Res 100-2018 TxDot Advance Funding Agreement Loop 11 to Lucy Park 9/18/2018
Resolution No100-2018
.
Resolution authorizing the City Manager to execute an Advance
Funding Agreement (AFA) with Texas Department of Transportation
for the construction of a shared use path from Loop 11 to Lucy Park
in the amount of $67,552
WHEREAS, that the City of Wichita Falls, as Project Sponsor, is an eligible entity
as described by 23 U.S.C. 213, that nominates a particular project for consideration,
exercises jurisdiction over the geographic area in which that project is located, and
commits to the project development, implementation, construction, maintenance,
management, and financing; and,
WHEREAS, the City of Wichita Falls, as a project sponsor, supports funding this
project as described in the TASA 2017 Nomination Form (including the construction
maintenance, management, and financing and is willing and able to enter into an Advance
Funding Agreement with the Texas Department of Transportation; and,
WHEREAS, the City of Wichita Falls is a public body organized and established in
accordance with Chapter 458 of the Texas Transportation Code, enacted by the
Legislature of the State of Texas; and,
WHEREAS, the City of Wichita Falls is specifically authorized by Chapter 456 of
the Texas Transportation Code of the law of the State of Texas to accept and dispense
federal financial assistance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute the Advance Funding Agreement with
the Texas Department Transportation for public improvements related to the construction
of a Shared Use Path along the Wichita River from Loop 11 to Lucy Park.
th
PASSED AND APPROVED this the 18 day of September, 2018.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk
TxDOT:: Federal Highway Administration:
CSJ # 0903-03-116 CFDA No. 20.205
District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
FOR A TRANSPORTATION ALTERNATIVES
SET-ASIDE (TASA) PROGRAM PROJECT
TxDOT-Selected Off-System
This Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project
AgreementState), acting through the Texas Department of
City of Wichita Falls
Transportation, and the (Local Government), acting through its duly authorized officials.
WITNESSETH
WHEREAS
, federal law establishes federally funded programs for transportation improvements to implement its
public purposes, and
WHEREAS
, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct
and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the
Texas Transportation Commission to accept contributions from political subdivisions for development and
construction of public roads and the state highway system within the political subdivision, and
WHEREAS
, Federal law, 23 USC §134 and 49 USC §5303, requires that State and Metropolitan Planning
Organizations (MPOs) develop transportation plans and programs for urbanized areas of Texas, and
WHEREAS
, Federal and state laws require local governments to meet certain contract standards relating to the
management and administration of State and federal funds, and
WHEREAS
, the rules and procedures for the Transportation Alternatives Set-Aside Program (TASA) are
established in 23 USC §133(h), and 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400
11.418, and
WHEREAS
, the Local Government prepared and submitted to the State or Metropolitan Planning Organization
Shared-use
(MPO) a project nomination package for TASA funding consideration, which is briefly described as
path Loop 11 to Lucy Park
(Project), and
WHEREAS
, the Texas Transportation Commission (Commission) passed Minute Order Number 115076 (MO)
dated October 17, 2017 awarding funding for TASA projects in the 2017 TASA Program Call of the Wichita Falls
MPO, including Project, and
WHEREAS
, the governing body of the Local Government has approved entering into this Agreement by
September 4, 2018
resolution or ordinance dated , which is attached to and made a part of this Agreement as
Attachment A, Resolution or Ordinance. A map showing the Project location appears in Attachment B, Project
Location Map, which is attached to and made a part of this Agreement, and
NOW, THEREFORE
, the State and the Local Government agree as follows:
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TxDOT:: Federal Highway Administration:
CSJ # 0903-03-116 CFDA No. 20.205
District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
AGREEMENT
Period of Agreement and Performance
A. Period of Agreement. This Agreement becomes effective when signed by the last party
whose signing makes the Agreement fully executed. This Agreement shall remain in
effect until terminated as provided below.
B. Period of Performance.
1. The Performance Period for each phase of work begins on the date specified in
the Federal Project Authorization and Agreement (FPAA) for that phase of
work. Local Government may not begin work until issued the State Letter of
Authority (SLOA) for that phase of work.
2. The Performance Period for each phase of work ends on the date specified in
the FPAA for that phase of work.
Scope of Work and Use of Project
A. The scope of work for Project consists of
.
B. Any project changes proposed must be submitted in writing by Local Government to
State. Changes may also require an amendment to this Agreement and the approval of
the FHWA, State, MPO, or the Commission. Any changes undertaken without written
approval and amendment of this Agreement may jeopardize not only the federal
funding for the changes, but the federal funding of the entire Project.
Project Sources and Uses of Funds
The total estimated development cost of the Project is shown in Attachment C, Project Budget Estimate
and Source of Funds (Attachment C).
A. If Local Government will perform any work under this Agreement for which
reimbursement will be provided by or through the State, the Local Government must
complete training. If federal funds are being used, the training must be completed
before federal spending authority is obligated. Training is complete when at least one
individual who is working actively and directly on the Project successfully completes
and Qualifi
in accordance with applicable TxDOT procedures. Upon request, Local Government
shall provide the certificate of qualification to State. The individual who receives the
training certificate may be an employee of Local Government or an employee of a firm
that has been contracted by Local Government to perform oversight of the Project.
State in its discretion may deny reimbursement if Local Government has not
continuously designated in writing a qualified individual to work actively on or to directly
oversee the Project.
B. The total estimated project cost as shown in Attachment C includes the Local
itemized cost of real property, utilities, environmental
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TxDOT:: Federal Highway Administration:
CSJ # 0903-03-116 CFDA No. 20.205
District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
assessments, construction, and other construction related costs. To be eligible for
reimbursement or as an in-kind contribution, costs must have been included in the
nomination form approved by the Texas Transportation Commission or MPO in
consultation with State. Local Government must submit to State evidence of payment
for eligible in--Kind
Match Reporting form.
C. State and the Federal Government will not reimburse Local Government for any work
performed outside the Performance Period. After federal funds have been obligated,
State will send to Local Government a copy of the formal documentation showing the
obligation of funds including federal award information. Local Government is
responsible for 100 percent of the cost of any work performed under its direction or
control before the federal spending authority is formally obligated.
D. The Project budget and source of funds estimate based on the budget provided in the
nomination form is included in Attachment C. Attachment C shows the percentage and
estimated dollar amounts to be contributed to Project by state and local sources, as
well as the maximum amount in federal TASA funds assigned by the Commission or
MPO in consultation with State. This Agreement may be amended from time to time as
required to meet the funding commitments based on revisions to the TASA, FPAA, or
other federal documents.
E. State will be responsible for securing the federal share of funding required for the
development and construction of Project, in an amount not to exceed 80 percent of the
actual cost of the work up to the amount of funds approved for Project by the Texas
Transportation Commission or MPO in consultation with State. Federal funds will be
reimbursed on a cost basis. Project costs incurred prior to issuance of the SLOA are
not eligible for reimbursement.
F. Local Government will be responsible for all non-federal participation costs associated
budget and any
operating or maintenance expenses.
G. Following execution of this Agreement, but prior to the performance of any plan review
work by State, Local Government will pay to State the amount specified in Attachment
C for plan review. At least 60 days prior to the date set for receipt of the construction
bids, Local Government shall remit its remaining local match as specified in
H. In the event State determines that additional funding is required by Local Government
at any time during Project, State will notify Local Government in writing. Local
Government is responsible for the percentage of the authorized Project cost shown in
Attachment C and 100 percent of any overruns above the federally authorized amount.
written notification.
I. Whenever funds are paid by Local Government to State under this Agreement, Local
Government will remit a warrant
. The warrant will be deposited by State and managed by State. Funds
may only be applied by State to Project.
J. Upon completion of Project, State will perform a final accounting of Project costs. Any
funds due to Local Government, State, or the Federal Government will be promptly
paid by the owing party.
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TxDOT:: Federal Highway Administration:
CSJ # 0903-03-116 CFDA No. 20.205
District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
K. In the event Project is not completed, State may seek reimbursement from Local
Government of the expended federal funds. Local Government will remit the required
L. If any existing or future local ordinances, commissioners court orders, rules, policies, or
other directives, including but not limited to outdoor advertising billboards and storm
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 re-plats, result in increased costs, then any increased costs associated with the
ordinances or changes will be paid by Local Government. The cost of providing right of
way acquired by State shall mean the total expenses in acquiring the property interests
through negotiations, including, but not limited to, expenses related to relocation,
removal, and adjustment of eligible utilities.
M. The state auditor may conduct an audit or investigation of any entity receiving funds
from the State directly under the Agreement or indirectly through a contract or
subcontract under the Agreement. Acceptance of funds directly under the Agreement
or indirectly through a contract or subcontract under this Agreement 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.
N. State will not pay interest on any funds provided by Local Government.
O. State will not execute the contract for the construction of Project until the required
funding has been made available by Local Government in accordance with this
Agreement.
P. Local Government is authorized to submit requests for reimbursement by submitting
the original of an itemized invoice in a form and containing all items required by State
no more frequently than monthly, and no later than 90 days after costs are incurred. If
Local Government submits invoices more than 90 days after the costs are incurred,
and if federal funding is reduced as a result, State shall have no responsibility to
reimburse Local Government for those costs.
Q. If Local government is an Economically Disadvantaged County (EDC) and if State has
approved adjustments to the standard financing arrangement, this agreement reflects
those adjustments.
Termination of the Agreement
A. This Agreement may be terminated by any of the following conditions:
1. By mutual written consent and agreement of all parties;
2. By any party with 90 days written notice; or
3. By either party, upon the failure of the other party to fulfill the obligations as set
forth in this Agreement. Any cost incurred due to such breach of contract shall
be paid by the breaching party.
B. If the potential termination of this Agreement is due to the failure of Local Government
to fulfill its contractual obligations, State will notify Local Government that possible
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TxDOT:: Federal Highway Administration:
CSJ # 0903-03-116 CFDA No. 20.205
District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
breach of contract has occurred. Local Government should make every effort to
remedy the breach within a period mutually agreed upon by both parties.
C. If Local Government withdraws from Project after this Agreement is executed, Local
Government shall be responsible for all direct and indirect Project costs as identified by
ost accounting system and with 2 CFR Part 200 recapture requirements.
D. A project may be eliminated from the program as outlined below. If Project is
eliminated for any of these reasons, this Agreement will be appropriately terminated. A
project may be eliminated from the program, and this Agreement terminated, if:
1. Local Government fails to satisfy any requirements of the program rules cited in
43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400
11.418.
2. The implementation of Project would involve significant deviation from the
activities proposed in the nomination form and approved by the Texas
Transportation Commission or MPO in consultation with State.
3. Local Government withdraws from participation in Project.
4. State determines that federal funding may be lost due to Project not being
implemented and completed.
5. Funds are not appropriated, in which case this Agreement shall be terminated
immediately with no liability to either party. Payment under this Agreement
beyond the current fiscal biennium is subject to availability of appropriated
funds.
6. The associated FPAA is not issued by the end of the third federal fiscal year
following the federal fiscal year for which the funds are authorized. Federal
fiscal years run October 1 through September 30.
7. Local Government fails to attend progress meetings at least twice yearly, as
scheduled by State.
E. State, at its sole discretion, may terminate this Agreement if State does not receive
project invoice from Local Government within 270 days of FPAA.
Amendments
This Agreement may be amended due to changes in the work, the amount of funding required to
complete Project, or the responsibilities of the parties. Such amendment must be made through a
mutually agreed upon, written amendment that is executed by the parties.
Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any agreement default,
but all remedies existing at law and in equity may be availed of by either party to this Agreement and
shall be cumulative.
Utilities
Local Government shall be responsible for the adjustment, removal, or relocation of utilities or utility
facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including
any cost to State of a delay resutilities or utility
facilities are adjusted, removed, or relocated before the scheduled beginning of construction. Unless
specified in (1) the nomination form approved by State or MPO in consultation with State and (2) this
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TxDOT:: Federal Highway Administration:
CSJ # 0903-03-116 CFDA No. 20.205
District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
agreement, Local Government will not be reimbursed with federal or state funds for the cost of required
utility work. Local Government must obtain advance approval for any variance from established
procedures. Before a construction c
certification stating that Local Government has completed the adjustment of all utilities that must be
adjusted before construction begins. Additional utility work may be required due to unknown conditions
discovered during construction. These costs may be eligible for TASA participation if: (1) the activity is
required to complete Project; (2) the cost is incidental to Project; and (3) TASA funding is available. Any
change orders must be approved by State prior to incurring any cost for which reimbursement is sought.
Environmental Assessment and Mitigation
Development of 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. Local Government is responsible for the identification and assessment of any
environmental problems associated with the development of Project.
B. Local Government is responsible for the cost of any
and remediation. These costs will not be reimbursed or credited towards Local
approved by State or MPO in consultation with State.
C. Local Government is responsible for providing any public meetings or public hearings
required for development of the environmental assessment.
D. Before the advertisement for bids, Local Government shall provide to State written
documentation from the appropriate regulatory agency or agencies that all
environmental clearances have been obtained.
Compliance with 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).
Architectural and Engineering Services
A. Architectural and engineering services for preliminary engineering will be provided by
Local Government. In procuring professional services, the parties to this Agreement
must comply with federal requirements cited in 23 CFR Part 172 if Project is federally
funded and Local Government will be seeking reimbursement for these services; and
with Texas Government Code Subchapter 2254.A., in all cases. Professional services
contracts for federally funded projects must conform to federal requirements. For State-
selected projects, architectural and engineering services are not eligible for TASA
reimbursement.
B. The architectural contract documents shall be developed in accordance with the
standards of the American Institute of Architects, the U.S
Standards for Historic Preservation Projects, Standards and Guidelines for Archeology
and Historic Preservation, the National Register Bulletin Number 36: Guidelines for
Evaluating and Registering Historical Archeological Sites and in consultation with the
State Historic Preservation Officer, as applicable. The engineering plans shall be
Construction and Maintenance of Highways, Streets and Bridges and the two American
AASHTO
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TxDOT:: Federal Highway Administration:
CSJ # 0903-03-116 CFDA No. 20.205
District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
dures and
documents must adhere to the applicable requirements established in the Standard
Specifications for Construction and Maintenance of Highways, Streets and Bridges.
The use of other systems of specifications shall be approved by State in writing in
advance.
C. When architectural and engineering services are provided by or through Local
Government, Local Government shall submit any plans it has completed to State for
review and approval. Local Government may also submit the plans to State for review
any time prior to completion. Local Government shall make the necessary revisions
determined by State. Local Government will not let the construction contract until all
required plans have received State approval.
D. When architectural and engineering services are provided by or through State, then the
State is responsible for the delivery and performance of any required architectural or preliminary
engineering work. Local Government may review and comment on the work as required to
accomplish Project purposes. State will cooperate with Local Government in accomplishing
these Project purposes to the degree permitted by state and federal law.
Construction Responsibilities
A. Local Government shall advertise for construction bids, issue bid proposals, receive
and tabulate the bids, and award and administer the contract for construction of
Project. Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders that may become necessary subsequent to the
award of the construction contract. In order to ensure federal funding eligibility, projects
must be authorized by State prior to advertising for construction.
B. All contract letting and award procedures must be approved by State prior to letting
and award of the construction contract, whether the construction contract is awarded
by State or by Local Government.
C. All contract change order review and approval procedures must be approved by State
prior to start of construction.
D. Upon completion of Project, the party constructing Project will issue and sign a
E. For federally funded contracts, the parties to this Agreement will comply with federal
construction requirements provided in 23 CFR Parts 633 and 635, and shall include the
-
account work will be performed, a finding of cost effectiveness shall be made in
compliance with 23 CFR Subpart 635.B.
F. Any field changes, supplemental agreements, or revisions to the design plans that may
occur after the construction contract is awarded will be mutually agreed to by State and
Local Government prior to authorizing the contractor to perform the work. Prior to
completion of Project, the party responsible for construction will notify the other party to
this Agreement of the anticipated completion date. All parties will be afforded the
opportunity to assist in the final review of the construction services performed by the
contractor.
12. Project Maintenance
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TxDOT:: Federal Highway Administration:
CSJ # 0903-03-116 CFDA No. 20.205
District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
A. Upon completion of Project, Local Government will be responsible for maintaining the
completed facility for public use. The property shall be maintained and operated for the
purpose for which it was approved and funded for a period of time commensurate with
the federal investment or State rules, whichever is greater. Should Local Government
at any time after Project completion decide it can no longer maintain and operate
Project for its intended purpose, Local Government shall consult with State and the
State may require Local Government to return the federal funds in accordance with
2 CFR Part 200 federal recapture requirements. Should Local Government consider
conveying the property, State and FHWA must be notified prior to the sale, transfer, or
disposal of any property that received federal funds. Written concurrence of approval
for the transaction, detailing any required recapture, must be obtained from FHWA
prior to the transaction. Advance notice from Local Government of their intended action
must be submitted to State for an FHWA review a minimum of 90 days prior to any
action being taken by Local Government. Local Government shall be held responsible
for reimbursement of all federal funds used or a portion of those funds based on a pro-
rata amount, considering the original percentage of federal funds provided and the time
elapsed from Project completion date. This same percentage of reimbursement also
applies to any amount of profit that may be derived from the conveyance of the
property, as applicable.
B. Any manufacturer warranties extended to Local Government as a result of Project shall
remain in the name of Local Government. State shall not be responsible for honoring
any warranties under this Agreement.
C. Should Local Government derive any income from the development and operation of
Project, a portion of the proceeds sufficient for the maintenance and upkeep of the
property shall be set aside for future maintenance. A project income report shall be
submitted to State on a quarterly basis. Monies set aside according to this provision
shall be expended using accounting procedures and with the property management
standards established in 2 CFR Part 200.
D. Should any historic properties be included in or affected by this federally funded
Project, the historic integrity of the property and any contributing features must
continue to be preserved regardless of any approved changes that may occur
throughout the life of Project.
13. Right of Way and Real Property Acquisition
A. Right of way and real property acquisition shall be the responsibility of Local
Government. Title to right of way and other related real property must be acceptable to
State before funds may be expended for the improvement of the right of way or real
property.
B. If Local Government is the owner of any part of Project site under this Agreement,
Local Government shall permit State or its authorized representative access to occupy
the site to perform all activities required to execute the work.
C. Local Government 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, 42 USC §4601 et seq., including those
provisions relating to incidental expenses incurred by the property owners in conveying
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TxDOT:: Federal Highway Administration:
CSJ # 0903-03-116 CFDA No. 20.205
District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
the real property to Local Government, and benefits applicable to the relocation of any
displaced person as defined in 49 CFR §24.2(g). Documentation to support such
compliance must be maintained and made available to State and its representatives for
review and inspection.
D. Local Government shall assume all costs and perform all work necessary to obtain
needed evidence of title or right of use to the real property required for development of
Project. Evidence of title or right of use shall be acquired in the name of (1) State, if the
real property is to be made part of the State Highway System, or (2) Local
Government, otherwise. The evidence of title or rights shall be acceptable to State, and
be free and clear of all encroachments. Local Government shall secure and provide
easements and any needed rights of entry over any other land needed to develop
Project according to the approved Project plans. Local Government shall be
responsible for securing any additional real property required for completion of Project.
E. Local Government shall prepare real property maps, property descriptions, and other
data as needed to properly describe the real property and submit them to State for
approval prior to Local Government acquiring the real property. Tracings of the maps
shall be retained by Local Government for a permanent record.
F. Local Government shall determine property values for each real property parcel to be
purchased with federal funds using methods acceptable to State and shall submit to
State a tabulation of the values so determined, signed by the appropriate Local
Government representative. The tabulations must list the parcel numbers, ownership,
acreage, and recommended compensation. The tabulation must be accompanied by
an explanation to support the estimated values, together with a copy of the
by Local Government in performing this work may be eligible for reimbursement after
Local Government has received written authorization by State to proceed with
determination of real property values. State will review the data submitted and will base
its reimbursement for parcel acquisitions on these in determining the fair market
values.
G. For State-selected TASA projects, Local Government shall not use eminent domain or
condemnation to acquire real property for this TASA Project.
H. Reimbursement for real property costs will be made to Local Government for real
property purchased in an amount not to exceed 80 percent of the cost of the real
property purchased in accordance with the terms and provisions of this Agreement.
predetermined fair market value of each parcel, or the net cost thereof, whichever is
less. In addition, reimbursement will be made to Local Government for necessary
payments to appraisers for expenses incurred in order to assure good title.
I. Local Government and current property owner are responsible for any costs associated
with the relocation of displaced persons and personal property as well as incidental
expenses incurred in acquiring property to implement Project. State will not pay any of
these costs.
J. If Project requires the use of real property to which Local Government will not hold title,
a separate agreement between the owners of the real property and Local Government
must be executed prior to execution of this Agreement. The separate agreement
between Local Government and the current property owner must establish that Project
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TxDOT:: Federal Highway Administration:
CSJ # 0903-03-116 CFDA No. 20.205
District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
will be dedicated for public use for a period of time not less than ten years after project
completion and commensurate with the federal investment as outlined in 43 Tex.
Admin. Code §11.317. The separate agreement must define the responsibilities of the
parties as to the use of the real property and operation and maintenance of Project
after completion. The separate agreement must be approved by State prior to its
execution and a copy of the executed separate agreement shall be provided to State.
K. Local Government shall execute individually or produce a legal document as necessary
the same to be recorded in the land records of the appropriate jurisdiction.
L. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49
CFR
Government Project Policy Manual. Local Government agrees to monitor Project to
ensure: (1) continued use of the property for approved activities, and (2) the repayment
of the Federal funds, as appropriate. Local Government agrees to the review of their
Project accounts and site visits by State during the development of Project at any time.
Upon Project completion, State will continue to perform periodic visits to confirm
M. Before the advertisement for bids, Local Government shall provide a certification to
State that all real property has been acquired.
14. Insurance
A. Should this Agreement authorize Local Government or its contractor to perform any
work on State right of way, before beginning work, the entity performing the work shall
provide State with a fully executed copy of State's Form 1560 Certificate of Insurance
verifying the existence of coverage in the amounts and types specified on the
Certificate of Insurance for all persons and entities working on State right of way. This
coverage shall be maintained until all work on State right of way is complete. If
coverage is not maintained, all work on State right of way shall cease immediately, and
State may recover damages and all costs of completing the work.
B. For projects including buildings, Local Government agrees to insure the building
according to Department specifications and further agrees to name the Federal
15. Notices
All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid,
addressed to that party at the following address:
Local GovernmentState:
:
City of Wichita Falls Texas Department of Transportation
ATTN: City Manager ATTN: Director of Contract Services
thth
1300 7 St. 125 E. 11 Street
Wichita Falls, Tx 76301 Austin, TX 78701
All notices shall be deemed given on the date delivered in person or deposited in the mail, unless
otherwise provided by this agreement. Either party may change the above address by sending written
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CSJ # 0903-03-116 CFDA No. 20.205
District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
notice of the change to the other party. Either party may request in writing that notices shall be delivered
personally or by certified U.S. mail, and that request shall be carried out by the other party.
16. Legal Construction
In case one or more of the provisions contained in this Agreement shall for any reason be held invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any
other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or
unenforceable provision.
17. Responsibilities of the Parties
Neither party is an agent, servant, or employee of the other party and each party is responsible for its
individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents.
18. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by State shall remain the
property of State. All data prepared under this Agreement shall be made available to State without
restriction or limitation on their further use. All documents produced or approved or otherwise created by
Local Government shall be transmitted to State in the form of photocopy reproduction on a monthly
basis as required by State. The originals shall remain the property of Local Government.
19. Document and Information Exchange
Local Government agrees to electronically deliver to State all general notes, specifications, contract
provision requirements, and related documentation in a Microsoft Word or similar format. If requested by
State, Local Government will use State's document template. Local Government shall also provide a
detailed construction time estimate, including types of activities and month in which the activity will be
completed, in the format required by State. This requirement applies whether Local Government creates
the documents with its own forces or by hiring a consultant or professional provider. At the request of
State, Local Government shall submit any information required by State in the format directed by State.
20. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and
regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any
manner affecting the performance of this agreement. When required, Local Government shall furnish
State with satisfactory proof of this compliance.
21. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and supersedes any prior
22. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in 2 CFR Part 200 that specify that all reimbursed costs are allowable, reasonable, and
allocable to Project.
23. Procurement and Property Management Standards
The parties to this Agreement shall adhere to the procurement standards established in Title 49 CFR
§18.36, to the property management standards established in 2 CFR 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform
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District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
Grant Management Standards. The State must pre-
procedures for purchases to be eligible for state or federal funds.
24. Inspection of Books and Records
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 three (3) 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.
25. 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
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.
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,
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District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
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.
26. 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), (pro-hibits
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
ral-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 A
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.).
27. Disadvantaged Business Enterprise Program Requirements
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Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
DBE
A.
requirements established in 49 CFR Part 26.
B. Local
C.
guidelines and in consideration of Local market, project size, and nature of the goods
or services to be acquired. Local Government shall have final decision-making
authority regarding the DBE goal and shall be responsible for documenting its actions.
D.
TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the
-Approved Disadvantaged Business
Enterprise by Entity, and attachments found at web address:
http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou_attachments.pdf.
E. Local Government shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of any DOT-assisted contract or in the
administration of its DBE program or the requirements of 49 CFR Part 26. Local
Government shall take all necessary and reasonable steps under 49 CFR Part 26 to
ensure non-discrimination in award and administration of DOT-assisted contracts.
Stat 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 shall be treated as a violation of this
Agreement. Upon notification to Local Government of its failure to carry out its
approved program, State may impose sanctions as provided for under 49 CFR Part 26
and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001
and the Program Fraud Civil Remedies Act of 1986 (31 USC § 3801 et seq.).
F. Each contract Local Government signs with a contractor (and each subcontract the
prime contractor signs with a subcontractor) must include the following assurance:
-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 carry out
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 breach of this
agreement, which may result in the termination of this agreement or such other remedy as the
28. Debarment Certifications
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
ent, 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 contract,
subcontract, or purchase order awarded under this Agreement to certify its eligibility to receive federal
funds and, when requested by 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.
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District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
29. Lobbying Certification
In
belief, that:
A. No federal appropriated funds have been paid or will be paid by or on behalf of the
parties to any person for influencing or attempting to influence an officer or employee
of any federal agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with federal contracts, grants, loans, or cooperative
agreements, the signatory for Local Government shall complete and submit the federal
Standard Form-
instructions.
C. The parties shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and all sub-recipients shall
certify and disclose accordingly. Submission of this certification is a prerequisite
imposed by 31 USC §1352 for making or entering into this transaction. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
30. Federal Funding Accountability and Transparency Act Requirements
A. Any 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://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and
http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf.
B. Local Government agrees that it shall:
1. Obtain and provide to State a System for Award Management (SAM) number
(Federal Acquisition Regulation (FAR) Subpart 4.11) if this award provides more
than $25,000 in Federal funding. The SAM number may be obtained by visiting the
SAM website whose address is https://www.sam.gov/portal/public/SAM/.
2. Obtain and provide to State a Data Universal Numbering System (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 on-line registration website http://fedgov.dnb.com/webform;
and
3. Report the total compensation and names of its top five executives to State if:
a. More than 80 percent of annual gross revenues are from the Federal
government, and those revenues are greater than $25,000,000; and
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District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
b. The compensation information is not already available through reporting
to the U.S. Securities and Exchange Commission.
31. Single Audit Report
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-
502, ensuring that the single audit report includes the coverage stipulated in 2 CFR
Part 200.
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 11th Street, Austin, TX 78701 or contact
Txsingleaudits@txdot.gov .
C. If expenditures are less than the threshold during Local Government's fiscal year, 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 Project remains open for federal funding expenditures, 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 Project has been formally closed out and no charges have been
incurred within the current fiscal year.
32. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf
of the entity represented.
THIS AGREEMENT IS EXECUTED
by the State and the Local Government.
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District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
THE STATE OF TEXAS THE LOCAL GOVERNMENT
Signature Signature
Kenneth Stewart Darron Leiker
Typed or Printed Name Typed or Printed Name
Director of Contract Services City Manager
Typed or Printed Title Typed or Printed Title
Date Date
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Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
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Loop 11 to Lucy Park
ATTACHMENTA
RESOLUTION OF LOCAL GOVERNMENT
Page 1 of 1
AFA-AFA_TASAAttachment A
TxDOT:: Federal Highway Administration:
CSJ #0903-03-116CFDA No. 20.205
District # 03 - Wichita Falls CFDA Title Highway Planning and Construction
Code Chart 64 # 46050 - City of Wichita Falls
Wichita Falls Shared-use Path,
Project Name
AFA Not Used For Research & Development
Loop 11 to Lucy Park
ATTACHMENT B
PROJECT LOCATION MAP
Page 1 of 1
AFA-AFA_TASAAttachment B
Attachment C
$0 $0 $0 $0 $0 450,347.00 450,347.00 $0 $0 $0 $0 $0 $0
Highway Planning and Construction
AFA Not Used For Research & Development
Local Government
authorized
Cost
EDC reduction
Participation
$$
Includes
Federal Highway Administration:
%
0%0%0%0%0%0%0%0%0%0%
%
20
Direct and Indirect State Costs Incurred for Review, Inspection, Administration & Oversight
20.205
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Work Performed by the State (Local Participation paid up front by LG to TxDOT)
State Participation
Includes authorized
Construction
Cost
EDC amounts
CFDA No.
CFDA Title
for
PROJECT ESTIMATE AND SOURCE OF FUNDS
Lets Project
0%0%0%0%0%0%0%0%0%0%0%
%
selected $0 $0 $0 $0 $0 1,801,388.00 801,388.00 $0 $0 $0 $0 $0 $0
Includes percentage for TDC
Park
applicable
Federal Participation
ATTACHMENT C
LG
Loop 11 to Lucy
Performs PE Work or Hires Consultant /
Cost
-
3
of
on MPO
$1,
City of Wichita Falls
projects where
1
Page
$
apportionment
Wichita Falls
-
Wichita Falls
%
116
0%0%0%0%0%0%0%0%0%0%
%80
-
03
-
46050
-
0903
Total Project Cost $0 $0 $0 $0 $0 2,251,735.00 2,251,735.00 $0 $0 $0 $0 $0 $0
-
03
Estimate
Code Chart 64 #
Project Name
$$
District #
:
TxDOT:
LG
CSJ #
CST
2,251,735.00
kind
Costs to be Incurred
-
Planning/Maps/Education/Non
-
(sum of construction cost and in
Description of
Total Construction Value
Work by State Subtotal
1
Preliminary EngineeringPreliminary Engineering
LG Subtotal
$$
Environmental Cost 1
Environmental Cost
Construction CostContribution Value
Kind
3
2
AFA_TASA
Right of WayRight of Way
Project
Construction
Work by
-
Eligible In
2
UtilitiesUtilities
value)
-
AFA
Attachment C
in 60 days prior to the Construction contract being advertised for bids.
$0 $0
Local Government (LG)
Highway Planning and Construction
or TDCs if authorized as part of
AFA Not Used For Research & Development
Includes authorized
Cost
EDC reduction
Participation
Federal Highway Administration:
0%
%
20.205
$0 $0 $0 $0 $0 $0
is due to State within 30 days from execution of this contract.
State Participation
Includes authorized
Cost,
EDC amount
contributions, EDC adjustments
CFDA No.
CFDA Title
This is an estimate, the final amount of Local Government participation will be based on actual costs.
0%0%0%0%0%0%0%
%
, plus 100% of overruns.
selected
Includes percentage for TDC
Park
applicable
Federal Participation
Loop 11 to Lucy
Cost
-
3
of
on MPO
City of Wichita Falls
is due to State with
kind
projects where
2
Page
..
.00
67,552.00
apportionment -
The local match must be 20% or greater and may include eligible in
2,071,596
.00
Wichita Falls
-
Wichita Falls
517,899
$
116
Total estimated payment by Local Government to State is
%
-
$
03
Maximum federal TASA funds available for Project are
-
46050
-
$
0903 47,286.00
The estimated total participation by Local Government is
Project Cost
-
03
20,266.00
Estimate
Code Chart 64 #
Project Name
$
Total
District #
:
$
TxDOT:
CSJ #
kind Contribution Credit Applied
Project Costs to be Incurred
Direct State Costs Subtotal
Description of
KIND CONTRIBUTION
PARTICIPATION AFTER
1
TOTAL PARTICIPATION
Preliminary Engineering
TOTAL REMAINING
project selection.
1
Environmental Cost
Indirect State Cost
1
2
AFA_TASA
Right of Way
Construction
1
Utilities
2
13
-
-
-
AFA
InIN
Attachment C
Highway Planning and Construction
AFA Not Used For Research & Development
Federal Highway Administration:
20.205
CFDA No.
CFDA Title
Park
Loop 11 to Lucy
3
of
City of Wichita Falls
3
Page
Wichita Falls
-
Wichita Falls
116
-
03
-
46050
-
0903
-
03
Code Chart 64 #
Project Name
District #
:
TxDOT:
CSJ #
AFA_TASA
-
AFA