TxDot Grant Fund Project

1. TxDot Grant Fund Project compliance with grant implementation procedures

2. Calculation of Matching Funds • Grant Award = $500,000.00 • County Percentage: 20% = .8 • Disadvantaged: 10% = .9 • Determine full Amount of Available Funds • Divide Award by either .8 or .9 • $500,000.00 / .8 = $625,000.00 • $500,000.00/.9 = $555,555.56 • $625,000.00-$500,000.00 = $125,000.00 County Match • $555,555.56-$500,000.00 = $55,555.56 Disadvantaged Match • $125,000.00/$625,000.00 = 20% of Total Available Funds • $55,555.56/$555,555.56 = 10% of Total Available Funds

3. TxDot Agreement • TxDot Award Letters in early April: There will not be any more allocations under this appropriation of $225,000,000.00 • “The department has finalized its review of all applications and has calculated all applicant counties’ eligible grant awards” • ‘before receiving any allowable reimbursement from the eligible grant amount, your county must enter into an Agreement with the Department.’ • ‘The County must request reimbursement using the forms and procedures specified by TxDot.’

4. Re-Prioritize Your Project List “Grantees must obtain the prior approval of the awarding agency whenever there is any revision of the scope or objectives of the project (regardless of whether there is an associated budget revision requiring prior approval.” “No construction is allowed without the prior written approval of the awarding agency (TxDot).” “If allocated funds remain after reimbursement of all a county’s listed transportation projects, the county may use the unexpended balance for any project in the county, if within one year of the submission of certification (of completion) the county submits a proposed amendment identifying additional projects…and TxDot and the county execute the proposed amendment.”

5. Re-Prioritizing, Continued • List is to be provided within 30 days of execution of the Agreement. Better to have that list when you submit the Agreement, which will expedite funding. • Should include an estimated month of commencing and completing the work on each road or transportation project. • Estimated cost of each project. • Priority of projects can be amended with notice to TxDot. • Amendment can include adding or deleting projects from original list. • Any amendment requires concurrence of TxDot. • Updates or Status Reports are required semi-annually.

6. Required Certifications • Certifications are designed to accomplish one central purpose: To relieve TxDot of Liability/Responsibility. • Certification 1: • Designation of a County Representative to sign documents. • Certification that County has adopted “design standards, specifications and quality assurance requirements.” • Initial List of Projects • Certification that reimbursement requests will be prepared using generally accepted cost accounting practices.

7. Certification 1 • Certification 1 must also be attached to each: • Reimbursement Request • Schedule or project list updates, or • Statement of no material change to a previously submitted schedule.

8. Certification 2 • Required before starting construction on each project: • That any right of way has been properly acquired. • That utilities have been relocated, or notified. • Compliance with any applicable environmental requirements. • Any required material testing • For County performed work: • Self performed design • Self performed construction • For Contract work: • Selection of Engineering, Architectural or Surveying consultants • Construction Documents • Advertising for construction work (competitive bidding if required) • Construction procurement (competitive if required)

9. Certification 3 • Required upon completion of each project (within 30 days of acceptance by county or completion by county) • That project is on the county maintenance system and will remain under county maintenance. • That environmental issues have been addressed (if applicable) • ADA accessibility standards compliance (if applicable) • HUB compliance if bid-out for work • Compliance with applicable laws. • Certification of completion • County performed work: Compliance with county standards • Contract work performed by: registered professional engineer and compliance with contract procurement requirements (competitive bidding for construction).

10. Approval Required before Construction • Work started before Agreement signed by TxDot may not be reimbursed. • Therefore, submit Certifications 1 and 2 with Signed Agreement. • Then, with each request for reimbursement, resubmit Certifications 1 and 2. • On completion of project, submit Certification 3.

11. Invoicing: Topic of a Later Paper/Webinar • We will be submitting to you additional guidance and conducting a later webinar to address specific issues related to invoicing. • However, here are some tips: • Do not invoice for stockpiled materials already purchased and in your existing inventory on project roads. It is better to purchase new materials for these projects to have a clean paper-trail. • You can invoice for “in-kind” use of equipment and labor, but you will need to keep very good records of these expenses, i.e. based on “blue book” rates, FEMA rates, or other generally accepted rates, or if you have records to support, your own actual costs of equipment and labor.

12. Helpful Links • TxDotGrant site: • http://www.txdot.gov/government/funding/county-fund.html • County Judges and Commissioners Assoc. of Texas • http://www.cjcat.org • Texas Association of Counties • http://www.county.org • Allison, Bass & Magee, LLP • http://www.allison-bass.com