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Res 054-2010 4/20/2010 RESOLUTION NO. 54-2010 Resolution Approving An Advance Funding Agreement With The Texas Department Of Transportation To Provide For Installation Of Breakaway Light Poles Along Maplewood Avenue From Midwestern Parkway And Kemp Boulevard, Subject To A Local Match Of $23,544 WHEREAS, the Texas Department of Transportation is proposing to re-construct the street lighting infrastructure along Maplewood Avenue through their Hazard Elimination/Safety program and, WHEREAS, the City is required to participate by matching 10% of the construction costs; 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 Advance Funding Agreement with the Texas Department of Transportation to provide for installation of breakaway light poles along Maplewood Avenue from Midwestern Parkway to Kemp Boulevard, with changes thereto in a form approved by the City Attorney, subject to a local match of $23,544. PASSED AND APPROVED this the 20 day of April, 2010. MAYOR ATTEST: � ' y Clerk C� 0903-03-094 • - Distrid # wchita Falls Code Chart 64# 46050 Projed: On Maalewood Avenue from M�dw bem parkwa�to Kema Blvd. CFDA # 20.2Qb STAI'E OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNOING AGREEMENT For A Hazard EfiminattonlSafety Project (Safety Treated Fixed Objects) THIS Local Projeat Advance Funding Agreement (LPAFA� is made by and between the State of Texas, ading by and through the Texas Department of Transportation, hereinafter called the °State", and the Citv of YVichita Falla, acting by and through its duly authorized officials, hereinafter called the "Local Govemment" WITNE3SETH WHEREAS, a Master Agreemerrt between the Local Govemment and the State has been adopted and states the general temns and conditions for transportation projects developed through this LPAFA; and, 1NHEREAS, the Texas Transporta6on Commission passed Minute Order 111335 that provides for the development of, and funding for, the projed describe herein; and, WHEREAS, the Goveming Body of fhe Local Govemmerrt has approved ente�ng into this LPAFA by resofution o� ordinance dated , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is ide�tified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respecrively kept and performed as hereinafter set forth, it is agreed as follovus: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without excep6on. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without excepbon. 4. Scope of Work The scope of work for this LPAFA is described as lnstallina safetv treabed fixed obiects jbreakawav lis�ht aolssl on Maalewood Avenue from Mldwestem ParkwaY to Kema Blvd. 5. Right of Way and Real Property shall be the responsibility of the Local Govemment, as stated in the Master Agreement, without exception. 6. Adjustment of utilities wil{ be provided by the Local Govemment as required and as stated in the Master AgreemeM without exception. AFA-LPAFA_ShortGen.doc Page '{ of 8 Revised 09/23I2009 CSJ 0903 - � Qistrict # Wichita Falls Code Chart 64# 46050 Project: On Maolewood Avenue from AAidwest,em Parkwav to Kema Blvd. CFDA # 20.205 7. Environmental Assessment and Mitigation will be carcied out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibil'ity Standards and ADA will be as stated in the Master Agreement, without exception. g. Architectural and Engineering Services will be provided by the State, as stated in the Master P�qreement, withaut exception. The State is responsible for performance of any required architectural or preliminary engineering work. The Local Govemment may review and comment on the wo�lc as required to accomplish the public purposes of the Local Govemment. The State will c:ooperate fully with the Local Govemment in acxomplishing these local public purposes to the degree permitted by State and Federal ]aw. 10. Constructian Responsibifities will be carried out by the State, as stated in the Master Agreement, without excep6on. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provideci in Attachment C. The Stafe and the Federal Govemment will not reimburse the Local Govemment for any work performed before the issuance of a formal Letter af Authority by the Federaf Highway Administration. 7he Local Govemmer�t is responsible for 100% of the cost of any work pertormed under its direction or control before the federel Letter of Authority is formally issued. If the Local Govemmerrt will perform any work under this contract for which reimbursemerit will be provided by or through the State, the Local Govemment must complete training before a letter of authority is issued. Training is complete when at feast one individual who is working actively and direcUy on the Project successfully completes and receives a certificate for the course entitled Loca/ Govemment Project Procedures Qualification for the Texas Deparfinent of Transpo►fation. The Local Govemment shal! provide the certificate af qualification to the State. The individual who receives the training certificate may be an employee of the Local Go�emment or an employee of a firm that has been contracbed by the Local Govemment to perForm oversight of the Project. The State in its discretion may deny reimbursement if the Locat Govemment has not designated a qual'fied individual to oversee the Project. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute do[lar amount to be contributed to the project by federal, state, and local sources. c. 7he Loc�l Government is responsible for all non-federal and non-state funding, including all project cost overruns, unless otherwise provided for in this Agreement or through amendment of this agreement. d. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local GovernmenYs funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt af the construction bids, the Local Govemment shall remit its remaining financial share for the State's estimated construction oversight and construct�on costs. AFA-�PAFA_ShortGen.doc Page 2 of 8 Revised 0923/2009 � 090 -0 -094 • � Distrid # wchita PaE{s Code Chart 64# 46050 Projed: an Maulewood Avenue from Midweatern Parkwa to Kem Bhrd. CFDA # 20.205 e. In the event that the State determines that add�ionaf funding by the Local Govemment is required at any time during the Project, the State wili notify the Local Govemment in writing. The Locaf Govemment sha11 make payment to the State within thirty (30} days from reoeipt of the State's written notification. f. Whenever funds are paid by the Local Govemmerrt to the State under this �c reeme�t, the Local Govemment shalE remit a chedc or warrant made payable to the "7exas Depactment of Transportation Trust Fund " 7he check or warrant shafl be deposited by the State in an escrow acoounY to be managed by the State. Funds in the escrow accaunt may only be applied by tfie 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 contractual obligations to the State under another advance funding agreement. g. If any existing or fuwre focal ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage faality requirements, are more restrictive than State ar Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or cfianges will be paid by the local govemment. 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 eligibie utilities. h. The state auditor may wnduct an audit ar invest�gation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptanoe of funds directly under the oontract or indirectly through a suboontract under this contrad acts as acceptance of the authordy of the state auditor, under the direction of the legislative audit committee, to canduct an audit or investigation in connection with those funds. Any entity that is the subjeot 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. i. The parties shall comp�y with the requiremeMs of the Single Audit Act of 19&4, P.L. 98-502, ensuring that the single audit report inctudes the coverage stipulated in OMB Circular A-133. j. Whenever American Recovery and Reinvestment Act of 2009 ARRA funds are used and the Local Govemmerrt is performing any woric, either directly or through a contractor, ft must comply with the foflowing provisions. If a Local Govemment is receiving ARRA funds, but is not performing any work, the fo{lowing provisions appy, if appropriate, and to the extent necessary to comply with ARRA regulations. In acxordanc�e with Section 902 of the ARRA, shouid this agreement involve the expenditure of ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to: ' a. examine any records of the contrador or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and invofve transactions relating to the contract or subcontract; and b. interview any officer or employee of the contractor or any of its subconiractors, or any State or local agency administering the contract regarding such contracts. Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the exlsting authorityr of the Camptroller General. AFA-LPAFA ShortGen.doc Page 3 of 8 Revised 09/23l2009 C� 0803-03-094 _ • District # Wichita Fails Code Chart 64# 46050 Project On Maalewaod Avenue from Midwesbem Parlcwav to Kemo Blvd. CFDA# 20.205 In acxordance with Section 1515(a) of the ARRA, with respect to each contract or grant awarded using covered funds, any representative of an appropriate inspedor general appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized: a. to examine any r+ec�rds of the contractor or grantee, any of its subcontractors or subgrarrtees, or any State or local agency administering such contract that pertain to and invoNe transactions relating to the contrad, subcontract, grant, or subgrant; and b. to interview any officef or employee of the contcactor, grantee or subgrantee, or agency regarding such transactions. Section 1515(b) further provides that nothing in the section previously mentioned shall be interpreted to limit or restrid in any way the existing authority of an i�spectar generel. The ARRA requires that the Contractor report monthly employmerrt information for its firm as wefl as that of all of its subcontractors. The Contractor, similarty, shall ir�clude this reparting requirement in all of its subcantracts. Failing to incfude the requi�ement in agreements with subcontraCtors can serve as grounds for cantract termination. Form FHWA-1588, Morrthl�.Emalovment Re�ort, promulgated by the Federal Highway Administration (�HWA), captures the necessary morrthty employment in#orma6on and shall be submitted by the Contractor on a r�egularbasis to the LG (Local Govemment). It is the responsibility of the LG to obtain this form from the prime Contractor and any subcontractors and, the !.G shall verify the accuracy, completeness, and reasonableness af the data cantained in the foRn. The LG shall ensure that this form is submitted by the LG to the State according to the policies and at the diredion of the State. In order to meet any other FMNA and ARRA reporting requirements, the LG shall provide to the State all information requested by the State, including data or informafion in possession of contrectors and subcorrtractors for completing other necessary reporting forms, and the information shall be submitted in the manner required and according ta all due dates as set by the State. j. 1M�enever funds from the American Recovery and Reinvestment Act of 2009 (ARRA) are distributed to a Local Govemment, the Local Goverrtment must complete its Schedule of Expenditures of Federel Awards (SEFA) and the Data Collection Form (SF-SAC), as required by OMB Circuiar A-133, and separetey identiiy any ARRA expenditures for Federal Awards. k_ PaymeM under this corttract 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. 13. Document and Informatian Exchange. The Local Govemment agrees to electronicafly deliver to the State all general notes, speafications, contract provision requiremerrts and related documentation in a Microsofi� Word or similar document. If requested by the State, the Local Govemmenf will use the State's document template. The Local Govemment shall also provide a detailed construction time estimate including types of acdvities and month in the format required by the State. This requiremerrt applies whether the Loca! Govemment creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Govemment shalt submit any information required by the State in the format directed by the State. AFA-LPAFA ShortGen.doc Page 4 of 8 Revised OS/23/2009 C� 0903-03-094 • D'�strict # Wichita Falls Code ChaR 64# 46050 Project: On Maulewood Avenue from Midwestem Parkwav bo Kemo Blvd. CFDA # 20 6 — 14. Incorporation of Master Agreement Provisions. 'This LPAFA incorporates all of the goveming provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this L.PAFA, unless such MAFA pro�ision is specifically excepted herein. 15. lnsurance. ff this agreement authorizes the Loca! Govemment or its contractor to perform any work on State right of way, before beginning work the entity performing the wortc shall provide the State with a fulty executed copy of the State's Form 1560 Cefificate of Insurance verifying the existence of coverage in the amounts and types speafled on the Certificate of Insurance for all persons and entities working on State right of way. This coverage sha1S be maintained until afl work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Signatory Warranty. The signatories ta this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. 17. Debarment Certification. The parties are prohibited from making any award at any tier to any party that is debamed or suspended or othervvise exGuded from or ineligible for partiapation in Federal Assistance Programs under Executive Order 12549, °Debarment and Suspension." By executing this agreement, the [Contractor, Local Govemment, Engineer, or whatever] certifies that it is no# currendy debarned, suspended, or othervuise exctuded from or ineligible for partiapation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcorrtract or p�rchase order awarded under this contrad to certiry its eligibil'Ry to receive Federal funds and, when requested by the State, to furnish a copy of the cefification. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executecl in duplicate cour�terparts. THE LOCAL GOVERNMENT gy: (Signature) Title: Date: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpase and efEect of activating and/or carrying out the orders, established poliaes or work programs heretofore approved and authorized hy the Texas Transportation Commission. BY� Janice Mullenix Director of Corrtract Services Texas Department of Transportation Date: AFA-LPAFA ShortGen.doc Page 5 of 8 Revised 09/23/2009 � 0903-03-094 • � District # _ Wichita FaUs _ Code Chart 64# 4606� Projed: On Ma lewood Avenue from Mi dwestem Parkwav to Kema Bivd. CFDA # _ 20 205 A7TACHMENT A Resolution of Local Government Approving ThEs LPAFA AFA-LPAFA_ShortGen.doc Page 6 of 8 Revised 09/23/2009 CSJ 0903-03-094 • • Qistrict # Wichita Falls Code Chart 64•# 46050 Project: On Maalewaod Avsnue from Midw�tern Paricwav to Kemo Blvd. CFDA # 20 205 — ATTACHMENT S Project Location Map END PR�JECT 0903—U3 ����� g � "„ � �� �� �� ��n � � t � �. � � w � rr 1 � � � � � ° ,� 3 � o tMRTlN � A � FRIN ' • � AD � FYNi 976 � � j � �� Y�g s � � �� � � � IaLt.OW � � 1 � H � � � w=�°^ ouai� e, ��^•—•• �� � �' �, , rAwT`w 4 � �I 8 � Q � E Gt e � 1NICHITA e �,�„„�- � FALLS � POP 96259 �� P �„xc � � E 4 4� 6�'� 0 � T OM ag E T BEG I f�l PROJECT �9�3-03-094 AFA-LPAFA 5hortGen.doc Page 7 of 8 Revised 09/23@009 �,� 0903-03 94 District # Wichita Falls Code ChaR 6A# 46050 project: On Maolewood Avenue from ___ Midwesbem Parkwav � Kemo Blvd. CFQA # 20.205 AITACHMENT C Project Budget Estimate and Source of Funds The Locai Govemment will participate in the cost �f the instal{ation of safety treated fixed objects (breakaway light poles) on Maplewood Avenue from Midwestem Parkway to Kemp Blvd, an off- system bca�on. Based on the funding of off�tate system safety programs, the Locai GovemmenYs partiapation is 10% of the cost of these projects and the other 90% will be paid for with federal funds. The Locai GovemmenYs estimated participation of this additional work is 523,544.00, including construction items, and engineering and contingencies. The State has estimated the project to be as foltows: Total � Local Description Estimate � Federal S�� Cost � Participation Participation Participafion 9�o Cost % Cost 9'o Cost CONS'TI�UCTIOM COS73 - Instailation of Safety $2'{8.000.00 �96 $196.200.00 096 $ 0.0 10°k $21,800.00 � Treated Fixed Qbjeds ; � s breakawa I' ht es ,Subtotal '_ $218;000.00 ; $196�20q..00 . ' $0.00 . - S21,SU0.00 „ , I $17,440.00 90% $15.696.00 0% $ 0.00 1096 $1,744.00 ii Direct State Costs - estimated at 8% ! � (induding preliminary � � engineering, p�an review, � ins ion and oversi ht TOTAL �______ 5235,440.00 i2�1 896.00 $0.00 iZ3 544.00 � Direct State Cost will be based on actual charges. Loca! GovemmenYs Participatlon (14%) _ �.4Q This is an estimate only, final participation amaunts w+ll be based on actual charges to the project. AFA-LPAFA ShortGen.doc Page 8 of 8 Revised 09/23/2009