Res 083-2009 6/16/2009 t �
RESOLUTION NO. �
Resolution Approving An Advance Funding Agreement Between The
City Of Wichita Falls And The Texas Department Of Transportation
For The Hike and Bike Trail Expansion Project Between Scott Street
And Hamilton Park in the amount of $3,282,318
WHEREAS, the Texas Department of Transportation selected the City of Wichita
Falls to receive American Recovery and Reinvestment Act (ARRA) funds in the amount
of $3,282,318 for a trail extension project from Scott Street to Hamilton Park; and
WHEREAS, the attached agreement between the City of Wichita Falls and the
TxDOT requires the City to pay Engineering and Consultant fees estimated at 7% of the
project cost, the difference between the ARRA allocation and actual bid costs, and the
cost of all change orders.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The attached Advance Funding Agreement with the Texas Department of
Transportation For The Hike and Bike Trail Expansion Project Between Scott Street And
Hamilton Park is hereby approved, and the City Manager is authorized to execute said
agreement and other documents necessary to receive and administer the funds
distributed therein.
PASSED AND APPROVED this the 16 day of June, 2009.
MAYOR
ATTEST:
r, �
�
'ty Clerk
_ � CSJ 0903-03-093
District # Wichita Fall�
Code Chart 64 46050
Project: STP 20Q9(721)ES
CFDA # 20.205
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For a Hike and Bike Trail — Phase 3 Project
(Off State System)
THlS Locai Project Advance Funding Agreement (LPAFA) is made by and between the State of
Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State",
and the Citv of Wichita Falts, acting by and through its duly authorized officials, hereinafter called
the "Local Government."
WITNESSETH
WHEREAS, a Master Agreement between the Local Government and the State has been adopted
and states the general terms and conditions for transportation projects developed through this
LPAFA; and,
WMEREAS, the Texas Transportation Commission passed Minute Order 191734 and 111552 that
provides for the development of, and funding for, the project described herein; and,
WHEREAS, the Goveming Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance dated , which is attached hereto and made a part
hereof as Attachment A for development of the specific project which is ident�ed in the location map
shown as Attachment B.
NOW, THEREFdRE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set torth, it is
agreed as follows:
AGREEMENT
1. The period of fhis LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement,
without exception.
3. Amendments to this LPA�A shal( be made as described in the Master Agreement, without
exception.
4. Scope of Work.
The scope of work for this LPAFA is described as the Hike and Bike Trail — Phase 3 from
Hamilton Park to Scott Street in Wichita Falls. for CSJ 0903-03-093 wilt be tet as an
American Reinvestment and Recoverv Act tARRA1 proiect
5. Right of Way and Real Property shall be the responsibiliry of the Local Government, as stated in
ihe Master Agreement, without exception.
6. Adjustment of utilities will be provided by the Local Government as required and as stated in the
Master Agreement without exception.
AFA—LPAFA_OffSys Page 1 of 8 Revised 05/19/2009
CSJ 0903-03-093
District # Wichita Falis
Code Chart 64 46050
Project: STP 20091T21)ES
CFDA # 20.205
7. Environmenfal Assessment and Mitigation will be carried out as stated in the Master Agreement,
without exception.
8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception.
9. Architectural and Engineenng Services will be provided by the State, as stated in the Master
Agreement, without exception. The State is responsible for performance of any required
architectural or preliminary engineering work. The Local Government may review and comment
on the work as required to accomplish the public purposes of the Local Government. The State
will cooperate ful{y with the Local Government in accomplishing these local public purposes to the
degree permitted by State and Federal law.
10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement,
without exception.
11. Project Maintenance will be undertaken as provided for in the Master Agreement, without
exception.
12. Local Project Sources and Uses of Funds
a. Project Cosf Estimate: A Project Cost Estimate is provided in Attachment C. The State and
the Federal Government will not reimburse the Local Government for any work performed
before the issuance of a formal Letter of Authority by the Federal Highway Administration.
The Local Government is responsible for 100% of the cost of any work performed under its
direction or control before the federal Letter of Authority is formally issued.
b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and absolute dallar amount to be contributed to the project by federal, state, and
local sources.
c. The Local Government is responsible for all non-federal and non-state funding, including all
projec# cost overruns, unless provided for through amendment of this agreement.
d. Prior to the performance of any engineering review work by the State, the Local Government
will pay to the State the amount specified in Attachment C. A1 a minimum, this amount shall
equal the Local Government's funding share for the estimated cost of preliminary engineering
for the project. At least sixty (60) cfays pnor to the date set for receipt of the construction bids,
the Local Government shall remit its remaining financial share for the State's estimated
construction oversight and construction costs.
e. In the event #hat the State determines that additional funding by the Local Govemment is
required at any time during the Project, the State will notify the Local Government in writing.
The Locai Government shall make payment to the State within thirty (30) days from receipt of
the State's written notification.
f. 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 "7exas Department of
Transportation Trust Fund." The check or warrant shall be deposited by the State in an
escrow account to �e managed by the State. Funds in the escrow account may only be
applied by the State to the Project. If, after final Project accounting, excess funds remain in
the escrow account, those funds may be applied by the State to the Local GovemmenYs
contractual obligations to the State under another advance funding agreement.
g. If any existing or future local ordinances, commissioners cou�t orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
AFA—LPAFA_OffSys Page 2 of 8 Revised 05/19/2�09
CSJ 0903�03-093
District # Wichita Falls
Code Chart 64 46050
Project_ STP 2009f721)ES
CFDA # 20.205
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or replats, result in increased costs,
then any increased costs associated with the ordinances or changes will be paid by the Iocal
govemment. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities.
h. In the event of an overrun of construction costs or change orders during the construction of
this project amounts will be covered to the extent possible with available ARRA tunds. The
Local Government will be responsible for 100°!0 of the costs not covered with ARRA funds.
i. The state auditor may conduct an audit or investigation of any entiry receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
j. Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of #he authoriry of the state audito�, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigafion must provide the state auditor w+th
access to any information the state auditor considers relevani to the investigafion or audit.
k. In accordance with Section 902 of the American Recovery and Reinvestment Act of 2d09
(ARRA), should this agreement involve the expenditure of ARRA funds, then the U.S.
Comptroller General and its representatives shall have the authoriry to:
a. examine any records of the contractor or any of its subcontractors, or any State or local
agency administering such contract, that directly pertain to, and involve transactions
relating to the contract or subcontract; and
b. interview any officer or employee of the contractor or any of its subcontractors, or any State
or local agency administering the contract regarding such contracts.
Nothing in the section previously menfioned shall be interpreted to limit or restrict in any way
the existing authority of the Comptroller General.
In accordance with Section 1515(a) of the ARRA, with respect to each confract or grant
awarded using covered funds, any representative oi an appropriate inspector general
appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is
autharized:
a. to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to
and invalve transactions relating to the contract, subcontract, grant, or subgrant; and
b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency
regarding such transactions.
Section 1515(b) furthe� provides that nothing in the section previously mentioned shall be
interpreted to limit or restrict in any way the existing authoriry of an inspector general.
The ARRA requires that the Contractor report monthly employment information for its firm as
well as that of al1 of its subcontractors. The Contractor, similarly, shall include this reporting
tequirement in all of ita subcontracts. Failing to include the requirement in agreements with
subcontractors can serve as grounds for contract termination.
AFA—LPAFA_OffSys Page 3 of 8 Revised 05/19/2009
CSJ 0903-03-093
District # Wichita Falls
Code Chart 64 46050
P�oject: STP 2009(7291ES
CFDA # 20.205
FoRn FHWA-1589, Monthlv Employment Report, promulgated by the Federal Highway
Administratian (FHWA), captures the necessary monthly employment information and shall be
submitted by the Contractor on a regular basis to the LG (Local Government). It is the
responsibility of the LG to obtain this form from the prime Contractor and any subcontractors
and, the LG shall verPfy the accuracy, completeness, and reasonableness of the data
contained in the form, The LG shall ensure that this form is submitted by fhe LG to the State
according to the policies and at the direction of ihe State.
ln order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to
the State all information requested by the State, including data or information in possession of
contractors and subcontractors for completing other necessary reporting forms, and the
information shall be submitted in the manner required and according to afl due dates as set by
the State.
Furthermore, fhe ARRA rnandates that the U.S. Comptroller General's Office shall have
authority to examine the records of the contractor, subcontractor, or local agency relating to
the project at any time.
13. Document and lnfotmation Exchange. The Local Government agrees to electronically deliver to
the State all general notes, specifications, contract provision requirements and related
documentation in a Microsoft� Word or similar document. If requested by the State, the Local
Gov�ernment wifl use the State's document template. The Local Government shall also provide a
detailed construction time estimate including types of activities and month in the format required
by the State. This requirement applies whether the Local Government creates the documents
with its own fbrces or by hiring a consultant or professional provider. At the request of the State,
the Local Government shall submit any information required by the State in the format directed by
ihe State.
14. Incorporation of Master Agreement Provisions. This LPA�A incorporates all of the governing
provisions of the Master Advance Funding Agreement (MAFA) in effect an the date of final
execution of this LPAFA, unless such MAFA provision is specifically excepted herein.
15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any
work on State right of way, before beginning work the entity performing the work shall provide the
State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the
existence of coverage in fhe amounts and types specified on the Certificate of Insurance for a!I
persons and entities working on State right of way. This coverage shall be maintained untii all
work on the Sfate right of way is complefe. If coverage is not maintained. all work on State right
of way shall cease immediately, and the State may recover damages and all cos#s of complating
the work.
16. Debarment Cert�cation. The paRies are prohibited from making any award at any tier to any party
that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing
this agreement, the [Contractor, Local Govemment, Engineer, or whatever] certifies that it is not
currently debarred, suspended, or otherwise excluded from or ineligible for participafion in Federal
Assistance Programs under Executive Order 12549. The parties to this contract shal! require any
AFA—LPAFA_OffSys Page 4 of 8 Revised 05/19l2009
. CSJ 0903-03-093
District # Wichita Falts
Code Chart 64 46050
Project: STP 200917211ES
CFDA # 20.205
party to a subcontract or purchase order awarded under this contract to certify its eligibility to
receive Federal funds and, when requested by the State, to fumish a copy of the certification.
17. Signatory Warranty. The signatories io this agreement warrant that each has the authoriry to enter
into this agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parfies hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
By:
(Signature)
Title:
Date:
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
By:
Janice Mullenix
Director of Contract Services
Texas Department of Transportation
Date:
AFA—LPAFA_OffSys Page 5 of 8 Revised 05/19/2009
CSJ 0803-03-093
District # Wichita Falls
Code Chart 64 46050
Project: STP 2009(721)ES
CFDA # 20.205
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING TH1S LPAFA
AFA—LPAFA_OffSys Page 6 of 8 Revised 05/19/2009
S
� CSJ 0903-03-083
District # Wlchita Falis
Code Chart 64 48050
Project: _ STP 20091721}ES ,
CFDA # 20.205
ATTACHMENT B
PROJECT LOCATION MAP
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AFA—LPAFA_OffSys Page 7 of 8 Revised 0 5/1 912 0 0 9
�
CSJ 0903-03-093
Districf # Wichita Falls '
Code Chart 64 46050
Project: STP 2009f7211ES
C�DA # 20.2d5
ATTACHMENT C
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNOS
Descripfion Total Federal State Local
, Estimate Participation Participation Participatfon
_ Cost
?00% EDC Prior to EDC Actual
Adjustment EDC Adjustment Participation
61.5°i6 (+ 20%) 61.5% -
Land {no cash contribution) — � _`
— -_ - — 1 —._
Utilities (no cash contribution) — —
..___ _ _
Environmental {no cash coniribution) �� —
- _ - 0
Preliminary E�gineering 0 $0.00 0 0 0
Construction 3,282,319 3,282,319 0 0 p p
SUBTOT 3,282,319 3,282,319 0 0 0 p
Direct State Costs (inGuding plan 229,762 i 0 0 0 0 229,762
review, inspection and oversight)
Engineering & Cpntingencies
esfimated at 7% o/ Construc6 co •ts
Indirect Sta1e Costs (no local p Q - Q p - � -- 0
participation required except for
service ro ects
3,512,081 3,282 319 0 0 0
TOTAL � 229,TB2
Fics1 Paymer�l dr�e p»pr to PS&E �y -- - `. �� :`229,762
5fafe wq _ • ,
S�cqnd payment due.60 days prror EO WA . a
t_ 9. c'o'e ctletting: ' _
Total participation required from the local government =��762.00. This is an estimate only, final pa�ticipat;on
amounts will be based on actuaf charges to the project.
AFA--LPAFA_OffSys Page 8 of 8 Revised 05/19/2009