changes hereby authorizes the City Manager to submit a contract amendment request to the Texas Capital Fund Program for the following proposed activities: a. An increase in the size of the pipe for the water line from twelve inch (12") to fourteen inch (14") and sixteen inch (16"). b. The total length of the water line will be increased by three thousand eight hundred eighry linear feet (3,880 l.f.). c. Amended Performance Statement as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Section 3. This resolution shall be effective immediately upon passage. 70, DULY PASSED AND APPROVED this 141h day of June, 2010. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 77 EXHIBIT A PERFORMANCE STATEMENT City of Paris The Contractor shall carry out the following activities in the target area(s) identified on the map in its Economic Development application. The Contractor shall obtain the Department's prior written approval for any modifications or changes that are made to this project's activities specified in Exhibits A and B. Project Summary The purpose of this Economic Development project is to provide infrastructure activities in the form of water line construction in support of the Company. The Company shall be constructing a ten thousand (10,000) cow dairy operation on approximately three thousand (3,000) acres of land located south of Paris close to the intersection of Hwy 19 and FM 2036. The location of the land is defined as the Company's project site. The infrastructure activities shall allow the Company to begin its operations in the City of Paris, Texas. The Company is a manufacturer/producer of sour cream and cottage cheese and this dairy will provide milk for these products. National objective of this CDBG economic development program is to primarily benefit LMI persons through permanent job creation. Project Activities The Contractor shall provide to the Department documentation showing winning bid(s) for "minimum necessary" infrastructure activities that are needed to adequately serve only the Company. These bids also shall contain the alternate provisions for the winning bid(s) addressing oversizing, extra activities or improvements. Oversizing and/or extra activities are defined as activities exceeding the "minimum necessary" needed for this project and are ineligible for payment with contract funds. The Contractor is responsible for payment of all oversizing or extra activities and/or cost overruns and may be required to provide evidence of expenditure(s) prior to drawing contract funds. The "minimum necessary" activities are identified below and the Contractor shall expend a total of One Million and No/100 Dollars ($1,000,000.00) of contract funds on these activities. Water Activities in the amount of Nine Hundred Forty Thousand and No/100 Dollars ($940,000.00). The "minimum necessary" activities are to consist of approximately „ (20,500 . , GRe hundFed twenty loneaF feet ( i f) nf hnrc ,.,d e,,,.,.otwentv four thousand three hundred eiqhtv linear feet (24,380 I.f.) of fourteen inch (14") water distribution line, one thousand two hundred twentv two linear feet (1,220 I f) of sixteen inch (16" water distribution line, one thousand five hundred sixtv linear feet (1,560 I f) of fourteen inch (14") bore, two hundred twentv linear feet (220 I.f.) of twenty four inch (24") bore, eleven (11) fire hvndrants, valves, fittings, meter and vault. These improvements shall be in the following locations: Location From To Distance State Hwy 19 corner of County Rd 11400/Hwy 19 project site 29,-900-24.380 U. Administration Activities in the amount of Sixty Thousand and No/100 Dollars ($60,000.00) to carry out project administration activities, including the cost associated with the required program fiscal and compliance audit as required in Section 19. The Contractor shall ensure that the Company expends a minimum total of Four Million and No/100 Dollars ($4,000,000.00) in cash for this project as follows: , • ThFee Four Million Sffix ene T"^~ ~~d E"t HpndFed and , . 79 No/100 Dollars 3, , 8:99$4,000,000.00) for working capital to include real estate acquisition/equitv, enqineerinq, pavroll construction of facilitv and construction of water line. ; , ' . Upon the Department's request, the Contractor shall provide evidence that contract funds were expended as specified in Exhibits A and B. Project Objective As a result of this project, the Contractor shall ensure that the Company creates a minimum of one hundred one (101) permanent jobs. Fifty-one percent (51 or fifty-two (52) of these jobs shall be held by LMI persons prior to Date of Termination. In the event more than one hundred one (101) permanent jobs are created, the Contractor shall ensure that at least fifty-one percent (51 of all permanent jobs created during the contract period are held by LMI persons. Any employee transferring from another Company location or related business operation shall be identified and may not be considered as a created permanent job. 70, ATEGORIES EXHIBIT B Budget CITY OF PARIS CODE TCF OMPANY OTAL Real Estate Acquisition $0 $0 $0 Eq u ity $0 0 Public Activities Water Activities 1A/01 $940,000 $0 $940,000 Working Capital $0 $4,000,000 $4,000,000 Engineering $0 $0 $0 SUBTOTALS $940,000 $4,000,000 $4,940,000 Administration 32 $60,000 $0 $60,000 TOTALS $1,000,000 $4,000,000 $5,000,000 8.9 HAYTER ENGINEERING, INC. CONSULTANTS PLANNERS ENGINEERS May 7, 2010 Mr. Kevin Carruth, City Manager City of Paris P.O. Box 9037 Paris, Texas 75461 RE: City of Paris -14" Water Main Extension to Daisy Farms, LLC Texas Capital Fund Infrastructure Project #729192 and HEI #124001-280 Dear Mr. Carruth: 4445 S.E. LOOP 286 PARIS, TEXAS 75460 (903) 785-0303 FAX (903) 785-0308 Please accept this letter as our revision of the definition of "minimum 'necessary requirements" for the above referenced project. At the time of the submission of the City's Texas Capital Fund application, it was believed the proposed Daisy Farms facility could be served by a twelve inch (12") water line, however, after final engineering of the project, it has been determined that a fourteen inch (14") line and sixteen inch (16") line will be necessary due to the amount of water that is needed for the project as well as the expected water pressure needed to service this large facility. Please find attached my calculations documenting the need for the increase in line size and inclusion of fire hydrants. In the attached Preliminary Engineering Report please find our documentation for the necessary changes. During the application process, we were asked to provide the cost estimate that would reflect the length of water line that could be constructed for an amount of one million dollars ($1,000,000). At the time that we gave our cost estimate, we believed that we would only be able to construct twenty thousand five hundred linear feet (20,500 l.f.) of water line. After final engineering for the dairy, it was determined that the water line would need to extend an additional three thousand eight hundred eighty linear feet. The total minimum length of water line for the Daisy project should be twenty four thousand three hundred eighty linear feet (24,38011). Due to the fact that this was the minimum necessary for the business, we bid this additional length in an addendum to the original bid. The bids came in below estimate, and we will be able to complete the entire length of the water line within the Texas Capital Fund budget. We request that you ask for an amendment to the Performance Statement for this Texas Capital Fund project to reflect the following changes to the project: Service Since 1957 raPs F-ooosis EXMrBIT a Q, Kevin Carruth May 7, 2010 Page 2 Water Activities in the amount of Nine Hundred Forty Thousand and No/100 Dollars ($940,000.00). The "minimum necessary" activities are to consist of approximately twe t],,.,,s.,..,a fi,.,, h,ma,.,.a i:n,..,_ r,.t (20,500 i1~ ,.f + ,,,t t, (12») water- a' t' ~ vc v~. iria.i ~ htind"°'' :we:'="•:--e.K~ et ~~-20 of v''va v ulzt a VTSL twentv four thousand three f r ~(in,TIT } hundred ei2htv linear feet (24,3801.f.) of fourteen inch (14") water distrihution line, one thousand two hundred twentv two linear feet (1,220 l.f.) of sixteen inch (16" water distribution line, one thousand five hundred sixtv linear feet (1,560 I.f.) of fourteen inch (14") bore, two hundred twentv linear feet (220 I.f.) of twentv four inch (24") bore, eleven (11) fire hydrants, valves, fittings, meter and vault. These improvements shall be in the following locations: Location From To Distance State Hwy 19 corner of County Rd 11400/Hwy 19 project site 28380 24,380 Lf. These changes reflect the minimum necessary improvements for this proposed facility. Davis Bacon wages were used when submitting the bids that were utilized for this amendment request. If you have further questions, please do not hesitate to contact me. Sincerely, HAYTER ENGINEERING, INC. 1 R. Reeves Hayter, P.E. President cc: Kim Lacey, Municipal Development Services (w/attachment) Shawn Napier, City of Paris (w/attachment) Enclosure 8^