Res 126-2013 11/19/2013 RESOLUTION NO. 126-2013
Resolution Approving Local Project Advance Funding Agreement
(LPAFA) With The Texas Department Of Transportation (TxDOT) For
State Right-Of-Way On Kemp Boulevard As Part Of The 2013 Street
Rehabilitation Project (CWF13-100-09) In An Estimated Amount Payable
By TxDOT To The City Of $59,997.25
WHEREAS, the City of Wichita Falls has met with the Texas Department of
Transportation to discuss the proposed work and specifications; and
WHEREAS, the Texas Department of Transportation has proposed to reimburse
the City of Wichita Falls for the proposed work to be done on Kemp Boulevard within the
state right-of-way under the overpass of Kell Boulevard for an amount not to exceed
$59,997.25.
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 attached Local Transportation
Project Advance Funding Agreement (LPAFA) with the Texas Department of
Transportation for the 2-inch mill and 2-inch overlay of Kemp Boulevard in the state
right-of-way under Kell Boulevard as part of the 2013 Street Rehabilitation Project
(CWF13-100-09), in an estimated amount payable by TxDOT to the City of $59,997.25,
with changes as approved by the City Attorney.
PASSED AND APPROVED this the 19t" day of November, 2013.
MAYOR
ATTEST:
City CI k
C a,J # 62+65-26-001
District# 03-Wichita Falls
Code Chart 64# 46050
Project: Kemp Blvd Rehab Project
Federal Highway Administration
CFD.4# 0-285
Not Research and Development
STATE OF TEXAS
COUNTY OF TRAMS �
LOCAL TRANSRORTATION PROJECT
ADVANCE FUNDING AGREEMENT
FOR AN ON-SYSTEM CATEGORY 144 PROJECT
THIS Local Project Advance Funding Agreement (LPAFA) is made by:and betdveer, the State of
Texas, acting by and through the Texas Department-of Transportation, called the "State'. and the
City of Wichita Falls, acting by and through irs duly authori--ed officials, called the "Local
Govemment.°
WITN'E S S ET H
WHEREAS, a II'daster Agreement betoveen the Local Government and the State has been adopted
and states the,generaI terms and conditions for transportation projects developed through this
LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order Number 113675 that
provides for the development of, and funding for, the Project described herein and,
WHEREAS, the Goveming Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance dated , 26—. which is attached to and made a part of this
agreement as Attachment A for the development of the Project_ a map showing the Project location
appears in Attachment B, which is attached to and made a part of this agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreement's
of the parties; to be by them respectively kept and performed as hereinafter set forth, it is agreed as
follows:
AGREEMENT
1. Period of the Agreement
The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this LPAFA
Termination of this LP.AFA shall be under the condi ons as stated in the Master Agreement. Theis
LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months er longer
and no expendir-ures have been charged against federal funds.
3. Amendments
amendments to this LPAFA shall be made as described in the Master Agreement, without
exception.
AFA-LPAFA_ShrortDen_doc Page 1 of 8 Revised LlN29 D13
CSJ# 6265-26-001
District# 03-Wichita Falls
Code Chart 64 # 46050
Project: Kemp Blvd Rehab Project
Federal Highway Administratiop
CFDA# 20-205
Not Research and Development
4. Scope-of Work
The scope of work for this LPAFA is described as: This work will consist of milling and paying the
north and south boun d lanes of Kemp Blvd in the right-of-wa'-,, of US 8,2�277(Kell Blvd)frontage
roads. The work will involve base repair n ea r the mo int of the existing concrete pavement The
a xisti nq pavement will be milled to a depth of 2 inches. The surface course applied will be 2
inches-of Stone Matrix asphalt using the TxDOT specification..
5. Right of Way and Real Property
Right of way and real property shall be the responsibility of the Local Government as stated in the
M aster Ag Fe eme nt,with-out exception
6. Utill ities.
Adjustment of utilities will be provided by the Local G ove m m ent as required and as stated in the
1`0 aster Ag re am a nt,without exception.
7. Envir-orimental Assessment and Mitigation
Environmental assessment and mitigation will be carried out as stated in the Master Agreement.
Additionally, before the advertisement for bids, the Local Government shall provide to [he State
written documentation from the appropriate regulatory agency or agencies that all environmental
clearances have been obtained-
8. Compliance with Texas Accessibility Standards and ADA
Compliance with Texas Accessibility Standards and the Americanswith Disabilities Act (ADA) will
be as stated in the Master Agreement, without exception-
9. Architectural and Engineering Services
Architectural and engineering services will be provided by the Local Government as stated in the
Master Agreement- The Local Government is responsible fDrperlormance of any required
.architectural or preliminary engineering work. For projects 0 n the state highway ay system, the
design shall, at a minimum conform to applicable State manuals. For projects not on the state
highway system,the design shall, at a minimum, conform to applicable Afnefican Association of
State Highway and Transpoftation OfficraI5 design standards. The State may review and
comment on the work as required to accomplish the public purposes of the State- The State will
cooperate fully with the Local Govemmerd in accomplishing these local public purposes to the
degree permitted by State and Federal law.
10. Construction Responsibilities
Construction responsibilities will be carried out by the Local Government as stated in the Master
Agreement.
11. Project Maintenance
Project maintenance Will be undertaken as provided for in the Master Agreement, without
exception.
AFA-1-PAFA-ShortGen.doc Page 2 of 3 Revised 03�29d2013
CSJ # 6265-26-001
District# 03-Wichita Falls
Dade Chafrt 64# 46D50
Project_ Kemp Blvd Rehab Proiect
Federal Highway Administration
CFDA# 20-205
Not Research and Development
12. Local Project Sources and Uses of Funds
A. A Project Budget Estimate is provided in attachment G.. The State and the Federal
Govemment will not reimburse the Local Government for any work performed before the
federal spending authority is formally obligated to the Project by the Federal Highway
Administration. Afterfederal funds have been obligated, the State will send to the Local
Govemment a copy Of the formal documentation showing the obligation of funds including
federal award information. The Local Government is responsible for one hundred percent
(10G%)of the cost of any work performed under its direction car control before the Federal
spending authority is formally obligated..
B. If the Local Government will perform any work under this-contract for which reimbursement will
be provided by or through the State, the Local Goveniment must complete training 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 receives a certificate
for the course entitled Local Govemrwrif Project Frocedures Quaidcation far the Texas
Department-of Transportation- The Local Government shall provide the certificate of
qualification to the Skates The individual who receives the training certificate may be an
employee of the Local Government or an employee of a firm that has been contracted by the
Local Government to perform oversight of the Project_ The State in its discretion may deny
reimbursement if the Local Government has not designated a qualified individual to oversee
the Project-
C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also
provided in Attachment C. ,attachment G shows the percentage and estimated dollar amount
to be contributed to the project by federal, state, and local sources. The parties agree that the
LPAFA may be amended from time to time as required to meet the funding commiltments
based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other
federal document.
D. The Local Government is responsible for all non-federal and non-state funding, including any
project cost overruns, unless otherwise provided for in this agreement or through amendment
of this agreement.
E. Friar to the performance of any engineering review work by the State, the Local Government
will pay to the Skatethe .amount specified in Attachment C. At a minimum, this aniount shall
equal the Local Government's funding share for the estimated cost of preliminary engineering
for the project_ At least sixty(60) days prior to the date set for receipt of the constructior bids,
the Local Government shall remit its remaining financial share for the tate's estimated
construction oversight and construction costs.
F. In the event that the State determines that additional funding by the Local Government is
required at any time during tree Project. the State Mll notify the Local Government in writing.
The Local Government shalt make payment to the State within thirty(30) days from receipt of
the tate's written inotification.
& Whenever funds are paid by the Lo-cal Government to the State under this Agreement., the
Local Goverrment shall remit a check or warrant made payable to the"Texas Department o_
Transportation Trust Fund." The check or warrant shall be deposited by the State in an
escrow account to be managed by the State. Funds in the escrow account may only be
applied by the State to the Project. If, after final Project accounting, excess funds remain in
the escrow account,those funds may be applied by the State to the Local Government's
AFA-LPAFx_BhortDen_doc Page 3 of 8 Revised ON29 D13
DS.J# 6265-26-001
District# 03-Wichita Falls
Code Chart 64# 46f)50
Project: Kemp Blvd Rehab Proiect
Federal Highway,Aden ini ctratian
CFDA# 20-205
Not Research and Development
comractuaI obligations to the State under another advance funding agreement with approval
by appropriate personnel of the Local Government_
H. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, inc ,jding but not limited to outdoor advertising billboards and storm water drainage
faci'i'�; req-- ren,ents, are more restrictive than State or Federal Regulations, or if anyother
eccal y pPa.,r used changes, including but not limited to plats or repl.ats, result in increased costs,
the,,,, arrf increased costs associated with the ordinances or changes will be paid by the Local
Govem-nent. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities.
I, The state auditor may conduct an.audit or investigation of any entity receiving funds from the
State directly under this contract or indirectly through a subcontract under this contract_
Acceptance of funds directly under this contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct are audit or investigation in connection with those funds.
Any entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditorconsiders relevant to the investigation or audit.
J. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds_ If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
K. The Laical Government is authorized to submit requests for reimbursement by submitting the
original of an itemized invoice in a form and containing a1`I items required by the .Mate no more
frequently than monthly and no later than ninety ('90) days after costs are incurred_ If the Local
Govemment submits invoices more than ninety(90)days after the costs are incurred, and if
federai funding is reduced as a result,the State shall have no responsibility to reimburse the
Local Government for those costs.
13. Document and Information Exchange
The Local Government agrees to electronically deliver to the State all general notes;
specifications; contract provision requirements, and related documentation in a Microsofti&Word
or similar document. If requested by the Mate, the Local Government will use the State's
document template_ The Local Government shall also provide a detailed construction time
estimate including types of activities .and month in the format required by the,Mate. This
requirement applies whether the Local Government creates the documents with its own forces or
by hiring a consultant or professionau provider. At the request of the State, the Local Government
shall submit any information required )y the State in the format directed by the State.
14. Incorporation of Master Agreement Provisions
This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the
date of final execution of this LPAFA; unless an exception has been made in this agreemment_
1 5. Insurance
If this Agreement authorizes the Local Government or its contractor o perforni any work on State
Fight of way, before beginning work the entity performing theY%,orR shall provide the Mate with a
AFA-LEP.AFA_BhortDen_doc Page 4 of 8 Revised C1.3l29M15
CSJ # 6265-26-001
district# 03-Wichla Fab
Code Chart 64# 46050
Project:Kemp Blvd Rehab Proiect
Federal Highway Administration
CFDA# 2D_205
Not Research and Development
fully executed copy of the State's Form 1550 Certificate of Insurance verifying the existence of
coverage in the amounts and types specified on the Certificate of Insurance for all persons and
entities harking on State right of way_ This coverage shall be maintained until all work on the
State right of way is complete. If coverage is not maintained, all work on State light of way shall
cease immediately, and the State may recover damages and all costs of completing the work.
16. Debarment Certification
The parties are prohibited from making .any award at anytierto any partytha.t is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal assistance
Programs under Executive Order 12549, "Debarment and Suspension-" fay executing this
,agreement,the Leal Covemment certifies that it is net 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 ;)us..ness with any party 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 contract shall require any
party to a subcontract or purchase order awarded under this contract to ceffy its eligibility to
receive federal funds and,when requested by the State. to furnish a copy of the certification.
17. Coost Prineipies and Office of Management and Bud Uet I;C>'14B)Audit Requirements
Ir,orderto be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in 0r4B Circularl4-87 that specify that all reimbursed costs are allowable, reasonable,
and allocable to the Project_
18. Notices
All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage
prepaid, addressed to that party ax the following address:
Local Government: State:
City Manager Director of Contract Services Office
City of Wichita Falls Texas department of Transportation
1300 7'Street 125 E. 11 r'Street
Wichita Falls, TX 76301 Austin, Texas 78701
all no Uces 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 notice of the change to the other party. Either party may request in writing that notices
shali tie delivered personally or by certified U.S. mail, and that request shall be carried out by the
oth er party_
19. Civil Rights Compliance
The Local Govemment shall comply with the regulations of the U.S-Department of Transportation
as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 2€ 0), and Executive Order
AFA-LPAFA_ShortCen_doc Page 5 of 8 Revised 63J2 1]13
CSJ# 6265-26-001
Diistrict# 03-Wichita Falls
Code Chart 64 # 46050
Project: Kemp Bled Rehab Proiect
Federal Highway Administration
CFDA#k 20_205
Not Research and Development
246 titled "Equal Employment Opportunity,' as amended by Executive Order 11375 and
SLIpplemented in the Department of Labor Regulations(41 CFR Part 68)_
20. Disadvantaged Business Enterprise (DBE) Program Requirements
A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements
established in 49 GFR Part 26.
B. The Local Government shall adopt, in its totality, the State's federally approved DBE program_
C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE
guidelines and in consideration of the local market, project size, and nature of the goods or
services to be acquired. The Local Government shall have final decision-making authority
regarding the DBE goal and shall be responsible for documenting its actions..
D. The Local Government shall follow all other parts of the State's DBE program referenced in
TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas
Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by
Entity, and attachments found at web address
htttp_liftp..dot.stage.#x.us.�i)ui�txdot-info )opfd!)e moulmou attachments_pdf_
E. The Local Government sha.l] not discriminate on the basis of rase, color, national origin, or sex
in the award:and performance of any U.S. Department of Transportation (DOT)-assisted
contract or in the administration of fts DBE program or the requirements of 49 OFR Part 26_
The Local Government shall take all necessary and reasonable steps under 49 CFR Fart 26 to
ensure non-discrimination in award and administration of DOT-assisted contracts_ TheState's
DBE program, as required by 49 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 notififation to the
Local Government of its failure to carry out its approved program, the 'State may impose
sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of
1966 (31 U.S.G. 3801 et seq.)_
F. Each contract the Local Government signs with a contractor(and each subcontract the prime
contractor signs with a sub-contractor) must include the following assurance: Thee contractor
sub-recipient, or sub-contractor shall not discriminate on the ,haws of rake, color, nabonW
origin, or sex in the performance of this contract_ The contractor shall carry Cut applicable
requirements of 49 CFR Part 26 in the a ward and administration of DO T-assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this
agreement, which may resutt in the termination of this agreement or such other remedy as the
recipient deems appropi7ate_
21. Federal Funding Accourntalail" 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:/hvww.Qvo.QovIfdsysIpWIFR-2010-69-14lpdff2gl[-22785.Of and
httpJlwww.ctrio.QovffdsyslpkttlFR-20,10-09-14lpdf,"281 11-2.2706.pdf
B. The Local Govrernment agrees that it shall:.
AFA-LPAFA_ShortGen_doc Page 6 of 8 Revised ON29MI3
S,J # 6265-26-001
district# 03-Wichita Falls
Code Chart 64# 46050
Project:Kernrr Blvd Rehab Proiect
Federal Highway Adniinii&tration
CFDA* 20_205
Not Research and Development
1_ Obtain and provide to the State a Central C-ontracting Registry (CCR)number(Federal
Acquisition Regulation. Part 4, Sub-part 4.1100)if this award provides for more than
25,€00 in Federal Funding. The CCR number may be obtained by visiting the CCR
website whose address is: https: x .sam_gov)portaVpubCicJSAMf
2_ [Obtain and provide to the 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�D&B) on-line registration
urebsite htt[)Pfedaov.dnb.com1webform: and
3_ Report the total compensation and names of its tap five (5) executives to the State if
i. More than 80 of annual gross revenues are from the Federal government, and those
revenues are greater than $25,000,IXID, and
ii_ The compensation information is not already available through reporting to the
U-S. Securities and Exchange Commission-
22. 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 OMB Circular A-133.
B, If threshold expenditures of$500,000,or more are met during the Local Government's fiscal
year, the Local Government must submit a Single audit Report and Management Letter(if
applicable)to TxDCT`s Audit Office, 125 E. 11th Street, Austin, TX 7-87411 or contact TxDOT's
Audit Office at htti).-IA tinrw.txdot.-govlinside-txdotloffice�audiVcon act.html_
C. If expenditures are less than S500.000 during the Local Government's fiscal year, the Local
Government must submit a statement to Tx DO-FsAudit Office as follows°-We did not meet
the$500,040C) expenditure threshold and therefore, are not required to have a single audit
performed for F'Y "
D. For each year the project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above_ The
required annual filing shall extend throu g hout the life of the agreement, unless otherwise
amended or the project has been formally closed out and no changes have been incurred
within the Current fiscal year.
23. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
AFA-LPAFA_ShortGen_doc Page 7 of 8 Revised 0-V29421313
DSJ# 6266-26-Z01
District# 03-Wichita Falls
Dade Chart 64 # 46Q50
Project: Kemp BtMd Rehab Project
Federal Highway Administration
GFDA# 20_205
Not Research and Development
THIS AGREEMENT IS EXECUTED by the State ,and the Local G,ovemment in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Tit le
Date
THE STATE OF TEXAS
Janice MuJlenix
Directorof Contract Services
Texas Department of Transportation
[date
AFA-LPAFA_ShortGen.doe Page 8 of 8 Reeitie-d 03.,2012013
CSJ « e26 28-001
DB%ae 0$WEh« Falls
Cie Chart 64■ *e050
Project: Kemp Blvd Rehab Proiect
Federal Highway Administration
CFDA« :205
Not Research and Development
ATTACHMENT
RESOLUTION OR ORDINANCE
AF±rAF=ShortG .oc Page IofI &tta me%A
CS9# 6e-26-001
Ustrict# 03-Wichita Falls
Code Chart 64# 46050
Project: Kemp Blvd Rehab Project
Federal Highway Administration
CFDA# 2G_205
Not Research and Development
ATTACHMENT B
PROJECT LOCATION MAP
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A,FA-LPAFA._ShorttGera-dGC Page 1 of 1 Attachmert E;
CSJ# 6265-26- 101
Diistriict# 03-'Wichita Falls
Code Chart 64# 46050
Project: Kernp Bled Rehab Project
Federal Highway Administration
CFDA#, 'D-205
Not Research and Development
ATTACHMENT
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
The State gill I)e responsiNa for 100 of the casts of construc-.jon can state-ma intain&�- f.R:_
Description Total Federal f,ta`e Participation Local Participation
Estimated Participation
Est % ost opt �c
Engineering s0 01% . 0 .a'?° 0 % C
by Local
Government)
Construction $59,997.25 0% S0 100 [59,997.2-5 Ufa 0
by Local
Government)
ubtotal $59,997.25 0 0 59,997.25 c
Environmental Direct $>10 0 0 100% 10 % 0
State Costs
Right of Way Direct $10 ¢Po 0 100 110
`'fate Costs0
Engineering Direct $10 0% 0 100% 10 "% 0
State Costs
Utility Direct State Siff 0a 0 100% 10 % so
Costs
Construction Direct $4300 0 100% 600 % 0
State Costs
Indirect State"Costs $4,362.00 0 0 100% 4,362 % 0
OTAL $64,999.25 9 a 64,999.25 0
EsUmate+d total payment by the State to the Cite $59,997.25
This is an esfirnate. The final amount of State participation swill be based on actual casts.
AFA-LPAFAa_ShortGen_doc Rage 1 of 1 Attachment C
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