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Res 049-2009 3/17/2009 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR ENGINEERING SERVICES TO COMPLETE DESIGN OF THE TRAIL EXTENSION FROM HAMILTON PARK TO SCOTT STREET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichtia Falls was notified that the trail extension project from Hamilton Park to Scott Street qualified for funding from the American Recovery and Reinvestment Act; and WHEREAS, it is advantageous to complete design of the project to ensure full allocation of awarded funds. WHEREAS, City staff and the Texas Department Of Transportation (TxDOT) agreed to utilize the services of Kimley-Horn to provide the design services within the allocated timeframe: and WHEREAS, an advanced funding agreement in the amount of $255,586.45 befinreen the City of Wichita Falls and TxDOT is required to reimburse TXDOT for Kimley-Horn's design fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Manager is authorized to approve the advanced funding agreement with TxDOT. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 17 day of March, 2009. MAYOR ATTEST: � i Clerk Texas Department of Tran��portation 1601 Southwest Parkway ♦ Wichita Falls, TX 76302-4906 ♦(940)720-7700 April 10, 2009 CSJ: 0903-03-093 Hwy: VA County: Wichita Limits: Hamilton Park to Scott Street Type of Work: Hike and Bike Trail — Phase 3 Mr. Matt Benoit Assistant City Manager City of Wichita Falis 1300 7 Street Wichita Falls, TX 76301 Re: Advanced Funding Agreement Dear Mr. Benoit: Attached is an executed copy of the advance funding agreement for the above mentioned project for your records. If you have any questions, please contact Tammy Marlow at (940)720-7741. Sincerely, � � �� niel E. own, P.E. Director of Transportation, Planning and Development Attachment cc: James Kelley, P.E., Wichita Falls Area Engineer, TxDOT � ' ��cIV�� li� ClTY CLL��C`� C�FF6CE � Dat� � � _ � �'� �� An Equa/ OpporYunity Employer CSJ 0903-03-093 • ' . ' � ' District # Wichita Falls , � • Code Chart 64 46050 � . � Project: C 903-3-93 CFDA # 20.205 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Hike and Bike Trail — Phase 3 THIS Local 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 Falls, 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, WHEREAS, the Texas Transportation Commission passed Minute Order 110685 that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated L'�,�,E��"/�.�"�i'� , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall 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 Local Government will participate in the cost of consultinq services of Kimlev-Horn and Associates, Inc. on Work Authorization No. 1 for the completion of plans, specifications and estimate (PS&E) on the Hike and Bike Trail — Phase 3 in Wichita Falls, CSJ 0903-03-093. The Local Government will not participate in the construction costs of this proiect. This proiect is part of the American Recoverv and Reinvestment Act within the Metropolitan Planninq Orqanization. The Local Government's cost for the Work Authorization is $255,586.45. AFA-LPAFA_ShortGen.doc Page 1 of 7 Revised 02/02/2009 . CSJ 0903-03-093 . � � � • District # Wichita Falls � , Code Chart 64 46050 . ' Project: C 903-3-93 CFDA # 20.205 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the 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. 7. Environmental 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 Engineering 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 fully 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 Cost 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 dollar 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 project cost overruns, unless otherwise provided for in this Agreement or through amendment of this agreement. d. Prior to the perFormance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior 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 that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local 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 "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an AFA-LPAFA_ShortGen.doc Page 2 of 7 Revised 02/02/2009 CSJ 0903-03-093 ' , � � � District # Wichita Falls , � � Code Chart 64 46050 ' . ' Project: C 903-3-93 CFDA # 20.205 escrow account to be 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 Government's contractual obligations to the State under another advance funding agreement. g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage 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 local government. 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. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract 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. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 13. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft0 Word or similar document. If requested by the State, the Local Government will 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 forces or by hir'ing 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 the State. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on 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 the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. 17. Debarment Certification. The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal AFA-LPAFA_ShortGen.doc Page 3 of 7 Revised 02/02/2009 CSJ 0903-03-093 • � � . ' ' District # Wichita Falis � � � Code Chart 64 46050 � • � Project: C 903-3-93 CFDA # 20.205 Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the [Contractor, Local Government, Engineer, or whatever] certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any 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 furnish a copy of the certification. IN TESTIMONY HEREOF, the parties hereto have aused these presents to be executed in duplicate counterparts. THE LOCAL GO ERN NT By: - (Sign e) Title: / ��, �H�y� Date: _ Z S/ ��, 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 ap ved and authorized b the Texas Transportation Commission. By: - . nice Mu leni Director of Contract Services Texas Department of Transportation Date: ,� � t7C, AFA-LPAFA_ShortGen.doc Page 4 of 7 Revised 02/02/2009 • ' •� ' • �� f i /~ �� . • �� /'�� ✓�� 1 � RESOLUTION NO. - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR ENGINEERING SERVICES TO COMPLETE DESIGN OF THE TRAIL EXTENSION FROM HAMILTON PARK TO SCOTT STREET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichtia Falls was notified that the trail extension project from Hamilton Park to Scott Street qualified for funding from the American Recovery _ and Reinvestment Act; and WHEREAS, it is advantageous to complete design of the project to ensure full allocation of awarded funds. WHEREAS, City staff and the Texas Department Of Transportation (TxDOT) agreed to utilize the services of Kimley-Horn to provide the design services within the allocated timeframe: and WHEREAS, an advanced funding agreement in fihe amount of $255,586.45 between the City of Wichita Falls and TxDOT is required to reimburse TXDOT for Kimley-Horn's design fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Manager is authorized to approve the advanced funding agreement with TxDOT. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 17 day of March, 2009. MAYOR ATTEST: ;,,� ` r � � J i Clerk �',4�� F � . „ , , . CSJ 0903-03-093 �� ' District # Wichita Falls � . . ' � Code Chart 64 46050 � Project: C 903-3-93 CFDA # 20.205 ATTACHMENT B Project Location Map �:i�� C_� 6� W n --� i <� � Q__ C-� � � f`� �] C-� � L�J' � , .,.,.,;•. . � .� L - - � „4.. , // � '� .. �.._ ♦.1_.,.. ........ .. .. ., ....� � +r- -F '___' '_—_ � � � C . .. � - , �" u � _'j "_____ f .__�C � __�-� �-- � � h � I � ; � _ : '�.,. -_ i i �-, � e:�� _ L i ---'/� �?� = � � i J � � / i � � �\ '_I. . .� �- -!, � ._ _.. . . F .._...._. I . , . � : / �::-�� j \llf�� J; � . - � \ . ..� . � � T .� .., - - � � / , � L �_ _' _ _ � , N �c� �� r _ � ��L. � _...�� i -- — .._..._ _. ..._ ... I .." �i �� % \ s � ' � ,_= ---_�_-� i r_ � t ; . .� _ �. ._ . �_^ , ' l.J ,,;� "_� -� �;' T �.� ;,, ,- , , � '��I }� "' ,) ... � '� 7 . s ' r. ` _ i f , � J :i � . '�'. " \ rr -ix' - J � -� t G _ � - r # — , I � � AV ' 1 w , ; � � �� '"r $�{�' � ' E 1 � {—'�-� �� " 711: t �� 1 " / A � -1 I � � . i � _ .._ , f� z • , ' t ,� ��T!( � � :�. .. fi � ' � � �� k . . - .-� . } � r �� J ; ; ; }1 r ..�� .� = � ^.._ � v\ /'� � -`-{ �J M .. .. I 1 I � - C— . _ .' u K , h� ,� ;�, .. 4 , � � ` � � � � n. •}, �. . �% � ` i � h i � .- Y� � j ._, ,� I �:" �� ) ' 71) '�", . � �- < r -< �� •� . � � _.� . y �. ,� . . .�-.-- �-t.��r_ �'� �� G � � � `� � —�� a . : � . ,..�: r � �.. � �� 8 � 4 � ,� — . - i� j i �.f�.f-� ��!�,- -j��r-l-�i-- �- � ��.��. �``' Li '��' l t - .. h l� I 1 � 3 r t - a � �� ,�' . ...,., � . �;: :. g i} r n � - � � � r 1�. I� � r' ,\,. i�- �{ i � ; _� .�` ��J�4 �[ � � . -, � F �� . _ � � g \ 'T i � � � . t �-�-i . �� „} , � ! ) �� . L, ' :-��\ l� , �,; - - %I 1 «. .z�_ .,..,,,��-{� , - � �z�. � % �" , - - - � ��`; � U � i (� � - r � � � . �. i �' . _\ f `�'i �. � � ` �, ,K� �•. �° � � '��,� ,r �.�G r � _ . � � 1 � I ��\ � %\�\ �: . r f _ � 1 _ 1 '� - �� 7 ` , - �\ � j , r 1 \ \ .> � , � � _ � �� `�; : :_ . � �_ ..� .. . � . _. . t� ,� , � � � - I `� T ».._ � -�� J . I C _ ��?\ ., F TI-�i' � "I' I � ' . �7 � L. 4 _ i �- �� _ \ �-�,--{ � ��`,� .. __::i %__ , ` � )�:1,�'�� ' 4 �,>., �I �11 �� r :F J >. i _ �-- L� W V7 � l.5 � C� C� � i f l_ �Y � �G �� i � �f�� C� �.� ��I c5� _ �> , AFA-LPAFA_ShortGen.doc Page 6 of 7 Revised 02/02/2009 ., - _ a ,.. : . CSJ 0903-03-093 ' District # Wichita Falls ' � • ' Code Chart 64 46050 � Project: C 903-3-93 CFDA # 20.205 ATTACHMENT C Project Budget Estimate and Source of Funds The Local Government will participate in the cost of consulting services of Kimley-Horn and Associates, Inc. on Work Authorization No. 1 for the completion of plans, specifications and estimate (PS&E) on the Hike and Bike Trail — Phase 3 in Wichita Falls, CSJ 0903-03-093. The Local Government will not participate in the construction costs of this project. This project is part of the American Recovery and Reinvestment Act within the Metropolitan Planning Organization. The Local Government's cost for the Work Authorization is $255,586.45. This Work Authorization is a lump sum payment and termination date is September 1, 2009. There will not be any other cost to the Local Government without a supplemental to this agreement and Work Authorization. The State has estimated the project to be as follows: Total Description Estimate Federal State Local Cost Participation Participation Participation % Cost % Cost % Cost ✓ ' ' . ` CONSTRUCTION COSTS' Construction of Hike and $2,900,000.0 100% $2,900,000.00 0% $ 0.00 0% $0.00 Bike Trail Subtotal $2,900,000.00 $2,900,000.0 ' $0.00 $0.00 Work Authorization No. 1 $255,586.45 0% $0.0 0% $ 0.00 100% $255,586.45 for Kimley-Horn and Associates, Inc. to complete PS&E for Hike and �Bike Trail — Phase 3 in Wichita Falls TOTAL $3,155,586.45 $2,900,000.00 $0.00 $255,586.45 Local Government's Participation for Strategy 111 (Consultant Engineering Services) _$255.586.45 This amount will be due to the Texas Department of Transportation by March 31, 2009. AFA-LPAFA_ShortGen.doc Page 7 of 7 Revised 02/02/2009