Res 071-2016 7/5/2016 Resolution No. 71-2016
Resolution authorizing the City Manager to execute an Advance
Funding Agreement with TxDOT for the replacement of the
Maplewood Northbound and Southbound bridges at McGrath Creek
WHEREAS, the bridge structure needs improvement at McGrath Creek; and,
WHEREAS, the governing bodies of TxDOT and the City (the "Parties") have
identified certain common, legitimate public purposes in entering into this agreement;
and,
WHEREAS, the Parties have each met in legally convened open meetings and
authorized their respective representatives to enter into this agreement.
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 Agreements
with TxDOT for public improvements related to the construction of the bridges on
Maplewood at McGrath Creek.
PASSED AND APPROVED this the 5 th day of July, 2016.
"on
MAYOR
ATTEST:
City Cldrk
NORTFIBOUND AND UTT,1 UNBRIDGES
ON NIAPLEWOOD AVE. AT McGRATH CREEK
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090&03-084 District# k�"di �t F 11
Gode Chart 64 # §Q_243
Project-NIA Maplewood t�
p-m2k—
NBI Structure#03-243-0-BQa915-002
Federal Highway Administration
Not Research and Development
STATE OF TEXAS
COUNTYi TRAVIS l
ADVANCE DING AGREEMENT
For Bridge Replacement orRehabilitation
Off the State System
THIS Advance,Funding Agreement(the Agreement)is made by and between the
State of Texas, acting by and through the Texas D p rtmont of Tran= port ti n,Called the
"State", and the Cfty,of Wichita Falls, acting by and through its duly authorized off i i l ,
called the 'LocalGovernment."
WITNESSETH
WHEREAS, Title 23 Unit d Mates Code Section 144 authorizes federal funds to assist
the states in the replacement or rehabilitation of deficient bridges located on public
highways, roads, and streets, including those under the jurisdiction of localgovernments-;
and
WHEREAS, the Taus Transportation Code Sections 20191 and 222.05,2 establish that
the State shall plan and make policies for the construction, of a comprehensive system of
state higbways and public roads in cooperation with local gave me tsi and
WHEREAS, the Local Governmentowns one or more bridges on a public read or street
located at MffpL Ave„ and the brid are included i the currently approved off-
, _
state system federal-aid Highway Bridge Replacement and rehabilitation{ Program,
CFI rH authorized by Texas Transportation Commission Minute Order Number
dated ,2 , an
WHEREAS, the Governing Body of the Local Government has approved catering into this
Agreement by resolution or ordinance, wh i h is attached to and made a pad f this
re rrr nt as Attachment for the development of the specific programmed replacement
r rehabilitation project, called the °"rr j;ecr' Project, is Identified in the location map
shown as Attachment chment ,which is attached to and made a part of this ag reernentm
Bridge-Bridgo-AFA Page l of 15 Revised 071221201,5
rii e t iVi ion
C;SJ 4 Q2QJ:pg,� 4
District#03®Wichita Falls
Code Chad.64#5,0243
Project,NUM-1020d at-NI20rathr
Creek
NBI Structure.# 03-243-0-BOS915-002
Federal Highway Administration
CFDA#
Not earch and bovelopmeni
NOW. THEREFORE, in consideration ofthor promises and of the mutual covenants and
agreernentsof the parties, to be by the respectively kept and performed a8satforth, it is
agreed as follows-
AGREEMENT
1. Period of this Agreement
A. The Advance Funding Agreement for Bridge replacernent.on NB Maplewood at
McGrath Creek, CSJ# 0903-03-084, executed on FebruaEy 13 2006 is hereby
terminated by both parties effective when signed by-ithe las-I
party whose sigNng
fin this this agreement fully executed.
B. This Agreement becomes effective when signed 4Y the,last party whose signing
makes the Agreement fully executed,, This Agreement shall rernain in effect until
terminated as provided in Atcle 2.
2. Termination of this Mgr inert
This Agreement shall remain in effect until the Project is, completed and amopted by
all parties, unless:
A. The Agreement is terminated in writing with the mutual consent of the parties-.M The Agreement is tenninated by one party because of a breach, in which case
any cost incurred because of the breach shall be paid by the breaching party;
C3 The Local Government elects not todevelop the project andt"he project does not
proceed, in w1hicb case the 11-ocal Government agrees to reimburse the State for
one-hundred percent (100%) of Its reasonable actual direct and indirect costs
incurred for the project; or
D. The pro ject is inactive for thirty-six(36) months or;longer and no nip erlditu res
have been charged against federal funds, in which case the State may at its
discretion terminate the agrooment.
3. Amendments
Amendments to this Agreement may be made doe to changes in the character of the
work,, the to of the Agreement, or the responsibilities of the parties. Amendments
shall be enacted through a mutually agreed iipon Mitten amendment executed by all
parties this Agreement.
4. 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 tothis Agreement and shall be cumulative,
Bridge-S ridge-AFA Page 2 of 15 Revised 07122!2015
Bridge Division
J If O9G3,,03-084
District # D Michita Fails
Code Chart 64 tt 024
Project: NB Maplewood at.McGrath
bra k:
Federal Highway Administration
FDA 42
Not Research and Development
Scope of Work
The scope of work for this Ag reernont is the replacement or rehabilitation of the
bridges identified in the, recitals of this Agreement. This replacement or rehabilitation
shall be accomplished in the manner described in the plans, specifications. and
estimates developed in accordance with thisAgreement and which are incorporated
in this agreement by reference.
6. Right of Way and Real Property
A. The Loca 10 overnment is responsible for the provision and acquisition of all
necessanj fight of way and Will not be, reimbursed with federal or state funds for
the required right of gray.
B. The Loca I G ovemment authorizes the State, its, consultant, contractor, or other
designated representative to enter the sites of these Bridges and adjacent right of
°a.y or relocation right of way to perform surveys, inspections, nst:ruction,and
other activities e ar t replace or rehabilitate these bridges and
approaches.
7® Adiustmentaf Vitillities
The,Corn] Government shall be responsible for the adjustment, removal,,or relocation
abort
of utility facilities in accordance with applicable state laws, regulations, rules, policies,
and procedures, including any cost to the Stag of a delay rasultinq from the Local
Govemment's failure to ensure at utility faclIftles are adjusted, removed, ur
relocated before the scheduled beginning of cons1ruction. The Local Government will
not he relrnbursad withfederal or state funds for the cost of required Willity woric The
Local o emment Must obtain advanoe appeal for any variance from °,sta li hed
procedures. Before:a construction contrast is let, the Local Government shall
provide,at the tate's request, a certification stating that the Local Government has
completed the adjustment of all utilities that.must be adjusted before e oor sfr r ti n is
completed,
S. Environmental Assessment and Mitigation
Development of the Project must comply With the National Environmental Policy Act
and the National Historic Preservation het of 1966,which require environmental
clearance of federal-aid roje # &
A. The State is responsible for the identification and assessment of arty
environmental problems associated wfth the development ent of the Project
governed b this Agreement,
ridge-Bring -AFC Page 3 of 15 Revised 4 7122/ 01,
Bridge Division
QSJ#09G-,103-084 ,
District # OaMichita Falls
Code Chart 64 #,50243
Prolect: N8_Mapllewood at McGrath
Creek
NBI Structure #QOS-24-3-0-1%0291�-
Feider l Hi-ghway Administration
CFD,A#20205
Not Research and Development
B. Cost participation in environmental assessment and rernediation work shall be
paid by the parties in the same ratio as construction costs and Will be included in
the construction costs identified in Attachment D, Estimate of Direct Costs.
C'. The State is responsible for providing any public meetings or Public hearings
required for development of the environmental assessment.
D. The State will not begirt, conistruo tin n of the Project until identified environmental
problems have been remedliated, unless-provided for otherwise.
9. Compliance with Texas Accessibility Standards and,ADA
All parties to this Agreement shall ensure that the plans for and the construction of
the Project subject to this Agreement are intompliance with the Texas Accessibility
Standards (TA ) issued by the Texas Department of Licensing and Regulation, under
the Architectural Barriers Act, Article 9102,Texas Civil Statutes, The TAS
establishes minimum accessibility requirements to be consistent with minimum
accegsibility requirements of the Americans wfth Disabilities Act(P.L 101-336)
(ADA)
10. Architectural and Engineering Services
The State is responsible for performance of any required architectural or preliminary
engineering work. The Local Orivernment, may review and QQmmonton the work as
required to accomplish the pubk purposes of the Local Government- The State will
cooperate fullly with the Local G ovemmerTt in accomplishing the lc>cal public
purposes to the degree permitted by state anti federal law. The,Local Government
review, shall not unduly delay the development of The Project.
11. Construction Responsibilities
A. The State shall advorti,se for construction bids, issue bid proposals, receive,and
tabulate the bids, and award and admilnistar the contract for constructi on of th, 1 0
Project, Administration of the contract includes the responsibility for construction
engineering and for issuance of any ahangeordors, supplemental agreements.
amendments, or additional work orders that may become necessary subsequent
to the award of the oonstruction contract, In ordorto ensure,federal funding
eligibility, projects must be authorized by the State prior to advertising for
constmiction.
S. Upon completion of the Project, the to will issue a"Notificalion 0
of Completi n"
acknowledgingthe Prolect's construction completlon.
Bridge-B6dgP--AFA Page 4 of 15 Revised OTIM2, 011 5
Bridge Division
WSJ#99OP-Q1, 4 RL_
-it Falls
Code Chart 64#50243
Project-.
9-r—Ele K
NBI Structure # 03-243-0-B03915-002
Federal High way,Administratjor
OFDA 4 M205
Not Research and Development
120 Project Maintenance
After the Project has been completed, the Local Government shall accept full
ownership, and operate and maintain the facilities authorized by this Agreement for
the benefit of and at.no charge of toll to the public. This covenant shall survive the
completion of construction under this Ag reement-
M Local Project Sources and Uses of and
X A Project Cost Estimate is provided in Attachment D, Estimate of Direct Costs.
8 Attachment D provides a source of funds estimate as wall as the estimated direct
p rel im inary, ngin eering, construction engineeiring, and constructit'n costs for the
Project in total and by the l_ocal Govemment.
C The required al Governimeryt participation is based solely upon the State's
estimate of the eligible work at the time th is Agreement is executed and will not
be adjusted during construction except as needed to,include any Project cost
Rem, or portion of a cost item ineligible for state or federal participation. In
addition to its share of estimated direct engineering and construction costs, the
Local Government is responsible for the direct cost of any prod COM item or
portion of a,cosl item that is not oligible for,federal participation under the federal
HBRRP, The Local Govemment is also responsible for any oost resulting from
changes madeat,the request of the Local Government. The State and the
Federal Government will not reimbu rso the Loral Government for any work
performed before federal spending author4 is formally obligated to the Project
by the Federal Highway Administration., After federal funds have been obligated,
the State will send to the Local Govern ent a copy of the fonnal documentation
showing the obligation of funds including federal award information.
0. It the Loca I Goverriment will perform any wo,rk,under this conlracl fur which
reimbumement will be provided by or through the State,the Local Dove mment
must complete training before fedleral spending authority is obligated. Training is
wrriplele wben at least one individual who is working actively and directly on the,
Project successfully completes and receives a cortO,icate for the course entitled
Loca;Government Project Procedures Qualification for the Texas Department of
Transportation. The Local Government shall provide the certificate of
qualification to the State- The individual who receives the training certificate may
be an employee of the Local Government or r an employee of a firm that has been
coatracted by the Local Govomment 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 Ifie Project.
Brid g@-Bridgp_AFA Page 5 of 15 Revised 07122f2015
BOdge Division
SJ#0903-03-084 ..,
District#03-" ichita Falls
Code Chart 64#
Project: N13 Ma p lewood at McGrath
Creek
NBI Structure # t
F . r l Highway Administration
'l #20,205
Not flesoarGh and Development
E. After execration of this Agreement, but thirtyprior toy the performance o
any ork by the State,the Local Government shall remit to the State the amount
speoffied in Attachment D for the Local Govemment's contribution for preliminary,
engineering. The Local o r merit will pay, at a minimum, its funding share for
this estimated cost of preliminary engineering.
F. Forty-five( days prior to the date set for receipt of the construction bias, the
Loca 10 overnment 6hall rern it its remain ing financial share for the State"a
estimated construction oversight and construction costs and any other costs,
owed,
G. If, at the completion or termination of the Project the State determines that
additional funding is required by the Local Gavernment, the State shall rnotlfy the
Local Government in writing,, he Local Government shall mike payment to the
State within kbirty days from eipt of the State's written notification.
H. Whenever funds are paid by the Local Government to the State under this
Agreement, the Local Government shall remit a check or warrant made payable
to the"'Texas Department of 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 to the State Project.
1® Upon mpl ti n of ft Project, the State will perform, n audit of the Project
costs. Any funds due to the Local Government, the State, or the Federal'
n erwrr ont will be promptly paid by the owingparty.
J. The State will,not. pay interest n any funds pTovided by the Local Government,
K. The Local Government funding participation rasp nsibildies include Project direct
costs only, except when the Project is terminated before completion at the
request of tie Local Government.as addressed in the Terrninatlon provision of
this Agreement.
LA The amounts shown on Attachment ent are estim-edes only. If actual costs exceed
the estimates, this shall be considered a fixed price agreement, and no additional
funding shall be required of the Local Government except to the extent that the
additional coats result from changes made at the request of the Local
Government or to the extent that the additional costs are not eligible;for federal
participation render the federal:1-11BRRP. If actual costs are less than the
estimates., Local Government participation shall be recalculated based on actual
costs. If the recalculation results in a reduction in partiGipatiDn by the Local
Government,the State shall pay the difference to the Local Government upon
completion of the Protect,
Linder the provisions of Texas Transportation Code Section 222.053 certain
counties qualify as Economically Disadvantaged Counties ( in comparison
to other counties in the -state.as below average per capita property value, below
average per capita income, and above average unemployment, for . rtain years
Bridge-Baidge—AFA Fag of 15 Revised 071PZ2015
Bridge Division,
CSJ N 0903-03-084
District # 03-Wichita_l iL_Egflg_
Cede Qhart 64#60243 _.
Pro jea',NB Maplewood at McGrath
Creek
NBI Slruclure# 03-243-0-B4O3915�002
Federal Highway Administrafion
CFDA#20.205
Not Research and Development
If applicable, in consideration of such EDO status that may be applicable for the
Project, the required local match fund participation has been adjusted to
—percent
N. The State wi I I not execute the contra of for the construction of a Project unti I the
required funding has been made aval1able,by the Local Government in
accordance with this Agreement.
0. The state auditor may conduct an audit or investigation,of any entity receiving
funds from the State directly under Ws contract or ind i rectly through a
subcontract under this contract. Acreptance of funds directly under this contract
or indiroctly through a subcontract under this contract acts as aooepAance of the
authority of the state auditor, under the direction of the legislative audit
oommiftee, to conduct an audit or investigation in corm action wim those funds,
An entity that is the subject of an audit or investigation must provide the state
auditor with access to any i nformation the state auditor conside rs relievant to the
investigation or audit.
P. The Local Government is authorized to submit reqLrests for reimbursement by
submitting the original of an itemized invoice in a form and conla in ing all Its
required by th e State no more f reau ontly than month ly, and no later than ninety
,(90)days after costs are incurred. It the Local Government sobm4s invoices
more than ninely (130)days after the pos
ts,are incurred, and if federal funding is
,reduced as a result, the State shall have no responsibility to reimburse the Local
Government th for, , Dse costs,
14. Performance by Local Government of EquWalent—Match Projects(EMP)in
Return for Waiver of Local Match Participation Funding on Participation-
Waived Projects (PWP)
A. Applicability. If a request-for waiver has been received ano approved by the
State's District Engineer,then the required torl, percent matching fund
participation or percent as adjusted for `!CSC consideration,as'shown In
Attachment D, Estimate of Direct
I hosts,�ts, but excluding ineligible costs under the
bridge program, is%Yraived,, This vwaiver is based on the commitment of the Local
Government to spend an equivalent amount of funds for structural or safety
improvemeryt on "otheV' bridge structures and other ccinditions as specified in 43
TA C Socflon 15.55(d), If a waiver has been granted, the Project shall be defined
to be a PWP and the work an th a'other" bridge structures that will be improved
by the Local Government shall be.,deflnedto be the EMPs. Attachment C to this
Agreement shows.a list of EMPs under this Agreement.
B. Project Cost Estimate for PW—P. Attachment D to this Agreement she the
estimated direct preliminary engineering, construction engineering,and
Bridge-B ridge—AFA Page 7 of 15 Revised 0712212,015,
Bridge Division
_)3-
District#03-MrJAa Falls
Code Chart-64#50243
ProjocV Ng Mapleymod at McGrath
Creek
NBI SITucture 4 03�243-,D-BO39
Federal Highway AdOnistration
CFDA#
Not Researf h and,Development
,construction costs for the PWP in total and local match fund participation being
waived or partially weal ved.
C. Credit Against EMP Work, Any local matcli fund participation that has already
been paid,or which the Local Government is agreeable to paying to the State,
will be credited against EMP work to be performed by the Local Government. If
applIcable, this credit will be reflected In Attachment 0 to this Agreement.
D. ResponsibIlities at the Local Government on EMPs.
I m The Local Government shall be responsible for all engIneedng and
construeflon, related costs, and compliance with all applicable state and
Federal environmarital regulations and permitting requirements.
Z The structural or safety improvement work on the EMPs shall!be performed
subsequoryt to the final execution of th is Agreement but with in three (3)
calendar years after the earliest contract award of the related PWPs.
3. Written docu
mentation, suitable for audit, of the structural or safety
improvement work.completed on the EMPs shall be kept on file by the Local
EA'overt went for four(4) years after completlon,of work or claims, law'su,it-S, or,
audits related to those items,whichever is longer. A notice of completion of
wark, on the EMPs shall be delivered to the State's District Engineer no later
1hain thirty(30) r-,alondar days after work is completed on the EMPs.
4. Failure by the Local Govemmerit to adequately complete the EMPs within the
stated three-year period shall result in the Local Govern ent being excluded
from receiving such;waivers for a minimum of five (51,years.
11Ep Funding of Ineligible or, dditional Work Not Waived., Regardless of n ay waiver
of eligible program costs, the Local Government shall pay the State one-hundred
percent (100%) of the cost of any PWP item or portion of a Mst Item that is not
el igible tear federal orstate participation, and one-hundred percent(1100%)of the
costs resulting from additional work orr the PWP performed solely at the request
of the Local Government. If the ineligible or additional work is preliminary
engineering, the payment shall be made at least thirty (30) days prior to the
beginning of preliminary engineering work on the PWP. If the Ineligible or
additional work is for construction or construction engineering, the payment shall
be made at least forty-five �45)days.prior to the date set for receipt of bids for
construction of the PIWR
Sri dgo-B rift ge�-AFA Page 8 of 15 Revised 07/22120 15
Bridge Division
CSJ. - - 4
District# 03-WichitaFalls
Code Chart
Project.NB Maglewood at McGmth
Crook
it Structure 4 QL3-P43-0-B0916-002
Federal Highway Administration
F mo
Not, as ar n and Development
15. Notices
All nofi 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,
StateA tor, Bridge Division
Texas De", rl nt of Transportation
1 11 Street
Austin, Teas 78701
Local ovemmenta City Manager
City of Wichita Falls
130,0 71"' Street
1 +'io ita Falls, TX 76301
.All notices shall be deemed given on the datedelivere,d in person or dens itod in the
mail, unless of provided by this a, roorr�ant, ither pa, a harp the
above address by sanding written n notice of the change to the other party, Either
party may request in writing that notices shall be defivered personally or by nartifi d
U.S. rn il, and that request shall be oa.rri d out by the other party.
16. Legal Construction
In case one or more of the provisions oontia.ined in this Agreement nt shall for any
reason be held invalid, illegal, or ur onlor oabla in any respect, soh invalidity,
illegality, or unenforceability, shall not,affect any other provisions and this Agreement
shall be construed as if it did not ontaln the invalid, illegal.,or unenforceable
pr vision-
1 . Responsibilities oft the Parties
The parties to thls Agreement ages that no party is are agent, servant, or employee
of the other party and each party agrees it is responsible l for its individual acts and
deeds as well as the acts arid deeds of its fQntractora, employeas,, representatives,
and agoras,
18. Ownership of Documents
Upon,completion or termination of this Agreement..-all documents prepared by the
State shall remain the property of the,State_ All data prepared under this. raorant
Pride. ri K_ F Pugs 9 of 15 Revised 7;22) o1
Bridge Division
03-03-
titrict. 3-Wichita Fatty_
Dodo Chart 3_..._,_
Pr,o t: NQ Maplpwood at McGrath,
rath,
Creek
old trucFt r 63- 3-0- 33 1
Federal HiohwayAdminisftation
CFDA#RO.
Not Research and Development
shall be mado amailable to the State without restriction or limitation on their further
use. All documents produced or approved or otherwise created by the Local
Government shall tr~ n mittad to the State in the form of photocopy reproduction
n a mointhl basis required by the State, The originals shall rernaln the property
f the Local Government. At the request of the State,the Local Govemment,shill
submit any information required by the State in the format directed by the State.
19. Compliance with Laws
The parties shall comply withal I federal, state, and local laws, statutes, ordinances
rules and regulations, and the orders and decrees of any courts, or adrnini tr tive
bodiesor tribunals In any manner ,f ting the performance,of this Agreement,
When required, the Local Government shallfurnIsh the State with satisfactory proof
of this compliance,
. Sole Agreement
This,a g,r ement constitutes t e sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements r spe at,in the
subject matter of this Agreement.
1. Office af Managementand B udpt(OM Cost Principles
In order to be reimbursed with federal funds, the partios shall comply with the Cost
Principles established in 2 CFR 200 that specify that all reimbursed costs are
allowable, reasonable, and allocable to the Project,
. Procurement and Property Management Standards
The parties shall adhere to the p rxurement standa rdsestablished in Title 49 CIF
1 ,3 and with the property management standard established in Title H
1&3 a
. Inspection of Books and Records
The parties to the Agreement shall maintain all books documents, paper,
accounting records, and other documentation relating to costs incurred under thi
Agreement and shall retake such materials available to the State,the Local
Government, and, if federally funded,the Federal Highway Administration (FH
and the U.S_Office of the In for Generale or their duly authorized representatives,
for review and inspection at its office during the contract period and for four ( ) years
from the date of cemplation of work defined under this contract or until any impending
litigation or claims are,resolved. Additionally, the State, the Local Government,
FHWA, and their duly authorized representatives shall have access to all the
Bridge-Bridge,,AFA Page 10 of 15, Revised 71 1
ridge Divi ion
0 -
i tri t#03-WichitaFglls
Code Chart 64
Pr ]e t. N43 Polaplewood at McGrath
Grath'
ro
F n r i Hi hwa. Administration
F , L04,20
Not Reaqarch,and Development
governmental reoords that are directly applicable to this Agreement for the purpose of
making audits, examinations, excerpts, and transcriptions,
® Civil Rights 0ornpliance
The parties to this Agreement shall comply with the regulations,of the w a
Department of Transportation as they relate to nondiscrimination (49 CFR Part 21'
and 23 CFH Fart ), and ExecutiveOrder 11246 ti In "Equal Employment
Opportunity,`ao
ameflded by ExecutiveOrder 11375 and supplemented in the
Department of'Labor Regulations ( 1 CFR Park )
Disadvantaged Buin nt r rig (DBE) Program Requirem. rat
4 The,parties shall comply with the Disadvantaged sin s-,� Enterprise Program
requirements t bli he in 49 CFRmart 26.,
B. The Local Govemment shall adopt, in its, totality, the State's federally approved
DBE program,
C. The Local Government hall set an appropriate DSE goal consistenit,with the
State's DBE gulciellnes and in consideration of the local market, pre jeQ t size_and
nature,of the gootfs or rvices to too acquired, The Local Government shall
have final decision-making authority regarding the F,goal and shall be
responsible for documenting its actions,
The Local Govemment&hall f Il w all other pads of the State's DBE program
r
referenced in TxDOT Form 2395, Mernorandurn of Understanding Regarding the
Adoption of the Texas Department of Tr n prartattinn` Federal l - pprn r.1
Disadvantaged Buin Enterpriseby Entity and attachments found at web
address
htt 1APjQ ,-to '1 t,\ uLsl 13 t E � t-r t g .k' t `C$,I• CS dr9 ate to q
E. The Local Government shall not discriminate on the bads of race, color, national'
origin, or sex in the award and perform of any U.S. Department of
Tr n p rt ti n (DOT)-asslsterd contract or in the administration f its DDE
program or Die requirernentsof 49 CFRFart 26, The Local overnm nt shall
take all necessary and reasonable stepsunder 49 CFRrt 26 to ensure non-
discrimination in award and administration of DOT-assi-sted contracts, The
State's DBE program, as required by 49 CFRPert i and as approved by CLOT,
is incorporated by reference in this agreement. Implementation of this pr gr rn p >
a legal obligation and failure to carry out its terms shall he treated as a violation
f thisagreement, Upon Witicati n to the Local Govemment of its failure t
carry out its approved program, the State may impose sanctions,as providers for
render 49 CFRFart 26 and may, in appropriate case, refer the matter for
enf arcoment unde r 18 U,S,C, 1 001 ar-rdthe Program Fraud Civil e e i s�.,act of;
1986.(31 , m m 3801 at ep.j
ridge-Etri g _AFA Pago 11 01 15 Revised 07 12L), 1
Bridge Division;
CSJ #0903-03-084
i tract#03-Wichita Fall
Code Chart 3 __,
Project.,NB lev%road t WGrath
Greek
NBl StrucCni i 0 - .3-0-B 3 5- 0
Federal Highway .dmi i tr tion
CFDA 0
Not arch and Development
F. Each contract the Local Government signswith a,contractor(and each
subcontract the pfirne contractor signs wKh a Sub-oontr of r) must include the
foil owl n assurance. The contractor, sub-recipient, or sub.-contractor shall not
discriminate on t r, basis,of race, color, national origin, or sex,irk the rf r n
of this contract. The contractor strati care out applicable roquiroments old 49
CFR Part 26 iri are amard ard admirdstration of DOT-assisted contracts. Failure
by the contractor to cany out these requirements is a material breach of this
ogreement, which may result in ft termination of this agreement r such other
remedy as the recipient r , ri t .
. Debarment Certifications
The, parties are prohibited from making n award at any ti r to party that i.
debarred or suspertried or otherwise excluded from or ineligible for participation in
Federal Assistance Programsunder Executive Order 12549, "Debarment and
Suspension.' pouting this agreement, h Local Government certifies that it
not currently d b rr e p nd d, or otherwise excluded from or ineligible for
participation. in Federal lane Programs under Executive Order 12549 and
further certifies that it will not do business with any party that is currently debarred:,
suspended, or otherwise excluded from or ineligible for parlicipation in Federal
Assistan,cerears under Executive Order 12549. The parties to this contract shall
require any party to a subcontract or purchase order awarded under this contract to
codify As eligibility to receive Federal funds and, when requestedby the Stator to
furnisli,a copy of the cerflfio r :
27. Lobbying Cienification'
In executing this Agreement, a.ch signatory certifies to the best of that signatory's
knowledge and belief,that:
A. No federal appropriated funds have been paid or will be paid by or on behalf of
the parties to any person foe intl uencing or attempting to influence n an officer or
employee of any federal agency, a, Member of Congress, an officer or employee
of Congress, or. n employee of a Member of, nsin mn i rr with the
awarding f 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, m ndment, or modification of any forrieral
contract, great, 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 off ioer or employee of Congress, or an
employee of a Member of Congress in connection with federal coniracts, pranks,
loan,, or coope r tine agreements, the signatory for the Local Govemment shall
Bridgo-BridRe.AFA PagG 12 of 15 Revised OV Q1
Bridge Division,
WSJ # 0903-0,3-084,
QWL
District#pa-0
Project: N B Maplewood at McG,r to
pmk
t I afruclure3- 4 - - 1 -
F d r 6 HiqhAa.y Adm0i'stration
FCC
Not Research ad Development
compLAae andsubmit the Federal Standard Farr -LLL, "Disdo ireF rm tt2
Report Lobbying.." in accordance, with its in try t' n sn
C. The parties shall require.that the, language of this certification be in l rrl d in. the,
award d ntarr. nt for all sub-awards at all tiers (including Subcontr n s, u -
r nt w and contracts under greats, loans, nd o*operative agreements) and all
sub-reciprents shall cerfify and disclose accordingly, Submission of this
certification Is r r ui it for masking or entering into lWs trainsaction imposed
bar Title 31 ,& W _41352, Any person who fails to file the mired certification
shall tre subjed to a civil penalty of not less than 1 , and not more than
$100,000 for each such failure..
28. Federal Funding t ifity and Transparency A0 Requirements
A. Any recipient of fund }render this agreement agrees to comply with the Federal
Funding unt ility and Trarisparenoy Act (F , T and implementing
regulations t 2 GFRFart 170, Including Appendix A. This agreement is subject
to the following sward !arms rrrr _.: . ,r �X, fi;t�,�PE�,i�„�, ��r��r��r� ��°'el� �w�I
;_ 0t and x0 LlJ2 E X .11K2`-QE", r;
B. The nl Govomnl nt agrees that it shall;
1, Obtain and proxride to,the State, a Central Gontracting Registry
n u mber(Federal Acqui iti n F equiati n, Fart 4, S u -dart _t t ) if th ig award
provides for more than 5 in Federal funding, The CCR,number may
obtained by visitirrg the CCU wets-site whose address is:
hn M!!,L�°tl;�,"ti'�,�
btarn and provide to the State a,Data Universal Numboring System (DUNS)
number, a unique nine-character number r that all w .h federal government
to track the distribution of federal' moneys The DUNS number may b
requested free of charge for all businesses and,entities required to do so by,
i"siting the Dun & Bradstreet ) on-line registration;we , ite
n,d
Report the t t £l compensation and names of its o five l executives to the
State if,
i, More than %of annual gross revenues are from the Federal
govemment, and those revenues are greater than w a n:and
if. The compensation information is not already available through reporting t
l _ . Socurities and Exchange Commission,
rid e- rid e-AFA Page 13,f)t' '15 Revised ,122-A 1
Bridge`thin
CSJ ft 090,3-0-3-084
District 4 'i Vict!t� 4 t1
Cride Chart 64,#50243 _
Project: NB Maplewood t McGrath
r
NBI Structure fl tt mtt-t 1 t
Federal Highway Administration
Not Reseatch and Development
M Successors and Assigns
The State,and the L -l Govemmerit each binds Itself, its successors,, execrators,
assigns; and administrators to the other ,arty to This . r ant and to the
suQ,Qes5or5, a r r , assigns, and administrators of such other party in respect to
all covenants is h this cgr meat-
.R Locall Govemment Restrictions,
Irk the oase that the Local Government has an existing, f trrr-d, r proposed local
ordinance, ° m issi rrars couTt order, rule, polity, or other directive that is more
restrictive than the state orfederal regulations that r ults in are increase = st to the
State for the project,the local government is responsible for all increased casts
associated ith the ordinance, order, policy, direefive, or charge,
31. Single a it Report
A. The parties shall comply with the requir rri is of the Single Audit Act of 1984,
.LP 98-502,ensuring that the single audit report includes the cove rage stipulated
in 2 CFR 20&
1 � If threshold expenditures are rnat during the LocalGovernment's fiscal year, the
Local Govemmerit most ubmi't a Bungle Audit Roport and Management Latter of
applicable)to TxDOT's Audit Offirw , 1.25 East 11 th,Street, Austin, TX 78.701 or
ontant 's Audit Office at � �rii iria-
trltrit-0rrryt illrThe expenditure tfiraandld for fiscal years
beginning prior,to December 31, 2,014 is 00, » the expenditur threshold for
fiscal years beginnirig on or after December 311, 2014 i ;r a n
Ci If expenditures,are less than the threshold during the Local o rnm nt' fi nal
year, the Local Government must submit a statement to T`s Audit.Office a
follows. 'We did not great the — expenditure threshold,and therefore, are
riot required to have a single audit performed for Y—_.w-._d__-.,e,
For each year the project remains open for federal funding expeuditures,the
L I Government Will beresponsible for filing a report or statement as described
above. The requiredarinual filing shall extend tiroughoulthe life of the
agreement, unless otherwise amended or the project has been formally l a d
out and no charges have been incurred within the current fiscal year.
32. Signatory rrant ,
Each sigriatrrr i r arrants that the ignat ry has d e ar ai tllrrrlt to execute this
agreement on behalf of the anthy represented-,
Bddge.-Bndgc_AFA Page 14 of 15 Revised g 2V201
Midge Division,
District#03-Wichita Fii'
Code Chart 64 45u
Project; Nib Ma lawood at MeG rath
Greek
Federal Highway mini trati n
,FDA tt'20.2,05
Not Research and v i meat
THISAGREEMENT IS EXECUTED by the State and the Local Govemmant in duplicate.,
THE E LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
t
THE STATE OF TEXAS
Gregg A. Fr by, P.E.
Director, Bridge Di0sion
Texas Department of Transportation
Date
tinge- ri -AFA Page 1,5 of 15 Revised71 / 15
Bridge Division
CSJ 4,09,03-03-084
District,#0-Wichita Falls
Code Charr 64 4§92,,4A-
Project, NB Maplewood at McGrath,
Creek
N.Bl Structure*Qg4j:_Q-13039 ., 02
Federal Highway Administrakn,
CFDA#20,205
Not Research,and Development
ATTACHMENT A
RESOLUTION OR OROINANCE OF LOCAL GOVERNMENT
B rid ge-B6dqe—AFA Page I of 1 Attachment A
Bridge Qivi n
J °3-0 -0
District#03pWkhita Faits
Cody'Chat 64 #% �.
r ] t; NB 0t �a t McGrath
creed
NBI uw
Federal Highway Amin tr bo
Not Research and DevelopmeM
ATTACHMENT B
PROJECT
r.
tto
el t V
�'"d,. ,.•�7 6 9T 9� k� d+'u. � `iXtl 0..�0 "'**e � £ d
a°'`
1-7
,r
W-
�'
w
n- fg
r 4�
ed
Vk t
@�d
d
N,
w^ kx
r�a lkdr u�
t9 "i
t+
b m.
4=S
i�
i3ridge-Bfidge—AFA Page 1 of I Attachment
Bridge Division,
istrict#03-Wiclhita,Fa
alb
Code Chart
Project: NB Maplewood at Mr-Grath
Creek
ICI Stfucture 4 0
Federal Highway Sd inistr ti n
CFDA ti 20,.2G5
Not esear�h and Development
ATTACHMENT C **
UST OF DISTRICT ENGINEER APPROVED
EQUIVALENT-MATCH PROJECTS
Location (and t I Histeric Descry tinn of i Fti °tad
structure BU'S Idd Structural or Safety cost
Weritification number, Rout (Yes?No Improvement Wow
If Bale Yes
fi
F , Ditto Line a x Replaces a 42' RCP with a, $1153,239.00
.....
ti - 'x 3'M BC with o 1
kew s
rdstd to
BallanGe of EMP worka""vailable to associated PWPs 992.00
ass rat PWPS Csjs Amount to be Credited to Associated
PW IRS
W03-03-Ga2l
'This total should typically eqkjal the "Balanoe of Local Government Para i ati 'that I
waivedas.shown in Attachment D.
"Thisattachment not applicable f r=non-P Ps.
rid -Bhd F Page I of 1 tt chm nt
Bridge Division
J # 93- 3-0
District 0 g3-WichitaFails,__.
Gode Chart 64#5LO243
trch
Creek
I Structure#G3- 3- 4B 3 1 ,,-0 2
rd r t Highway ini tr tion
Not Research and veloprn nt
ATTACHMENT
ESTIMATE E DIRECT COSTS
Local Government
Estimated Cost E i ip inn
Preliminary Enirrrirt (PE) t1S28,,76100
Ten P r nt (10'%)or EDC Adjusted
Peroant of PE for Locat Government (3) $2,876.00
Participation
Construction $587,015,00
En,ginoofing and Contingency(E&C), _�4q,73200
The Sum of Construrtion and m 630 47.00
Ten Percent(1 % r EDP Adjusted
Percent of the um of Construction and
for Local Government Participation g . .
Amount of Advance Funds Paid by
Local Oovernment * ,7 �
Amount of Advance Funds to be Paid by
Local Government
Balance of Local Government
Participation which is to be WaWed
h r the Project is s PWP, ti +4-5- 7, 6
Total Project Direct Cost 6
"'Credited Against Local Government Participation Arriount
If this P r j -N is to be a FWR Arnount of EM P Work Be ing Credited to this EWE as Shown
on Attachment .00
R6dge-Bddge_AFA Page 1 of 1 Attachment D
Bridge Division
J -
District#03-WFS
Code Chart,64#5G243
Project: SB M Iod at WGrath
Creek
Federal Highway Administration
CFDA f# 0,205
Not Research and Development
STATE OF TEXAS
COUNTYF TRAM
ADVANCE FUNDING AGREEMENT
r Bridge Replacement or Rehabilitation
Off the State System
THIS Advance Funding Agreement the Agreement) is made by and between line
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 its duly auth-Drized officials,
c .Il d the "Local Government"
WITNESSETH
WHEREAS, Title 23 United Stites Code Section 144 authorizesfederal funds to assist
the states,In the replacement or rehabilitation of deficient bndges located on public
highways, roads, and streets, including those nd r the jud d iction of local emm nt ;
and
WHEREAS, the Texas Transportation Code Sections 201,103 and 222,052 establish that
the State shill plan and male pGlides for the construction of a compr hen ii system of
state highways and public roads in cooperation with local g :s; and
WHEREAS, the local Gov: meat owns one or more bridge on a public road or street
located at and these bridges are inctud d in the curr ntl
appro off-Mate system federal-aid Highway Bridge Replacement and Rehab ilitation
Program H1 ) as authorized by Texas Tranafrortation rrr i i r Minate Order
Number dated _G _-i and
WHEREAS,the Governing Body of LooalGovernment.has approved entering into this
Agreement by resolution or ordinance, which is attached to and made a part of this
agreement as Aftachment A for th development of the specific programmed Mplacernent
r rehabilitation project,called the'Project". The Project is identified in the location reap
shown as Attachment B, which is attached to and made a part of this agree ant,
Brtdgo rid - FA Page 1 of 15 Devised 07/2212015
Bridge Division,-
District# ' F
Code ChaTt 64 04
Proj Gt°aLMaAgwood st M rsth
, I
hi t Structure 4 0:3-2,43-0-B0391
sdsr .l Highway dministration
CFDA <,
Not Research and Development
THEREFORE, in consideration f the promises and of the midual covenants and
agreements of the parties, to be by them respectively Dept and p rfo d as set forth, it is
agread as f llow&n
AGREEMENT
1. Period of this Agreement
A. The Advance Funding Agreement for Bridge replacement on SB Maplewood at
McGrath reek, J - 8 , executed on February 1 2006, is hereby
terminated by both parties effective when signed by the Iasi party °hos signing
makes this agreement fully executed.
B. This Agreement becomes effective when signedby the last part,whose signing
makes the Agreement fully executed. This Agreement shall remain in effect until
term,i r .t d as provided in article 2.
. Termination of this Agreement
This Agreement shall remain in effect until the Project is compl tad and accepted by
all parties, unl ss,
A. The Agreement is tanninated in writing with the mutual consent of the parties,-
B.
The,Agreement is terminated by one party because of s breach, in which case
an post incurred because of the breach shall to paid by the breaching party;
C. The Local' Government elects not to develop the pro t and the, project does not
proceed, in which s the Local Govemment agrees to reimburse the State for
one—hundred percent ( %) of its reasonable actual direct and Indirect costs
irrc rr d for the project, or
0 The prof act is inactive for thirty-six ( ).months or longer and no experditures
have been charged against federal funds, in which case the State may at its
discretion terminate the,agroomen,t.
o. Amendments
Amendments to this Agreement may be made due to changes in the character of the
'` rK the terms of the Agreement, or the responsibilities f the padesm AmendIments
shall be enacted through s mutually afire agread upon whitten amendment executed by all;
parties to this Agreement.
Remedies
ThisAgreement.shall not be considered as specifying theexclusive remedy for any
Agreement default, but all r meoi s existing at law and in equity may be a ailed f b
either party to this Agreement and shall be cumulative.
rids-arid _,A page 2 of 15 Revised 07,12212015
Bnd e Divigicn
J # 0903-03,G83
District# F _
Oode Chart 64 # LO�2 4
Project- SB Maplewood at McGrath
Creep _
I Strrr tur03-243-0-BO3915-003
F d r l Highway Administration
F * _
Not Research and Development,
. Scope of Work
The scope of work for this Agreement is the replacement or r= h abil it tidy of the
bridges identified in the recitals of this Aqreement. This replacement r rehabilitation
shall be accomplished in the manner described in the plan ,, specifications, and
estimates developed in accordance with this Agreement and which are incorporated
In this agreement by reference.
. Right of a arty Reall Property
,k The Local Dove :meat is responsible for the provision and acquisitJon of all
necessary right of way and will not be reimbursed with federal r statefunds for
the required right of way.
K The Looal Dove meat authorizes the State, Its consultant, contractor, or other
designated representative to eater the sites of these bridges and adjacent right of
way or relocation right of way to perform surveys,s;, inspections, construction, and
ether activitiesto replace or rehabilitate these bridges and
appro,acb s.
. Adjust nt of Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation
of utility facilities in accordance with applicable state laws, regulations, moles, policies,
and pro duce , including any cost t the State of a delay resulting from the Local
Government"s failure to ensureth .t utility facilities are adjusted, removed, or
relocated before the scheduled beginning f construction. The Local Governmervt will
not be reimbursed with federal or state funds for the cost of required utility work, The
Local Government must obtain advance approval for any Variance from established
procedures- Before a.construction contract is let, the Local Govemment stall
pre rods, at the State's request, a certification stating that the Local Government has
completed the adjustment of all utilities that must be adjusted before constnxtion i
completed.
Environmental Assessment and Mitigation
Development of .the Project rri t comply with the National Environmental polio Act
and the National Historic.Preservation Act of 1966, which require environmental
clearance of federal-aid projects,
A. The State Is responsible for the identification and assessment of any
onvironm nt ,l problems associated with the devellopment of the Project
governed by this Agreement,.
Bridge-Bridge- F page 3 of 15 Revised 071221,2015
Bridge Division
District# -
Code Chart 4 4
Project,, . 1:WGQd-atmCarath
re
ill:Structure 0 - 4 -0-8 r 1 $ w
Federal Hfighway Administration
FD .
Not Research and Devolopmont
B. Cost participation in environmental assessment and remodiation worli shall be
paid by the parties in the same ratio as construction costs and will be,included in
the construction costs identified in Attachment 1 ., Estimate of Direct,Costs,
The State is responsible for providing any public meetings or pub6Q hearings
required for development of the environmental assessment.
D. The State will not begin construction of the Project until:identified environmental
problems have been re edict , unless provided for othe rwise.
. Compliance with Texas Accessibility Standards and ADA
All parties to this Agreement shall ensure that the plans for and the construction of
the Project subject to this Agreement are in compliance with'the Teams Accessibility
Standards T j issued by the Texas Department of Licensing and Regulation, under
the Architectural Barriers Act, Article 9102, Teams Civil Statutes. The TAS
establishes minimum acoes&ibility requirements to be consistent with minimum
accessibility requirements of the Americans with Disabilities Act (P,L 10 1
(A ,
10, Architectural and Engineering Services
The State is responsiblo for performance of any required architectural or preliminary
engineering work,. The Local Govemment may review and oommerrt on the work as
required to accomplish the public purposes of the Local Government. The State will
,cooperate fully with the Lo at Government in acoomplishing these local public
purposes to the degree peanitted by state and federal laws. The Local Govemment
review shall not unduly delay the development of the Project.
11.w Construction Responsibilities
A. The State shall advertise for construction bids, issue bid proposals, receive and
tabulate the bids, and award and administer the contract for construction of the
Project. Administration of the contraot 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 : sure federal funding,
eligibility, projects must be authorized by the,State;prior to advertising for
construction.
B. Upon completion of the Project, the State will issue a'Notification ofCompletion"
ackn,awledglhg the Project's construction completion.
12. Project Maintenance
After the Project has been completed, the Load Go'v' rr m nt shall accept Will
ow.nership, and operate and maintain the facilities authorized by this Agreement for
Bridge-Bridge�-AFA Page 4 of 15 Revised 07122,12015
Bridge Division
l.i # 090a-08-088
Diffit#03-WIFS
Code hart 64#50243
Prey P Maplewood at McGrath
Trek
I Structure -243-0-1301()15403
Federal Highway Admini tr tion
- 5
Not Research and Development
the benefit of and at no charge rat toil to the public. This,covenant stall survive the
completion of conatrucflon under this errant
1 . Local Project Sources andUses of Funds
Project Cost Estimate is provided in lta merit D, Estimate of Direct Cost:.
B. Attachment D provides a source of funds estimate as well as the estimated direct
preliminary engineering,construction engineering, and construction coats for the
Project in total and by the Local Govemment,
C. The required Legal Government participation is based solely upon the tate'
estimate of theoligible work al the time this greeme, it.i executed and will t not
be adjusted during construction except as needed to incluide any Project cost
it am or portion of a cost;item ineligible for state or federal participation. In
addition to its she.re of estimated direct engineering and construction costa,the
Local Government is responsible forthe direct cost of any project cost item o
portion of a cost Item that is not eligible for federal participation render the federal
HBRRP, The Local Government is also responsible for any cost resulting from
charges made at the request of the Local Government. The State and the
Federal Gov6mment will not reimburse the Local Government,for any work
performed before federal spending authority is formally obligated to the Project
by the Federal Highway Administration. After federal funds havebeen obligated,
the State will send to the Local Government a copy of the formal documentation
showing the obligation of funds including federal award information.
D. If the Local Government will perform any workunder this contract for i
reimbursement will be provided by or through the,State, the Local Govemment
must complete training before federal spending authority is obligated. Training i
complete when at least one individual who is working actively and direotly on the
Project successfully completes and receives a certificate for the course entitled
Loca(Governmept Project P=eduras QuafificatOrr for the Texas Department a
Transportation. The Local oven merat shall provI e the certificate of
qualification to the State. The individual who receives the training certificate may
be an employee of the Local Government or are employee of a firm that has been
contracted;by the Local Government to perfoun oversight of the Project. The
State in its discretion may deny rei burssament it the Local Government has not
designated a qualified Individual to oversee the Project.
E. After execution of this Agreement, but thirty, p days prior to the performance of
any work by the State,the Local Government shall remit to the state the amount
specified in Attachment D for the Local Govemm,entas contribution for preliminary
engineering. The Local Government will pay, at a minimum, its funding shame for
thl esti ated cost of preliminary engineering.
Bfidge-Bridge-AFA Page 5 of 15 Revised 07122,12015
Bridge Division
J# 0003-03-083
district QWFS
Code Chart 64
Project,SEA Maplewood at McGrath
Greek
NBI truZure q - -0-1 1
Federal Highway Administration
FDA 4,20.205
Not Research andDevelopment
F. Forty-five ( days prior to the mate set for receipt of the construction bids, the
Local Government shall rermt its remaining financial share for the tate's
estimated con tructio>n oversight and conatroction coaRt :and any other rests
owed
G.. It, at the completion or terrnination of the project,the State determines that
additional funding is required by,the Local,Government, the Slate shall not.if the
Local Government in writing, The Local Government shall males payment to the
State within thirty ( days from receipt of the State's written notification.
H. Whenever funds are paid by the Local Government to the State under this
Agreement, the Local 0 overnmem.shall remit a check or warrant me d payable
to the "Texas Department of Transportation TrustFund," The check or warrant
shall be depositod by the State in an escrow accotint to be,managed by the
State, Funds in the escrow account may only be applied to the State Project.
1. Upon completion of the Project, the State will perform an.audit of the Project,
costs, Any funds dire to the Local Govemment,the State,or the Federal
w ern ent Will be promptly paid by the owing party.
J. The State will not pay interest on any funds provided y the Local Government.
K. The Local Government funding participation responsibilities include project direct
cosis only, except when the Project i terminated bafora;completion at the
rearrest of the Loral Govemment as addressed in;the Termination provision of
this Agreement,
L. The amounts shown on,Attachment ent_ are estimates only. II actual costs,exceed
e estimates,this shall be considered a fixed price agreement, and no additional,
funding;shall be re ,_wired of the Local Government except to the extent that the
additional costs result from changes made at the request of the Local
o ernrment or to the extant that the,acid itimal costs are not eligible. for federal
participation under the federal HB'RRP. It actual costs are less than the
estimates, Local Government participation shall be recalculated based on actual
costs. It the recalculation results its a reduction in participation by the Loom
Government the State shall Ray the difference to the Local Government upon
completion of the Project.
M. Under the proviaians of Texas Transportation Code Section 222.053 certain
counties quality as Economically Disadvantaged Counties ( ) in comparison
to other counties in the state as below average per capita property value, below
average per capita income, and above average unemployment, for certain years.
If applicable, iin consideration of cool) FDC,tams that may be applicable for the
Project, the required local match fund participation has been adjusted to
percent j
13fidge-Bridge-AFA page 0 of 15 Revised. 22Y 1
Bridge Division
CSJ*--Q903-0ff-083
District 4 gL3-W_FS
Code Chart 64 # 50243
Prckjocto As Maplem
Creek
NRI Structure#W-243-0-B03915-003
Federal Highway Admini,5tration
CFDA#20,206
Not Research and Development
N. The State,will notaxecute the contract for tha con sfruction of a Project the
required funding has been made available by the Local Government in
accordance with this Agreement.
0. The state auditor may conduct an audit or investigation of any entity receiving
funds from the State directly underthis contract or indirectty, through a
subc.ati,,tract,under,ttiiscontract.. Acceptance of fonds directly under this ntract
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 an audit or investigation in connection with those funds.
An onfity that is the sub�j of an audit or investigation must provide the state
auditor with access to any informa Lion the state auditor considers relevant to the
investigation or audit.
P. The Local Government is authorized le submit requests for re[mbursement by
submitting the original of an itemized invoice in a form and containing all items
required by ths,State no more frequently than monthly, and no later than ninety
(90) days after costs are incurred. If the Local Government submits invoices
more than rdnaly(90) days-after the costs are incurred, and if fedorW funding is
reduced as a result, the State shall have no responsibility to reimburse the Local
Govornment for those costs.
114. Performance by Local Governmentot Equivalent-Match Projects(EMP) in
Return for Waiver of Local Match Participation Funding on Participation-
Waived Projects (PWP)
A. Applicability, If a request for waiver has been received,and approved try the
States District Engineer,then the required ten percent matching fund
parficipation or percent as adjusted for EDC consideration,as shown in
Attachment D, Estimate of Direct Costs, but excluding ineligible costs under Ole
bridge,program, is waived, This waiver is based on the commitment of the Local
Government to spend an equivalent amount offunds for structural or safety
improvement on "othee' bridge structures and other conditions as specified 'in 43
TAC Section 15,55(d). If a waiver has been granted, the Project shall be defined
to be a PWP and the work on the"other" bridge structures that will be improved
by the Local Government shall be defined to be Irle,EMPs. Attachment C to this
Agreement shows a 1i5t of EM Ps under this Ag reement.
B. Project Cost Estimate for PWP. Attachment D to this Agreement shows the
estimated direct preliminary engineering, constru tion engineering, and
construction costs for the PWP in total and local match fund participation being
waived or partially waived.
C., Credit Against;F V Work. Ariy,local match fund parfloipation that has alroa,dy
been paid, or which the Local Government is agreeable to paying to the State,
Brldge-B rid ge�-AFA Page 7 of,16 Revised 07/221a2015
Bridge Division
i Q � "-
itrit#o - F
Code Chart 64# 50243
'roj not +l I• at h
reek
1 Stucture ttOa-243-0-BO3915-003
rederal Highway Administration
GFDA 5
Not Research and Duvelopmant
will be credited against EMP work to be performod by the Local Goverritmant, If
applicable, this credit will be reflected in Attachment D to this Agreement.
0. Responsibilities f the Local Govemment on
1 e The Local Government shall be responsible for all engineering and
construction, related costa, and compliance with all applicable state and
federal environmental regulations and perrnlittin uir ment .,
, The structural or safety improvement work on the EMPs shall be performed
subsequent to the final execution of this Agreement but within throe (
calendar years, after the earliest contract award of the related m
, Written documentation, suitable for audit, of the structural or safety
improvementwork completed an the EMPs shall be,kept on file by the Local
Government for four(4) ,years a ter completion of work or claims, lawsuits, or
audits related to those items, whichever is longer. A notion of mpl flop of
work on the EMPs sha0be delivered to theState's District Engineer no later
than thirty ( calendar days after work is completed on the EMft
, Failure by the Local Goverinmentta adequately complete the EMPS within the
:stated three-year period shall result in the l- .al Government being excluded
from receiving such waivers,for a minimum of five years-
Funding of Ineligible or ,additional Work Not,Waived, Regardless of,any waiver
of eligible program costs, the Local Government shall pay the State one-hundred
portent{t %)ofthe cost of any PW p item or portion of a cost item that is,not
eligibles for federal or state participation, and one-hundred percent (1 5 ) of the
costs resulting from additional work on the PPP performed solelyat the request
of the focal Govern .ent. If the Ineligible or additional work is preliminary
engineering,the payment shall.be made of least thirty ( )days prior to the
beginning of preliminary engineering work on the PWP. If the ineligible or
.additional work Is for construction or construction enginaorin ,the payment shall
be made at least forty-fi ( )days prig to the date set for receipt of bids for
construction of the PWP.
Bridge-Bridge—AFA Page 8 of 15 Revised o7j22.;201
Bridge Division
District#03-'IFS
Code,Cturt,64#.50243
Project;5B_M@pIewQR-J at_W.13rath
Greek
NBI Structure#Q-243-0-BQ91�-QQJ
Federal Highway Administration
CFDA#20.20-9,, ............_
Not Research and DevolDiament
All notices to either party shall, be delVvered pemonally or sent by certified or U.S.
mail, postage prepaid,ad dry ssed to that party at the following, address:
State. Director, Bridge Division
Texas Department of Transportation
Y1
125 E. 11 'Street
Auatin, Texaa.78701
Local Government: City Manager
City of Wichita Falls
1300 7"'Street
Wichita Falls,TX 76301
All notices shall be deemed given on tha 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 all be delivered personally or by certified
U.S. maul, and that request shall be carried out by the other party.
1 6�, Legal Construction
In case one or more oi the provisions contained in this Agreement=shall for any
reason be held ir-walid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provisions and this Agreement
shall be construed a-g if it did not oorikoin the invalid, illegal, or unenforceablm
provision,
17. Responsibilities of the Parties
The parties to this Agreement agree that no party is an agent, se.want, or em,ployee
of the other party and each party agrees it is responsible for its Individual acts and
deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents.
Bridge-Bridge_AFA Page 9 of 15 Revised 0712212015
Bridgo Division
-,j
District# 3-WFS
Code Chart 64 4 A0243
project- Maplewood at McGrath
Creek
NBI Structure
Federal Highway drniitratrarr
F #2 .20
Not Research and' Development
18. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the
State,shall remain the,property f the State, All data prepared under this Agreement
shall be madeavailable to the State +ithout re trieli rj or lirnit ti n on their further
o .., Ali documents produced or approved or otherwise created bry the Local
Government shall betranarnitted to the s tate in the form of photoeopy reproduction
on a monthly basis as required by the State. The originals shall remain the property
of the Local Government, At the request of the Mate, the al Government Shall
submit any information required by the State in the format directed by the State...
9. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances,;
rule 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,the oo l Govemment shall furnish the State with satisfactory proof
of this compliance..
tl. Sale Agreement
This Agreement constitutes the sole andl only agreement t er? the parties and
suporsed,es any prig understandings or written or oral agreernerrts respecting the
subject matter of this Agreement.
1. Office of Management and Budget (OMB) Cast Principles
In order to be reimbursed with federal funds, the parties shall comply with the Coif
Principles established in 2 CFR 200 that p cify that all reimbursed coats are
allowable, reasonable,and allocable to the lira t..
2. Procurement and property Management Standards
e parties shall adhere to the procurement ent standards established in Title 49 CFR
1 B-36.and with the property m anagement standard established in Title
1 . a
Bridge-Bridge AFA Page 110 of 15 Rel4isorl 07/,22,,'20,15
Bridge Division
Cal d -r4W�
District#03-WFS,
hrr '
Frojec,c aB Maplwwood at McGrath
Creek,
Fpdera,l Highway Ad,,rn�nistratiun
F :. 4
ti t Research and Development;
Inspection f Rooks andRecords
The,;parties to the Agreement shall rnaintain all gooks, documents,;papers,
accouft,ting records, end t1 i r d m nt tin relating t , t in Tarr d under this
Agreement and shall make such m t rrdls available to the State. the Local
Government, and, if federally funded,the rederal Highway Administration (F
and the U,S. Office of the InspectorGeneral,or their duly authorized representatives,
for revise and inspection at its office dufinq the contract period and for four t l years'
from the date of completion of work defined under this contract or until any impending
litigation or claims are resolved, dditi n ll , the State, the'L gat Government,the
FH,WA, and their duly authorized represer-ftat[ves shall have access to It the
govemm ntal records that are directly applicable to this Agreement for the purpose of''
making audits, examinations, excerpts, and transcriptions,
24, i it Rights Compflanca
The parties to this Agreement shall comply with the regulations f th ,
Department of'Transportation as they refala to nondiscrimination t FR Part 21
and 23 CFR Part , arid'Exeoutive Order 11246 titled "Equal E p loyment
Opportunity," amended by c ti e Order r t 1375 and supplemented in the
Department f Labor Regulations tit CFR Part ,ii
m Disadvantaged BusinessEnterprise r i
A. The part[es shall comply with the DisadvantagedBusiness Enterprise 'r r m
requirements established in 49 CPR Pad u
B. The Local Govemmentshall adopt, in its vitality,-the State', federa4 approved
DBE program
The L. al Government shall sat an appropriate DRS goal consistent with the
State's DBE guidelines d irr rr id rat!ou f the looal market, project size', and
nature of the goods or services to be acquired. The Local Govemment shall
have final decision-m king auth,ority regarding the DBE goal and shall be
responsible for documenting its actions.
D. The Local, Government shall follow all other parts of theSlate's DBE`program
referenced in TxDOT Form 2395, Memorandum of Understanding Landing egard ng ttie
Adoption of tfie Texas Department of Transportation's Federal ly-App roved
Disadvantaged uair Enterprise
y Entity and atta0ments found at web
address
a " � ,'' ` H ,lot-inLoj�gLt' a�rd 'Ii� �tt,i 11I[9 t ."rh'.
rnatstate, , . ��ta _ _
E. The Local Govemment shall not di8criminate on thebasis of race,,color, n ti r, 1
origin, or soy.in the award and performance of any U.S. Departmentof
Transportation (DOT)-assisitedconitrart or to the administration of its`DBE
Bridge-Bridge -AFA page 11 at 15 Relfiised',07/22,12,015
Bridge Di i i n
J 3-33-033
District tt 3-IFS
ode Chart 6,4# 2u243
Project; SB Mgplowool at r th;
Creak
N131 Structure#2 - - - - 0391 -0 3
Federal Highway drninistr tion
FDA#20.205
Not Research and Development
program r tho requirements of 49 CFR,Part:26. The Local Government shall
take all necessary and reasonable steps under 49 CFRart to ensure non-
discrimination in award and administration of LOOT-assisted coritracIts. The
Mate's DBE program, as required by 49,CPHart 26 and as approved by DOT,
is incorporated by reference in this agreement. Implementation f this program is
a,legal obligation and failureto carry out its terms shall be treated as a, violation
f this.agree ont. Upon notification to the Local Government of its failure to
carry out its approved pro-gram, the State may impose .sanctions as provided for
under 49 CFR Part 26 and may, in appropriate cases, prefer the matter for
enforcement under 16 U,&Cu 1001 and the Program Fraud 0,i it Remealles Act of
1986 ( t U & . 3801 et s p).
F. Each contract the'l-e al Govern exit signs With a contractor(and each
subcontract the prime contractor signs with a,sub-contractor) must include the
following ingassurance: The contractor, sub-recipient, orsub-confractorshail;n t
discrimmate on the basls of race color, national origin, or sex on the pefformance
f this contract. The contractor shall carry out applicable requirements of 49
CFR Part 26 in tip sward and administration of DOT-assisted contracts. Failure
by to contractor to carry out these requiremonts is a matefial,breach of this
agreamenr, which may result in the termination of this agreenvnt or such other
needy as the recipient deems aPPropriate-
26.
Debarment Certification$
The parties are prohibited from making any award at any tier to any party that is
debarred of suspended or otherwise excluded fr. or ineligible for participation in
Federal Assistance Programs under Executive Order 12549, "Debarment and
Suspension.' By executing this a reement, the Local Government certifies that it is
not currently debarred, suspended, or otherwise excluded from or ineligible for
participation in Federal assistance Programs under Executive order 12549 d
further cedifies. that it will not do business with any party that is currently debarred,
suspended„ or otherwise excluded from or ineligible for partcipatlon in Federal
Assistance Programs under Exeoratiwre Order 1: gA The parties io this contract shatl
require any party to a sulboontraot or purchase order awarded under this contract t
certify its ali ibility to receive Feral funds and, when rc quested by the State,to
furnish a copy of the certification.
7. Lobbying Certification
In executing this Agreement, each signatory,certifies to the best of that signatory's
knowledge and belief, that:
A. No federal appropriated funds have been 'paid or will be paid by or on half f
the parties to any person for influencing or attempting to influence an officer or
rfrrtgo- ridg _ F . Page 12 of 13 Revised 0712 /201
Bridge Division
- u 083
Di trt . 'FE
Chart
Project:
rk
BI tr ctur 0 - -• - 1. R0 3
Federal Highway Administration
CFDA Q0205
t t Research and Development
ern ployee of any'federal agency, a.Member of Dongr $, an Off r r employee
of Congress, or an employoo of a, Member of Congress in connection Vith the
awar6ng ofarryfederal contract,the making of airy federal ral grant, the making of
any`federal loan,the entering into of'any cooperative a ht, end the
extension, continuation, renewal, amendment, or rnoditatiDn of any federal
contract,grant,nt, loan,or coo.perative agreement.
B. tf any funds other then federal apprappiated funds have b paid or crll be paid`
to any person for influencing r attempting to Influence an officer or employee of
any agarroy, a Member of Congress, an of*,cer or,employee of Congress, or an
employee of a Member of Congress in connection with federal contracts, ,ants,
loans, or coope rative agreements,the signatory for the'L cal Govemm, ent shall
complete and submit the FederalStandard F -LLL, Tisclosure Formto
Report L bbping,' in accordancewith its instructions,
C. The parties shad require that the languagp of this certification be included in the
award documents,for all sub-awardsat,all tiers(including subcoatracts, sub-
grants, and rwlr ct. under grat , loans, and cooperative agreements) and all
surb-ireciplants shall c rl:ify and disclose accordingly, Submission.of this
certification is a prerf,?quisrtefor making or enteling into this transaction imposed
by Tftle 31 Ul S.C: §1352. Any parson who fails to file the required certification
shall be subjer;t to a, civil penalty of not leas than,$10,000 are not more than
1 tt, 0 for ea6h such failure.
Federal28. Funding u t ility and Transparency t Requirements
Any recipient of fonds urn ar t pia agreement agrees to cornplywith the Federal
Funding unt bility arid, Transparency Act,(WAT )and implement'ing
regulations at 2 CFR Part 170, including Appendix A, This agreement is subject
to the follow[rig award t r N i- ear>�c w.,0j Wfij�_ ;g ar pair 1 4 C
an
B. The Local Govemment agrees, that it shall,
1. Obtain and Provide to the^State, a Central Contracting Fla iatr t
number(Federal Acquisition Regulation, 'fart 4, Sub-part, ;A 100), if this award '
'des for more than $25,GGO in Federal funding.. The CCR number may be
obtained by visifing the web-site whose address is:
4.T�' ?ta'�4'LN:d.9'wrly "^9, a4s
_ Obta�rr and provideto the State a Data universal Numbering System (DUNS)
number, a unique nine-ch ra t r>nur number that allows the fe-deralgovernment
to track the distribution of federal money. Thy C number,may b
requested free of charge for all businesses and entitles required to do so b
visiling; he Dun & Bradstreet I jon-line registration ti i ite
LLL o. , _i t mrp
a
i76 w a" rq and
w.....,.,. n..ej ,
E idge- ridrge . FA AFA Rave 13 of 15 Revised 07122�2015
Bridge Division
Citrt � mm
Code Chart 23
Pro ect:. Map1q . . t�-t r the
Greek
1 Structure#103-243-0-1303915-003
F dtxr 9:Hi hvv ,Admini tt' titsn
CFDA tt,
Not ReseaTch and Deveropment
9 Report the total compensation and:n rrle df its.lip fiVe IS) executives to the
State if'
i,t More than % of annual gross newentio.5 are from the Federal
government, and those revenues are greater than edge ; arid''
ii. The compensation inforrrroti -is not already ava l ble through reporting t
the U.S-Securitles and Exchange Commission.
® Successors and Assigns
The State and the Local Gavernment e eh binds itself, its,successors, executors,
assigns, and administrators to the other party to Ibis Agreementatid to the
successors, execrators, assigns, and administrators of such other party in respect to
all covenants of this Agreorf nit
® Locall Government Resiricitions
In the case that the Local Govemment has an existing; fot�rro, or ro �as d too l
ordinance, commissioners court ender, rule, polivy, or other directive that is more
re tncti e than the otate or federal regulations that results in are increase cost to the
t .le for the project, the local government is responsible for all inorra ed costs
associated with the ordinance, order, polioy,directive, or change;
31. Single Audit Report
A. The partles shall corn pl °with the requirements.of the Single Audit Act of t •
.Ln 98-502, ensuring that the single audit report includes the coverage stipulated
in 2 CFR 200,
°. If thre Yr ld empandlitures are met during the Local Governmerit',s fiscal year, the
Local Governmant rno: t• aabmit Single Audit Herport,and Management Letter(it;
applicable)to Ct• T Audit Off East 11 tih Street, Austin,TX 78701 or
contact T T' dit Office at htt �� t ri tub 'ir rq
t 4�Mt ott; mL�;lRt, � I x9Mt ts�i The expenditure,thresher)for fiscal years
beginning pniorto December 31, 2014 i , the d penditlare threshold for
liscal years beginning on or after December 31, 2014 i 750,l I
If expenditures are less than the threshold during the Local overnment's fiscal
year, the I Government must submit d statement to T I T" Audit ffi o ais
follows.- We did riot meet the endittire threshold and therefore, are
snot r g it d to have asingle audit performed for p —
D. For each year the project., romains open for federal funding expenditures, the
Local ► o ernment will be responsible for filing a report or statement as described
above, The required,anneal filing shall extend throughout the life of the
agreement, unless othemise amended or the prdjnct has been formally closed
out and od charges have been incurred within the current fiscal year;
Bridge-Bridge-AFA Page 14 of 15 Revised 07122120,f
Bridge Dvision
CItrit F
Code Chart,64#50243
riot.
creek
I Structure#03-243-0-B03915-003
Federal Highway d ini tr tl ..
FFA#?-,0,205
Not Researct-i and Development
32. Signatory Warranty
Each signatory warrants that the i n t r ry authority to exegete this
agmement on behalf of the entity represeryled..
THIS AGREEMENT IS EXECIJTED by the State,and the Local Govemment in duplicate,
LOCALTHE GOVERNMENT
Signature _
Typ,ed or Printed Name
,ate
E STATE OF TEXAS
Gregg A. Freeby, P.F-
Director, Bridge,Division
Texas Department of Transpoftflon
Date
Bridge-®ridge® :Page, 15 of 15 Hevised 07/2ZQ015
ridge Division
10 - -
District ,m r _ ..
Code Chart 64 #502,43
Project:SS Mapj r� t h r l
r
NISI Structure#03-243-0-B0391LOOG
Federal Highway r dministr W
CFDA# n-T55
Not Research and Development
ATTACHMENT
RESOLUTION OR ORDINANCEOF LOCAL,
Bridge-BiAge—AFA Page 1 of I Attachment
grid Division
CSJ# 0903-03-083
District
Cocle Chan 64 #
Project:-SL8 Mapleywood at Mr-Grath
N Stew tur - ' -0- 1 -OVJ
Federal Highway r dmi i tr ' n
CF,D,AO, `
Not Blesearch and Development
ATTACHMENT 8
'PROJECT LOCATION
.AAflk*)Wry TIC ffild
a
, a �' gyp"
u y n
011
... � �
tly
�t
e
g
t I 4 l V 7 B fi V
.aa �T
t
t hr
R,ridge-Bridge—AFA Page 1 of t Attachm Lmt B
Bridges Division
Q5j
District #12-_VIFS
Code Chart,64-9 50243
Pt j,e ol: '�Ma)1 e�w -d,at�Mq G r at h
Creek
NBI Structure#03-243-0-99-3
ForJoral Highway Administrakin
GFDA#20,205
Not search andi Development
ATTACHMENT C *41
LIST OF DISTRICT ENGINEER APPROVED
EQUIVALIENT-MATCH PROJECTS
Location (and On School Historic Description of Estilmated 7
structure Bus fridge? Structural or Safety Cost
identification,number, 5, Route? (Yev'No) Improvement Work
WF003. Ditto Lane No No RepL,3ces a 42'RCP with a $153,239-00
2-8'x SM BC with a 15
skew
---------------
-----------------
.......... ...............
--------------------------
Total $153,239,00
0 -rk1'11""--'—'--1
M Ito credited to this PWFI* $75,101.00
-iT—al,an&e—of-t—MP work available to ash doiWte--1dPW-P-T $78,138.06------
Associated 1PWPs QSJs Amount to be Credited to Associated
PWPS
0903-03-0,84 _1§224 7,00
--—--------------------
--------------
*This total should Typically equal the "Etalance of Local Government Participatlon that is
waived as shown in Attachment D,..This attachment not applicable,for non-PWPs,,
Bridgo-Bridg,o._�,FA Page 1 of I Attachment C
Bridge DOAsion
3, 3-
District
Code Chart 64 #50243
Prod t: SQ Maplewood at McGralh
N131 Structure;#Q- - - 1 -
Federal HighwayAdministration
FD 0,205,
Not Research and Development
ATTACHMENT
ESTIMATE OF DIRECT COSTS,
Local Government
Estimated Cost Eartioi ation
Preliminary n tnrsn ) �.' ..w i .0�. ..�. _�:�
Ten Pa re nt (1 %) or EOC Adjusted
Percent of PE for Local Govemment ( )$3,456M
Participation
Construction 1705,4%00
Engineering and Contingency E ) $52,555,00
The earn of Construction and E re_(?$T� �}
Teri Percent (10%) or E DC.,Adjusted
Percent of the Sum of Construction and
E&Gfor Local Government Participation .., 09
Amount of advance Funds paid by
Local Government
Amount of Advance Funds to be Paid by
Local Government
Balance of Local Government
Participation whieh is to do Waived,,
ire the Project is a PWP
Total project Difed Coat + 7 2,1572.00
'credited Against Local Government Participation Amount
If this I roj of is to be a P P,Amount of EMP Work Being Credited to this PWP as Shown
on Attach rat C. 1 e
Bfidge-Bridge-AFA Ego 1 &1, Attachment nt
5o [division