Res 081-2016 8/2/2016 Resolution No. 81-2016
Resolution authorizing the City Manager to execute an Advance
Funding Agreement with TxDOT for the Construction of a Hike and
Bike Trail from Wichita Bluff to LP 11
WHEREAS, the City of Wichita Falls, as Project Sponsor, is an eligible entity as
described by 23 U.S.C. 213, that nominates a particular project for consideration,
exercises jurisdiction over the geographic area in which that project is located, and
commits to the project development, implementation, construction, maintenance,
management, and financing; and,
WHEREAS, the City of Wichita Falls, as a project sponsor, supports funding this
project as described in the TAP 2015 Nomination Form (including the construction
budget, the Department's 15% administrative costs, and the required 20% local match)
and is willing to commit to the project's development, implementation, construction,
maintenance, management, and financing. The Project Sponsor is willing and able to
enter into an Advance Funding Agreement with the Texas Department of
Transportation; and,
WHEREAS, the City of Wichita Falls is a public body organized and established
in accordance with Chapter 458 of the Texas Transportation Code, enacted by the
Legislature of the State of Texas; and,
WHEREAS, the City of Wichita Falls is specifically authorized by Chapter 456 of
the Texas Transportation Code of the law of the State of Texas to accept and dispense
federal financial assistance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute the Advance Funding Agreement with
the Texas Department of Transportation for public improvements related to the
construction of a hike and bike trail along the Wichita River from Wichita Bluff to LP 11.
PASSED AND APPROVED this the 2nd day of August, 2016.
MAYOR
ATTEST:
City C rk
s
l7;
NOT Tlu SCALE
gItok
q �t,
° FROM WICHTF�EA,;JFF�TaT LOOP �"�
�. .
I
I `oil 9TH
R-E AATERw�
+.� °,x.T�Ti..:9a
. a=NAME AND ME TRAIL
` —WICHITA RLUFF t ±.
t
M1"yE4LA
Lo
sr
L 4
w MLLs �illlt BIRCH ST
IN
LUBA BE.E.,,H cT
ARPQWHLAZI— &E d e } r
HIKE AND BIDE TRAIL FROM WICHITA BLUFFSTO LOOP 1 I
c i - 3-11
Dr,trict Ft:03- ichita Falls
Cade Chart :50243
Protect:TAP:Dike and Bike Trail
Federal fIigh ^ay Adrninistration
CPDA Trtiwa:Highway Planning and om;.truction
CFDAW:20.Z 5
Not Ressw afch am Df,-vehcti merrt
STATE OF TEXAS
ADVANCE FUNDING AGREEMENT
FOR A TRANSPORTATION LT TIVE PROJECT
State.-SelectOff-System
This:Advance,Funding Agreement for a Transportatiran Alternatives Project("Agreement")is made between the Stag of
Texas('State'), acting through the Texas Departorerst of Transportation,and Laid ref tr�L�lLs"r—
Government"),acting through its duly authorized officials.;
BACKGROOND
Loral Gavernment.Prepared and submitted to State or Metropolitan Planning Organization('M ")a nomination form
for consideration render the Transportation Alternatives Prot rani("TAP')for the,project,which is bnefly describetf a
h9fi.f,,�,aiT,, I traii fi°uarn Wichit Blrrff tot P 1 ('Project"),
Federal laws establishes federaliy funded programs for transportation im,provernents to implement its public"purposes.
Federal laws,23 USC 4 134 and 49 USC§Sid , requires that Mate and MPOs develop transportation pians and programs
for urbanized areas of Texas.,
Tex:TranSp ;ode§§201-1,03 and 222,052 establish that State shalldesign,construct,and operate a system of highways
in c oper"atiorm with local governments.
Federal and state laws require local governments to Meet tertain contract standards relating to the management and
administration of Stage sand>federal funds.
The Texas Transportation Commission(`Co tlrnissl rt"�passed Minute Order,Number 11436 (WO")elated September
4,2015 awarding funding for projects in the 20,15 TAP Program Call of the Texas Dep ar'tra ant of'rrarrspor-tation
including Project-
The. rules and procP Ceres for TAP are established in 23 USC§213,and 43 Tex.Admin.Code Subchapter I1o17
The governing body of Local Government has approved eritftripig into this Agreement by resolution or ordinance dated
hwr Beet date}, which,is attached to and made a part of this Agree me nt as,Attachnie.n1,dry
Therefore,State and Local Government aprefc as follriws--
EME T
T Period of Agreement and Performance
1.1. Pena=d of Agreement. This A revr=tient becomes effective when stpned by the last party whose,sign4ig
makes th ie Agreement fully execrated.This A reertrent shrall remain in effect until terminated as provided
in radicle a
AFr°-AF TAP Page t of 14 flevised 201 -03-Z3
CS-1:0903-03-112
District#,.03-Wichits Falls
Code Chart 64#:50,243
Project-TARP.H Ikeand Blka Trail
Fecleral Highway Adminhitrurion
UDA TMO:fftfiway Planning and Construction
CFDA#-M205
Not Research and.Development
11. Period of Performance.
1. The Perforrnance Pierioid for each phase of work beginsian the date specified In the
Federal Pro,-act Authorization Agri,.
J eement("FP AK)for that phase of 1mork.,Local
'Govern mentmay not begin work until issued the State Letter of Authority f'SLOA')for
that phase of work.
2- The Performance Period for each phase,of work ends on the date s�pecified in the FPAA
for that phase of work.
2. Termination of the Agreement
21. 'Phis Agreement may be terminated by any of the following conditions:
sl. ay mutual written consent and agreement of all parfies,-
b y any party with 90 days written notice,or
c" By either party, upon the failure of the ather party to fulfill the obligations as set forth in this
Agreement.Arty cost Incurred due to such breach of contract shall be paid by the breaching
P'a rty-
2.2, if the potential termination of this Agreement is due to the failure of Local Government to fulfill its
contractual obligations,State will noVty Local Government that possible breach of contract has occur-red,
Local Government should make every effort to remedy the breach within a period m,utually agreed upon
Ityboth parties.
Zll. If Local Government vvkththraws from Project after this Agreement is executed,Local Government shall be,
responsible for all direct and indirect Project tosts as Wentified by the State!5 post accounting system and,
with 2 C FR part 200 recapture require m ents-
2.4. A project may be elimitiated from, the program,asoutfined below, If Project is eliminated far any of these
reasons,this Agreement will be appropriately terminated.A project may be ellm inated from the,
progra mi,and this Agreement terminated,
a Luca I Government fails to satisfy any requirements of the Program rules cited in
43 Tex.Admim Code Sm,khapter 11,F,
b The implementation of Project would invnive significant deviation frorn,the activities proposed
in the nornhiation form and approved by the Tex-as Transportation Comrnis5iian or to PO In
consultation with State.
c- Local Govef riment withdraws from participation in Project.
d, State determines that federal fundin may be lost due to Project not being implemented and,
completed,
e., Funds are not approprFatecl,in which use this Agreement shall be terminated immediately witfi
no liability to either party. Payment under this Agreement beyond the current fiscal biennium is
subject to availability of appropriated funds-
f. The asscidiilled FPAA Is not issued by the end of the,third federal fiscal yearfollowing the federal
fiscal yearfor which the funds are authorized-Federal fiscal years run,October I through
Se ptember 30,
Local(3overnment falls to attend progress rneetingsat least twice yearly,as scheduled day states
AFA-APA—TAP Page 2 of 14 Revised 2016-03-23
District 4:M- ithita Falls
Code Chart 44e 523
Projoct.'TAP'Fle aAradBikeTrawl,
F,sderal Highway Adrrrini5ttaathin
CFDA Title:fifith ay Planning and Construction
aw.FDA f'r 20.20
Nut research anti Development
„5. State,at its stale discretion, May t rmi hale this Agreement if State dues not receive project invoice within
70 days of FP &
. Amendments
This A reen nernt may he amended 4ue to chanBos in the work,the amount of funding required to complete
Project,or the respansibi€hies of the parties.Such amencim; rri must be made through a mutually agreed updrn,
written amendment that is executed by the parbeso
e Scapa of Work,Use of Project,and Project Location
.1. The scope of work fair Project jlocaateid as shown in Attachment B, Project LocationMap)czarnsists of:
aU,„nstrua tiray;�..10-f aot-wrde anDA accessibiv hike and biia;r trail tlo n,a tt'ra3. r.otatlm shofe ref':Ifie Wichita €tiverto"
t,rJop i.f ttmr a ciattater'e tnl'tspprm xin—tately°one-half j/ j mile using 6"t unforced can a°er .As flcleschbod isa
the 2015 TAP nomination form,convtr,.rctirrrm will irnr:t,ude retoinuig wail, pedestrian,r,-W,,na, incidental
dr m6rtasnr; irinprcvoeme,rnts,benches and a trail arcess parking lot near Loop It-The PUrpo.ser of this AP
project is to prDvidea',a ternativc�traarnsparlaatir.n a nu prrymrrnrnte l eoallh y recreation,
.F any project rharn es proposed must be submitted in writing by Local Government to State.Changes may
also require an amendmentr to this A r errnent and the approval of the FHWA,State, MP ,or the
orrmrnisslon Any changes undertaken without wTitten approval and arrendrirrent of this A re mernt may
jeopardize eadt only the federal foading for tare changes, but the federal funding of the entire Project-
s. Right of Way arld ROW property J c tmisiti n
. . Right of way and real property acqui itira,n$bell be the rknspohsibility of Local iSovernment.Title to right of
way and other related real property must be acceptable to Mate before fLJndaS ma`v tre expended, for tine
improvement of the tight of ay or real property. if Local Government is tare owner of airy part of Pro ect
site wtrider this A reorrlenta Local Governrrmentshall permit S to or its,aut'nortzed re Presentative access to
occupy the site to perform a,II activities red cited to execute the work,
5,1 Local Govern niernt will comply with and assume the costs for oom Prance with all the r(,,.Quirernents of
Title fl and Title ill of the ttrnifourn pelocaation.Assistance a nd Rea Property Aron isitiorn Policies Act of
1970,42 USC§4601 tat seg.,in cluo ing those provislons relating to in identaI expe rises incurred by the
property owners itn co nveyi ng time real proparty to Local Government,and benefits appiicahie to the
relocation of any misplaced person as defined irn 49 Ci~P I 24.2(lg)-ttsna_u nient tiorn to sw mcort swrch
coranpliance lnnust the rrnaintairned and rmnade ayaiiabla to State drnd its representatives for review and'
inspection.
.1 Local Government shall assurrme all costs and 1perform all work necessary to obtain neeried evidence of
title or rigbt of use to the real property required for develmapmeni of Project, EvMente of title or ref;ht;oF'
use shall be acquired in time nwrrne oft.lj State, if the real propertyr is to be made part of the Mate Highway
system,.and(2)Local Governrnent,dtheer is .T"hf,eiridenre of title cor rlights she II be acceptablhe to state,
and Lie Free anti clear of all encroachments. Local Government shall secure and provide easements and
any needed rights of entry ov r any other land,neoded to adevi+elop Project according to the approved
Projinn plans. Local Gowerriment shall be responsible for securing any additional real property required
for cotrnpletron of Project.
. . Local government shall prepare real property maps,property descr'nptionsi,and other data as needed to
properly describe the real property and saJb it them to tate.for approval prior to Local Government
AFA-AFA—'TAP Page 3 of 14 Revestrd 2016-03-23i
CSJ-09103-03412
D strict H,03-Wichita Falls
Code Chart 64;5,0243
Proj ett:TAP:Wke and Bike Trall
Federal Highway Ad rn inistf atic a
UDA Title:lHighway Planning onO C*mtTuajqrn
CFt)A,Y:ZO.205
Not kerb earth and(�eveloprnent
acquiring,the real property.Tracings of the maps shall be retained oy Local Government for a permanent
rKord.
5�5. Local Governme nt shall 4etervi the property values for e ath real property parcel to lae purchased with
federal funds using methods acceptable to State and shall submit to State a tabulation of theva lues so
determined,4. ned by the appropriate Local Govern meM representative.The tabulations must list the
parcel numbers,ownership, acreage,and recommend ed compensatto ri,The ta butation MM List be
accompanied by an explanation to support the,estimated values,together with a copy of the
documentation and reports used in calculating,each parcel's valtre, Expenses incurred by Local
(5overnment in perforroing this work may be efigible for reirnbursernentafter Local Government has
received written-authorization by State to proceed with.determination crFreal property values.state will
review the data submIlted and will base its reimbursement flier parcel acquisitions on these in
determ ining,the fair market va I Lies.
5.6. For$Wte-selected projects„
Local Government shall mt use eminent domain or candern nation to acquire
real property for this TAP oroject.
5.7. Rpi mburse went for real property cove sts will be rn ade to,Local Govomment for real property purchased in,
an amount not to exceed 80 percent of the cost of the real property purtbased in accordance With The
terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed 80 percent
of States predetermined fair market value of each parcel,or the net cost thereof,whichever is less. In
addition,reimbursement will be made to Local,,Government for necessary payments to appraisers for
expenses,incurred;in order to assure good title,
5.8. Local Government and current property owner are responsible for anyr costs associated with the
relocation of displaced persons and personal property as well as incidental expenscs incurred in acqUiFing
property to implement Project,State will not pay any of these costs„
5.9a if Project requires the use of real properly to which Local Government will not hold!Utlle,a separate
ag,reement between the owners of the real property and Local Government rrust lee executed prior to
execution of this Agreement.The separate agreement between,Local Government and the current
property owner must establish that,Project will be dedicated for public use for a period of time not less
than ten years after project completion and commensurate with the federal investment as ootfirved irr
43 Tex,Adm in.Cope§11317,The separate-,agreement must define the respomillolities,of the parties as
to the use of the real property and operation and maintenance of Project after completion-The separate
agreement must be approved by State prior To its execution and a copy of the executed separate
agreement shall be provided to State.
5,10. Local G overrimgrit sha 11 execute inclivid ua lly or produce a legal document as,necessary to provide for
Project's continued use from the date or corn Pletio n,anti agrees,to cause the same to be recorded in the
laced rectr rd s of the appropriate jurisdiction.
5.11. Local governments re ceiving,fede ral funds must comply with 23 CF R Part 710 and 49 CFR part 24,and
with the procedures provided in Chapter 15,of the State's Local Goverrim,ent Project Policy Manual.Local
Goverrunent agrees to rriorritor Project to ensure: (1)continued use of the, property for approved
activities,and(2)the repayment of the Federal funds,as-appropriate, Local Government agrees to the
,review Dittheir Project accounts and site visits by State during the development of project at any time.
Upcm Project completion State will continue to perform periodic visits to confirm Projects continued use
and upkeep,
AFA,�AFA TAR Page 4 of 14 Rased 016-03_2a
C5J:0903-03-112
Mstrlrt#.03-Wichita falls
Code Cb art fib:50243
Rroj ecv'TAP.Hi1ce ike'rrail
Federal Higliway Adminkstrat3on
MA,Title.,Highway Pla nning and,"structjon
CMA 0:20.205
Not Roearth a rid Nvelopment
5,12, Before the adv rtise ment for bids,Local Government shall provide,a.certification to State that all real
property has,Won acquired.
6, Utilities
Local Government shall be responsible for the adjListrnent,removal,or relocation of utility facilities in
accordance with applicable State laws,regulations, rules, policies,,and procedures,including any cost to State of
a,delay re5ulfirg from La calGernme nes fa lure to ensure that utility facilities are acj usted,removed,or
relocated before the scheduled beginning of construction. Unless,specified in(1)the nomination form approved
by State orMPO in consultation with State and(2)this agreement, Local ern meat will not be reimbursed
with federal or state funds for the cost,of required utility work, Local Government must obtain advance approval
for any variance,from established procedures- Before a construction contract is let,Local Government shall
provide,at Stags request,a certification stating that Local Government has completerl the adjustmero of all
utilities That mu-st be adjusted before corrstructior)begins,Additional utility work,m ay be required due to
unknown conditions discovered during construction.These costs may be eligible for TAP participation if;(1)the
activity,is required to complete Project,(2)the cost is incidental to Project;arid,(3)TAP funding isavraflable.Any
change orders,must be ap Wmved by State prior to incurring,any cut for which reirriburserrient is sought,
7. Environmental$Assmment and Mitigation
Development of Project must comply with the National Envirunmental Policy Act and the National Historic
Preservation Act of 190,which require environmental clearance of federal-aid projects.
73. Local Government is responsible for the Identification and assessrnent of any environmental problems
associated with the development of P roject-
71, Local Government is responsible for the costof any environmental problern's rniti�atdon and
r,emediation-These casts will not be reirnbumed or crediteti towards Local Government's financial share
of Project unless specifletl in the nomination form, and approved by State or MFIO in consultation with
State.
7,1 Local Government is responsOble for providing any public meetings or public hearings required for
development of the envi ronin-en tal assessment,
7 4, Before the advertisement for bids, Local Government shall provide to State written documentation from
the appropriate regulatory agency oragencie&lbat all enviroornental clearances have been obtained.
Compliance Frith Texas Accessi bility Standarl:15 and ADA
All parties to this Agreemem:shall ensure that the plans for and the coostructioa of Project subject to,this
Agreement are,in compliance with the Texas Accessibility Standards j`TAS`)issued bV the Texas Department of
Licensing and Regulation,under Tex,Gov't Code §469Z52,The TAS establishes minimum accessibility
requirements,to be comkstertt with minimum accessibility requirements of the Americaris with Disabilities Act
(P-L-101-336)
9. Architectural and Engineering Services
Architectural and engineering serVices for preliminary engineering will be provided by,local Government, In
p rocuring praft-ssio rial services,the pa rtles to this Agreement m ust ro m plywilh federal requirements cited in
23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these
services;:and with Tex.Gov`t6ode Subchapter 2254-A.,in all cases_Professional services contracts for federally
AFC,-AFA—TAP Pad e 5 of 14 Revised 201643-23
0903-03-412
District#,-03-Wichlica Falls,
Code mart 154#:50243
Project:TAP:Hike and Wke Trail
Federal Highway Administration
CFDA Title.Highway KannIng and Construction
r-FDA#:ZO.205
Not Research and Developrnent
funded projects must conform to federal requirements, Fear State-selected projects,architectural and
engineering SerVICeS are not:Oigjb[e for TAP r0mbursernent,
9.1. The architectural c retract documents shall,be developed in accordance with the standards of the
a
American Institute of Architects,the U.S,,Secretary of the Interior's Standards for Historic Preservation
Projects,Standards and Culdefin es for Archeology a nd,Historic Preservation,,the N ationa I Register
Bulletin Nu m bar 36:Guidelines for Evaluati ng and Registering H istorica I Arcibeological Sites,and in
I
consultation with the State Historic Preservation Officer,as applicable.The engineering plans shall be
developed in accordance with Stat&s applicable Standa rd Specifleat ions for Construction and
Maintenance of H101 ways,Streets and Bridges and the two Ameirican.Assoriation of State Higbway and
Transportation OfficiaW ("AASHTO")publications,"A Policy on Geometric Design,of Highways and
Streets" and"Guide for the Development of Bicycle Padildes,'Zis applicable.All contract procurement
procedures and,documents must adhere to the applicable requirements established in the Standard
Specifications for Construct[o n and Ma I ntena nce of Highways,Streets and 6 ridges.The use,of rather
systems of specifications shall be.approved by State(R writing in advance,
9.2, When architectural and engineering services are provided by or through Local(5rovernmenT, Local,
Govemment shall submit any plans It has completed to State for review and approval.Local Government
may also submit tine plans to State for review any time prior to completion-Local Covernment shall make
the necessary revisions determined by State.,focal Govern me ct willi not let the construction contract
until all required plans have received State approval,,.
93. When architectural and engineOiing services are provided by or through State,then the following applies;
State is responsible for the delivery and performance of any required architectural of preliminary
erigineering work.Local Government may review and cornment on=the work as required to accomplish
Project purposes.State will too pe,rate with Local 15overnment in accomplishing these Project purposes
to the degnae permitted by state and federal law,
10. Constinualon Responsibilities
10.1. Local Government shall advertise for construction bids,issue bid proposals,receive and tabulate,the bids,
and award and administer the contract for construction of Project-Administration of the contract
includes the nes�pon!siiblfity for construction engineering anal for issuance of any change orders,
supplemental agreements,amendments,or additional wGrk orders that may isecorne,necessary
subsequent to the award of the construction contract, In order to ensure,federal funding eligibillty,
projects must be authorized by State prior to advertising,for construction-
10.2. All contract letting rid award procedures most be approved by State prior to letting and award of the
construction contract,Whether the constructicin contract is awarded by State or by Local Government.
1113. All contract change order review acidapproval procedures must be approved by State prior to start of
ConstrucUon,
10.4. Upon completion of Project,the party constructing Project wi 11 Issue and sign a'Notification of
Completion" acknowledging Projects construction camp letio n-
10.5. Fo r federally funded contracts,the parties to this Agreement will comply with federal cons:tructilo n
requirements provided in 23 CFI Parts 633,and 6,35,and shall Include the latest version of Form"FHWA-
IZ730 in the contract bidding docurnents, If force account work gill be performed,a finding of cost
effectiveness shall be made in compliance with 2.3 CFR Si)bpart 635,D,
APA-A,fA—TAP Flage fi of 14 Revised 2016-13,3-Z3
CSJ:0903-03-112
O stdCt#:0-1-Withita Falls
Code Chart 644,50241
Project,TAP.Mike and Bike,Trail
Federal Highway Adrnirilstrafion
7,FDA TiVe:Highway Planning and Construction
C5-DA#-20.2,05
flat Research and'Development
-10.6 Any field changes,supplemental agreements,or revisions to the design plans that may occur after the
construction contract is awarded will be mutually agreed to by,State and Local overnment prior to
authorizing the contractor to perform the wort_Priar to completion of Project,the,party responsible for
construction will notify the other party to this Agreement of the anticipated completion date-All parties
will be afforded the opportunity to assist in the final review of the construction services performed by the
contractor.
It, Project Maintertarice
11-1. Upon completion of Project,Local errim,ent will be responsible for maintaining the completed facility
for public use.The property shall be maintained and,operated for the purpose for wbicb it was apprtrva�d
and funded for a period of time commensurate with the federal investment or$tate rules,whichever is
greater.Should Locall Government,at any time after Project completion decide It can no longer maintain
and operate Project for Its intended purpose,Local Gowern ment shall consult with State and the FHWA as
to the disposal or alternate uses,consistent with Projects origInal'intent,State may require Local
Government to return the fed-era I fur in accorda nce with 2 CFR Part 2tt0 federal recapture
rep uirements.Should Local Government consider conveying the property,State and FHWA must be
notified prior to the sale,transfer,or disposal of any property that received federal funds-Written
concurrence of approval fbrthR transaction,detailing any required recapture,must be obtained from
FHWA,prior to the transaction.Advance notice from Local Government of their intended action must be
submitted to State for an FHWA review a mininium of 90 days prior to any action being taken by Local
Government,Local Government shall be held responsible for reimbursement of all federal funds used or
a portion of those funds based on a pro-rata amount,Considering the Original percentage of federal funds
provided antl the time elapsed from Project completion date-This sarne percentage of reimbursement
also applies to any amount of profit that rn,ay be derived from the conveyance of the property,as
applicable,
1.1-2. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the
name of Local Government.State shall not be responsible for honoring any warranties under this
Agreement.
U1 Should Local Government derive any income from the development and operation of Project,a portion
of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future
mairitienance.A project income report shall the submitted to State on,a quarterly basis, Monies set aside
according to this provision shall be expended using accounting ptceedures and with the property
management standards established in 2 CFR Part,20D-
11-4. $hriulclany historic properties tw-included in or affected by this federally funded Project,the historic
integrity of the property and any contributing features must continue to be preserved regardless of any
approved changes that ruay occur throughout the life of Proje ct,
It Local Project Scrunces and Uses of Fund�
12-1. A Project Budget Estimate and Source of Funds is provided as Attachment C,showing the total,estimated
development cost of Project,-This estimate shows the item lzecl cost of veal property,utilities,
environmental assessments,construction,acid other construction related costs.To be eAlgible for
reimbursement of as in-kiriti contribution-,costs must have been included in the nomination,form
approved,by the Texas Transportation Comn-assion or MPO in consultation with State-State and the
Federal Opvernment Will not reimburse Local Government for any work performed outside the
Performance Period,After federal funds have been obligated,State will send to Local Gove mrnervt a,copy
AFA-APA—TAP Page,7 of 14 Revised 2016-03.23
District#.10-5-WIChita FaRS
Code Cbart 64#-50,243
project:TAP�,Mike and alke Trail
federal Highway: drninistration
CFDA Title,Highwoy Marini nZ aind Construction
trDA 61,�0.21DS
Xot,Researc-h and,DFvelo pmen t
of tVie formal documentation showipf;the obligation of funds including federal award Inform,ation.Local
Gmvernme nt is responsible for 100 percent of the cost of any work performed under its direction or
control before the federal spending a utharityls forma By obligated,.,
12.2. If Local Government will perform any work under this Agreement for which reimbursement svill be
provided, -Iry,or through State,Local Government must con-apiete training in Local Government Procedures
Qualification for the Texas Department of Transportation before federal spending authority is obligated.
Training is complete when M least orre individual who is working actively and directly on Project
surcewully completes and receives acertificate For the,course.Local Govemment shall provide the
certificate of qualification to State.The individual who receives the training certificate may he an
em Ployee of Local Cove ro ment o r an employee of a firm that has been contracted by Local Gove irriment
to perform oversight of Project.State in its discretion m ay deny re Irn b urse ro ent if Local Government has
notclasignated a qualified individual to oversee Project.
12-1 The Project budget and,source offunds estimate based on the budget provided In the nomination farm is
included asAttacbment C,Attacbment C shows the percentage and estimated do[laramounts to be
contributed to Project by state and,local sources,as well as the rn"imum amount in federal
Transportation Afternative Program, funds assigned by the Commission or MPO in consultation with State
to Project,."This Agreement may be amended from time to time a s required to meet the funding
,co lmm itments Itia-sed on revislo ns to the Tran sporta tion Improvement Program,Federal Project
Authorization a no Agreement CIFIPAW1,or other federal docurn ents.
12.4. Local Govemrne nt will be responsible for all iron-federal participation costs associated with Project,
Including any overruns in excess of Projects estirnated budget and any operating or maintenance
expensts.
12.5. State will be responsible for securing the federai share offunding required for the development and
construction of Project,in,an amount not to exceed 80 percent of the actual cost of the work up to the
amount of funds approved for Project by the Texas Transpoirtal:ioo Conn m Ission or NAPO in consultation
with State.Federal funds will be reimbursed on a cost basis.Project costs Incurred prior to issuance of
the SLOA are not eligible for reimbursement,
12.6, Following execution of this Agreement,but pTlor to the performance of any plan review work by State,
Local Government will,pay to,State the amount specified in Attachment C for plan reviews Atleast 60
bays prior to the date set for receipt of the construction bids,Kcal Government shall remit[its remaining
local match as specified in Attachment C for State's estimated construction oversight and construction
1cost,
12.7. In the event State determines thiit additional funding is required by Local Government at any lime during
Project,,State will ri o tify Local Governm ent In writing.Local Government is responsible for the percentage,
of the authorized Project cost shown in Attachment C and'100 percent of any overruns above the
federally authorized amount. Local Government will make payment to State within,3D days from receipt
of State's written noulfication,
M& 'Whenever funds are paid by Local Govemment to State under this Agreement,Local Government will
remit a warrant made payable to the"Texas Department of Transportation."The warrant will be
deposited by State nd managed by State.Funds may only be a ppRed by State to Project.
12.9. Upon completion of Project,State will perform an audit of Project costs.Any funds due to Local
Goirernment,State,,or the Federal Government will be prom ptly paid by the owing party,.if after final
Profect accourning,any excess funds remain,those furios may be applied by State to Local Goveroment's
AFA-AFA-TAP Page 8 OF 14r Revised 2016-OS-28
c5t: 03-03-14 ;
District Wfi3- fiehtta Falts-
Coda chart 4a;50243
Project:'F P,,HMe and Bike Trail
Federal Highway Administration
cFDA title:Highway Pliannirtz And Construction
FDA,4 20,205
Not Research and Dovelrapment
Contractual obligations to State under another advance funding agreement with approval by appropriate:
personnel of Local Government,
1 ,1 . In the event Project is not completed,State roay seek reirnborsernerit from Local Government of the
expended federal funds, local Government will rernit the required funds to State within 60 days from
receipt of State's notification:
1 .11, If any e?xisting or futtare local ordinances„commissioners court orders,rules,policies,or other directives,
including but not limited to outdoor advertising billirt arils and storm water drainage facility
requirernenh's,are more restrictive than state or federal regulations,or if any other locally proposed
changes,including but not Idnited to plats or re-plats,result in increased costs,then any increased costs
associated with the ordinances or changes will be paid by tor-1 Government,The cost of providing right
of way acquiried by State:shall rrreair the total e pense-s in acquiring the property interests through
ne aohatirotis,including,but not limited to,expenses nalated to relocation,removal,and adjustment of
eliibio utilities.
12.1 .. The state auditor may conduct an audit or Jinvesti ation of any entity receiving funds from the state;;
directly under the Agreement or indirectly throe h a contract or subcontract under the Agreement.
Acceptance of funds directly under the Agreement or indirectly through a Contract or subcontract trailer
this Agreement acts as acceptance of the authority of the state auditor,under the direction of the
legislative audit committee,to conduct an audit or investitlation in connection with those funds. Arr entity'
that;is rho subject of an audit or investigation mast provide the state auditor with access to any
information the stag auditor considers relevant to the investigation or audit-
12.13. State will not pay interest on any funds provided by Local GQvernment,
1 .1 . State will not execute the contract for the construction of Project unfll the required funding has been
made available by Local Government in accordance with this;Agreernem.,,
45, Local Government is authorized to submit requests for reimbursement by submitting the original of an
i4ranrn2ed Invoice in a form and tontainlng,ail items required by State no more frequently than monthly, -
and no later than 90 days after costs are incurred.If Local Government submits Invoices rnore than 90
days after the,costs are incurred.,and,if federal funding is reduced as d result,Stateshall have no
responslWity to reirnlawse Local Government for those costs.
1 . b� if Wcai goverorneot,is an Economically Disadvantaged Country j" C" artil of State has approved:
adjustments to the standard finandri .arrangement,this age eerrrenf reflects those adjustments,
13. Notices
1 A. All notices to either party shell be delivered personally or sent by certified or U.S. mail, postage prepaid,
addressed to that party at the folltrWJng address:
(Local Government State
City Manager Director of Contract Services
City ol'rri"ichita Fulls 'Texas Lte°partment ofTr°ansportaGion
1300 "`St.reet 125 Fe 11"Street
'ixr"hr: in l alls,TX 76301 01 t4ustrn,TX 78701.2 433
AFA-AFA TAP Page 4 of 14 Revised�016.03-23
C51:6903-0�412
[)Istrict Ot:03-Wichita Falls
,ride Chart 154#-50243
Prof Kt;'TAP:H Me and(lIke TraH
Federal H lgbway Admin[stration
CFDA Title:Higbway Phan wing and'Cojistirmction
CFDA 4:20,205
Not Reseatch and Oevelopmeht
13.2- All notices shall be dee.fned given on the date delivered in person or deposited in the mail,unless
otherwise provided by this agreement. Either party may change the above address by sending writte
erotica of the change to the other party, Either party may request in writing,that notices shall be delivered
personally or by certified U S.mail,and that request Shall be carr W� out by the other party,
14. Legal Construction,
In case one or more of the pfuvisions contained in this Agreement shall for any reason be held invalid,illegal,or
unenforceable in any respect,su(h invalidity,illegality,or urienforcealcility Shall not affect-any other provisions
and this Agreement shall be construed a5 if it did not contain the invalid,illegal,crurrenforceable provision.
15. Responsibilities.of the Parties,
Neither party is an agent,servant,or employee of the,other party and each party is responsible for its individual
acts and deeds as well as the acts and needs of its contractors,enrployees, representatives,and agents.
16. Ownership of Docurn,ents
Upon comp4etion or termination of this Agreement,all documents prepared by State shall remain the pro,pertv
of State-All data prepared under this Agreement shall be made available to state without restriction or
limitation ore tfieir further use.All documents produced or approved,or otherwise created by Local Gavernment
shall be transmitted to State in the form of photocopy reproduction un a monthly basis,as required by State.The
od4inals shall remain the property of Local Government.
17. Docu meat and I nform,atiold Exchange
Local Governme nt agrees toelectr ally deliver to State all general notes,specifications contract provisio
n
rettoi rements,and related documentation in a Microsoft Word or similar forma-if rerrue5ted by Mate,Focal
Govern ent will use State's document template.Local Goverrmen t shall also provide adetafled construction
Vme estimate,Including types of activities and imonth in which the activity will be completed, In the format
required by State.This requiremenr applies whether Local Govern m ent creates the doturne nts with its own
forces or by hiring a consultant or professional provider.At the request of State,Local Government shall submit
any information required dy State in the form,at directed by State,
18. Compliance with Laws
The parties Shall comply with all federal,state,and local laws,statutes,ordinances,rules and regulations,and
the carders and decrees of any courts or administrative bodies or tribuna Is in any rnanner r affecting the
perfGrm ante df this agreement-When,required,Local Government shall furnish State with satisfactory proof of
this compliance.
19. S&1e Agreement
This Agreement constitutes'the sole and only agreement between the parties and supersedes any prior
understanoings or written or oral agreem-erns respecting the Agreement's Subject matter.
20. Cost Principles
in realer to be reimbursed with federal funds,the parties shall comply with the Cost Ptintipleg e5tairlished in
2 CFR Part 200 ti,*t specify that all reimbursed costs are allowable,reasonable:and allocable to,Project,
21. Procurement and Property Management Standard
AFA-AFA-TAP Rage 10 of 14 Revised 2011a4)3-23
CSr:0 -o -t12
+istrirt W 03-Wich0ta Falls
Code Ebert E4rr;50243
Project:TAP-.Hike arrd Bike Trail'
Federal Kighway Administtation
CFDA Title:ttlgFrway Plannift and Construction
Plot ftss arch arld D valop m nr.
The:parties shall adhere to the procurement standards established in 2 CFR Part 200 and with the property
Management standard established in 2 C1711 Part 2M
22 inspection of Rooks and Records'
The parties to this Agreement shall maintain all bQoks,documents,papers,accrtuntilig records,and other
docurnentation relating to costs incurred a derthis'Agreement and shall.make such materials available to State,
Local Government,and,iffederally funded,than FF VVA,arkd the VS,Office of the In—Spector i3eneral,ortheir duly
authorized representatives for review and inspection at its office during the Agreement period and for four
years fronn the date of completion of word defined tinder tfais Agreement or UnW any impending litigation or
tlairm are resolved,Additionally,Skate, Leal Government,and the FHWA and their duly auth0ri2ed
ropresentati+yes shall have ac cess to all The gQk,,ernrhPnLal re '.atdis that are directly applicable to this 4reement
for the purpose of making audits,examinations,excerpts,,and transcriptions;
21 Civil Rights Com,pll nce
Lobel(5ouernment shall,comply with the regulations of the Ll.S. Department of Transportation�'D ")as they
relate to nrnndiscrirninatior (49 CFR Fart 21 and 23 f-R Part 200),and Executive Order 11245 titled"Equal
Employment Opportunity,'as amended try Executive,Order 11375 and supplemented in Vip Department of
La bar Reg Wait ion s( ,t CFR f'ar°t gpl;
2 Disadvantaged Business Enterprise program Requirements
24a1 The parties Shall comply with the Disadvantaged Business Enterprise J"D E")Program requirements
established in 49 CFR Fart 26.
242. Local overnimarit shall adopt in its totality,:state"s federally approved DBE program.
2 ,3i- Local Government.shall set an appropriate DBE goal consistent with Skate's DRE guidelines and in
consideration of Leal market,project situ and nature of tfre goods or services to be,acquired.Local
overnrnentshall have final decislon-making authority regarding the DOE goal and shall be re.sp or'rsiblp
four ocurnentingw its actions:
24. 6 Local Gavernmeiit shall folto w all other parts>of Statu's DBE program referenced in TWOT primal 2 395,'
Memorandurn of Understanding;Regarding the Adoption of the Texans Department of Transportation's`;
Fed rally-Approved Disadvantaged Business Enterprise by Entity,and,attachments found at web address:
hktttlma lira. ii_ut atx t'.�. a . .raga Bxrlwp R ra law fart la rr�7f � Teor 3tt 1_c n nt,5 lilt
24® c Loca'I Gover ment strall not itiscrirnihate ors the oasis of race,color,nation aI ofigin, or sex in the award
anal perfor 'ante of arty 00T-assisted contract or is the adrni:nistraeion of its DBE program or the
requirements of 49 CFR Part'2Fa. Local vt-rnmerat shall take all necessary and reasonable steps under
Ott CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts,
5:tat 's DBE program,as requirea fay 49 CFR Rart 26 and as approved by DOT,is incorporatedby reference
in this Agreement. Implementation of this program is a legal obligation and failure to carry out its tram s
shall be.treated as a violation of this Agreemoro, Upon notification to toctal Government of its failure to
carry out,its approved program,State may impose sanctions as provided for under rtg CFR Part 26 artcf;
may,in appropriate case.,,refer than matterfor enforcement tinder Tg Under 1 1 and the Program Fraud
Cis il-Remedi s Act of 1986(3 1 lfSC§3901 et;seq.l
24.& Each contract Local Government signs with a contractor(and Path subcontract the prince contractor signs
with a subcontractor)must include the following assurance-
C'4: -112
Dist rict#-03-Mchita Falls
Code Chart 644:50243
Project;TAP:,H*e and Bike Trail
Federal Highway Adm inistratio n
UDA fltle Highway Planning and Construction
CFDA#-,M205
Not Research and I) lope
The contractor,sub-recidierit"Or Sub-contractor shall not discriminote on the basis of race,color,national
origin,or sex in the perform once of this contract. The contractor 5haflearry out applicable requirements
of 49 CPR Port 26 in time award and administration of DOT-assisted contracts.Failure by the controcriar to
47arfy out these requirements is a marerial breach as this agreeMent,WhiCh Y '-sVMinotion
rno re
sult in the t'-
of this agreement or such other remedy as the recipient deems appropriate.
25. Debarment Curtificaticins
The parties are prohibited from making any award at any tier to any party that is debarred or suspended or
othenvise excluded from or inefigible for participation In Federal Assistance Programs under Executive Order
12549,"Debarment and Suspension,"By executing this Agreement,Local Government certifies that It and its
'principals are not currently debarred,-suspended,,or otherwise excluded from or ineligible for participatiorl in
Federal Assistance Programs under Executive Order 12549,and further certifies that It will not do business with
any party,to include principals,that is currently debarred,suspended,or otherwise excluded frorn or ineligible
for participation in Federal Assistance Programs under Executive Order 1254cl.The parties to this Agreement
04111 require any party to a contract,subcontract,or purchase order awarded under,this Agreement to certify its
ellgibillity,to,receive federal funds and,when requested by State,to furnish copy of the certifiaatiGn,
26. Lia b "rag Ce rtffi c a ticin
it)executing this Agreement,each signatory certifies to the best of that signatory's knowledge and belief,that:
26.1. NG federal appropriated funds have,been paid or will be paid by or on behalf of the parties to any Pe
rson
for influendog or attempting to influence an officer or employee of any federal agency.,a Mr-mber of
Congress,an officer or employee of Congress,or an employee of a Member of Congress In connection
with the awarding of any federal contract,the,making of any federal grant,the making of any federal
loan,the entering into of any cooperative age"rn ent,and the extension,.continuation, renewal,
amendment,or modification of any federal contratt,grant,loan,gar cooperative agreement,,
26.2. if any funds other than federal appropriatedn paid or will paid t be o any per' n for
funds have
inf I uenc I ng or attern ptiog to influence an officer or em p lo yee of any age ncy,a Mern her of Cbrigress,an
officer or employee of Congress,or anernployee of'a Me.mber of Congress in connection with fed era I
contracts,grants,loans,or cooperativt agreernents,the signatory for Local Qovernrnent shall complete
and submit the federal Standard Form-LLI.,"Disclosure Form to Report Lobbying,"ire accordance with its
instructions.
26.1 The parties shall require that the language of this certification be included in the award documents fair ail
sub-awards at all tiers(including subcontracts,sub-grants,and contracts under grants,loans,and
cooperative agreements)and,all sub-tedprients shall certify and disclose accordingly.Submission of this
certification is a prerequisite imposed by 31 U5C§ 1352 for making or entering Into this transaction.Any
person who fails to file the required cer,tirication shall be subject to a civil penalty of not less than
$10,000 a nd not more tha n$100,COG for each such fa ilure
27. losticafice
27.1. Should this Agreement authorize Lacal 6overnment or its contractor to perforim any work an State right
of way,before,beginning work,the entity performing the work shall provide State with a fully executed
ropy of State's Form 1560 Certificate of Insurance verifying the existence of coverzkge in the amounts and
types specified on the Certificate of Insurance for all persons and entitles working on State right of viay..
This coverage-shall N maintained writil all work on Mate right of way is complete, If coverage is not
oe
AFA-AFA-TAP Page 12 of 14 Revised 201,6-0�-23
r_ : - -tt:
District it,03-Wichita Falls
Code Chart 640:502r43
Project;TAP-,tllka arall Bike Tram
FQderal Highway Ad rain is Italic n
;-FDA Title:HigFr aay Planning an4 CcnirsJrUcjiJon
Cf DA rr 20.205
Not Rprs arch and Development
r Aintained,all work on State right of way shall cease immediately,and State rrray recover damages and
all costs of completing the work.
. a For projects ir'fdWing buildings, Local Government agrees to insure the building accordm td Department
spe ification5 and further agrees to name the F dartal Government as a "Loss Payee" should the,building
be destr'tayed,
e Federal Funding Accountability and Transpa rency duct Requirements
, Any rec4iiertoffunds un der'this a reernent agreen to corn pl wi th the Federal Fund In AtcotlPta bill t°
and Transparency Act(W 7A")and implementing regulations at 2,CFR part 170, including Appendix A.
This agreement is subject to the followft award terms:
_sar`Pa W"FE: f°tU 2 J5ts d(and
ilit',dl�RL�Md"�Xa"'y 3`1,"20'_Ift'w ' -• r 12-4
2e Local Government agrees that it shall
a; 'Obtain and provide to State a Systern for Award Management(" ")nurntrer V ederal
Acquisition Regulation J'p .,)Sub art4,11)if this award provides more than 25,000 in
Federal funding,The SAM number may be obtained by visiting the SAM website whose address
isttl? a. ur seraa�p.tl? ic�drlrta ,R` ,atP
tl Obt lri aced[rrovide to State a Data Universal Numbering Sy Stern,(' ");Matto;,a unique
nitre-character nunn ber that allows the federal government to track the distributions of federal
;';coney,The DUNS;lumber may be requested free of charge for all businesses and entities
required tryd,o sera by visiting the heart&Bradstreet on-lino re rstraticn websit
C. R psirt the total compensation and'names of Its trap five executives to State if, ;
1, More than:80 percent of annual gross revenues are frorn the Federal government,and
those revenues are greater than..525,LIr ,000-1 and
e The compensation information is not alreadyi available through reporting to the US:.
Securities and Exchange,Commission,
'29. S]ng e Audit Report
wta The parties shall comply with the requirerneriu.i.of the Single Audit Act of 1984,F.L.98-5 2,eivsuririg that
tfre single audit report includes the coverage stipulated rn Ffl Part 7130,
29.2. rf threshold xpendlturoas of: '750,t=or rriore are ivet dunng the fisnal year,the faecal Ggve ar font rottlst'
submit a Single Audit Report and fanagement Letter(if appllcabi )to TxDOt's.Audit Office„125 Fast
.11th Street,Austin,TX 7 701 or contact TxDDT'x Audit Office at htt,�;r..ti.tr
�rira+l°s trir: i! Isl`r il,trr,C LrtrT i if expenditures are less than the threshold during Local Govern entas
fiscal year,Local Cia.v^rnment most skibrtlit a staternent to TxDO' "s Audit Office as.follows,.
We did not meet the expenditare threshold and therefore,are not required to have d single
audit pe4karrme-d for Ff'
-1 For each yea Project remains open for federal funding expenditures, Loc'raI Government wwili be
responsible For h1ing a report or stater'nent as descrieed above,The required annual filing shallextend
AF -AFaa TAR Page 13 of 14 Revised 2015-03-23
csk 090-08-112
Code Chart,64#:W,24�1
Projm, .TAP:W4(e aria Elfke Trail
Federal Rjghway Admink5tradon
CFDA Title;HkgIhvoaVPlanning and Construction
CFDA#:20.205
Not Research and Development
thruughDut the life of the agreement,unless atherwIse arended or Project has been formally closed out
and,no charges have,been incurred within the current fiscal year.
30. Signatory Warranty
Eacb signatory warrants that the Ognato,ry has necessary authority to ex elite this agreement on behalf of the
entity represented.
Each party is signing this ag mere ent on the date stated op site that patty's signature,
City of Wichita Falls
Date, By-.
Darf on teiker
City Manager
THE STATE OF TDCAS
Date: BY,
Kenneth Stewart
Director of Contract Services
Texas Departmentof TranspartatWn
AFA-AFA—TAP Pogo 14 of 14 Reviseo
CSJ;0903-03-112
District#:03-VUldtita Falls
Code, :hart 6-4#;50243
Project:TAP,Hike and BiksTcafl
Federal Highway Admin4tratiolt
CFDA Tkl,@,Highway MannIng avid Construction
CFDA#'.20.20�i
Not,ResearC�arid,Development
ATTACHMENT A
RESOD OF:LOCAL GOVERN M ENT
AFA-AFA—TAP Page I of I Attach men t.A
rr-59. 0 -03-112
District :03- irhita Fall
CDda chart #f 50243
Project:TAP Hlke and Wike Trail
Fei�ara8 HaghwayAdmirisjratmn
CFCjA Fftje°Highway Plannimg arts O"struction
CFDA 20,205
Not Reseatch and Development
ATTACHMENT B
PROJECT LOCATION '
.r
y.:
4a�
4 F
y y
1
t
r
1 u k
I�
$J
s
AFC-AFr TAP pegs 1 of I, Attachmenr,
g000ao 12
In lfl� VII Af)� 4ro- u
cu
U
44
U
AL
C,
sv
4L m m
m
it! rm
m
46 LL
lag
D w
LL.
0 CL
4
CL
O,C cc
Ln
GO
Uil
Val
U
un. in vlv V1. 10, IC41
W4
ui
m C, 2E 46
u
ok > !�g aj
I to
z
C, w 2 :E
c
u.,
m R6
1,76
I
cc
>
w Ltj
18 8 ass a 5A a iov 8
A 271 9 4
29, 't� 4-4 rn Lq vr a
fN
Af�- V)-
h
vl�
E m
Lp 6
2 jL
J.. It
NA Q �D CD Q Q Q
tm VII,
A4 oft M
9
lU vv
UL
go *tt I,, M ui m ko C:
cc! rl un m Q"
fl;
fm in 'n,
fe
3
49 1�
Vol Ln m
C-4 t-I qLD r, aN 0
tn C6
V1.
20.
P
a aiLn
-ma
ED
;t
4V
m m
u 131
— U - = — jD c
< z
' = to
- -
4; g ti :LA
Li LL