Res 007-83 1/4/1983RESOLUTION NO. 7_7
RESOLUTION APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH THE STATE
OF TEXAS CONCERNING CAPITAL ASSISTANCE FUNDING
OF TRANSIT FACILITIES.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA •
FALLS, TEXAS, THAT:
That certa.in contract, a copy of which is attached hereto, between the City of
Wichita Falls and the State of Texas acting by and through the State Department
of Highways and Public Transportation, is hereby approved and the City Manager
is authorized to execute the same for the City of Wichita Falls.
PASSED AND APPROVED THIS the 4th day of January 1983.
A O R
ATTEST:
City Clerk
Page of Pa ges
Agenda. Item No.
CONTRACT
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STATE OF TEXAS i
COUNTY OF TRAVIS j
THIS CONTRACT made by and between the State of Texas acting by and through
the State Department of Highways and Public Transportation, hereinafter called the
71 ' s ' State", and the City of Wichita Falls, hereinafter called the "City".
WITNESSETH
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WHEREAS, the City has made application for a capital improvement grant through
the Urban Mass Transportation Administration for financing (1) land acquisition,
2) site preparation, (3) constructing and equipping a transit maintenance and admin-
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istrative facility, and (4) contingencies as described in "Attachment A", hereto; and,
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1 WHEREAS, in response to the City's request, Commission Minute Order Number
78333 authorized the State to provide approximately $81,000 for assisting in financing
said project;
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NOW THEREFORE, the State and the City in consideration of the premises and
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mutual covenants and agreements of the parties hereto, to be made by them, respectively
F kept and performed, as hereinafter set forth, hereby agree as follows:
I. The State will pay the City in an amount equal to sixty-five percent (65%)
of the local share of the actual net project cost as determined by the State, or in
r z :i the amount of Eighty Thousand One Hundred Ten and No/100 Dollars ($80,110.00), which-
s 4ii ' s j i ever is the lesser. The total payment by the State is generally not to exceed the
s total funds authorized by Commission Minute Order Number 78333 in the amount of
rrU1 .t Eighty Thousand One Hundred Ten and No/100 Dollars ($80,110.00). In the event of any
adjustments to the Project Budget ("Attachment A"), such adjustments being within
the scope of the original project, allowed and approved by the federal agency, and
so reflected in an amended federal project budget, the State funding for the project
k, , ,, ,may be similarly amended to reflect an adjusted amount not to exceed sixty five percent
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65%) of the local share of the actual net project cost. The State will make payments
to the City based upon properly prepared and executed Form 132's. The State, through
its District Engineer, will certify by the executed Form 132 that the items indicated
on said form for payment have been received by the City, and the State and City together
have inspected and accepted the same as satisfactory. The City shall make available
to authorized representatives of the State and Federal agencies involved in this project
all records applicable to said project for the purpose of audit. All project records
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shall be retained for three (3) years after final payment by the State. Eligibility
of cost to be determined based upon OMB Circular A-87, Cost Principles for State and
Local Governments.
II. Project facilities, equipment and/or services shall be used for the provision
of public transportation services described within the duly executed contract between
the Urban Mass Transportation Administration and the City for federal project number
444 ,;q 64* TX-05-0075. In the event that any project facility, equipment and/or service are not
used in the proper manner or are withdrawn from public transportation services to be
used for other than the provision of public transportation services, the City shall
immediately notify the State and shall remit to the State a proportional amount of
the fair market value of such facilities, equipment and/or services on the basis of
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the ratio of the grant made by the State to the actual total participating cost of the
project. The procedure for determining the fair market value shall be at the option
of the State as either (1) the value of the property as determined by competent
appraisal, conducted as soon after such withdrawal or misuse occurs as feasible, by
appraiser(s) acceptable to both the City and the State, or (2) actual proceeds from a
public sale, acceptable to both the City and the State, of such property.
III. The purchase of project facilities, equipment and/or services shall begin
within 365 days from the date of final State execution of this contract. If the
purchase of project facilities, equipment and/or services is not begun within the
specified time period, this contract becomes void and State funding is hereby withdrawn.
IV. This contract becomes valid (1) subject to availability of appropriated State
funds and (2) at such times as a contract between the City and the Urban Mass Trans-
portation Administration has been duly executed which exactly reflects the Project
Budget as described in "Attachment A" hereto, including all estimated costs and a
State share level of funding as reflected by Minute Order Number 78333, and such
contract has been accepted by the State, at the option of the State.
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IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed on the day of 1982, by the City of Wichita Falls
and on the day of 1982, by the State of Texas.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
State of Texas City of t•lichita Falls
7" Certified as being executed for the By
purpose and effect of activating
and/or carrying out the orders,
established policies, or work pro-Title
grams heretofore approved and
authorized by the State Highway
and Public Transportation Commission. ATTEST:
APPROVED:APPROVED AS TO FORM AND LEGALITY:
By
Engineer-Director
Executed and approved for the State Highway
and Public Transportation Commission under
authority of Commission Minute Order 78501. Countersigned:
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Date: By: •
RECOMMENDED FOR EXECUTION: Title:
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District Engineer, District 3
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ti ,t Director, Finance
State Transportation Planning Engineer
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City of Wichita Falls
Estimated Project Budget
TX-05-0075
1. Land acquisition 78,000
2. Relocation expense 69,000
3. Construction
Total = $2,467,484
Transit share = $2,467,484 x 14% = 345,448
4. Shared use equipment
147,600 x 14% = 20,664
5. Transit shop equipment 40,387
6. Transit administrative equipment 23,935
Sub-total 557,434
Contingency
Item 3 (10%) 34, 545
Items 4-6 (5%) 4,249
Sub-total 38,794
Estimated Gross Project Cost 616,228
ATTACHMENT A
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