Res 162-2005 12/6/2005 RESOLUTION NO. (La-aW6-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, TO APPROVE MASTER AGREEMENT AND
ADVANCED FUNDING AGREEMENTS FOR THE CONSTRUCTION OF
NORTHBOUND AND SOUTHBOUND BRIDGES ON MAPLEWOOD;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the Texas Department of Transportation is proposing to replace the
existing bridges on Maplewood; and
WHEREAS, the City is required to participate by matching ten percent of the
engineering and construction of this project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The Master Agreement and Advanced Funding Agreement is
accepted and the City Manager is hereby authorized to execute said agreement with
the Texas Department of Transportation.
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 6th day of December, 2005.
Cu� <-_1
MAYOR
ATTEST: (((JJJ
ity Clerk
Texas Department of Transportation
1601 Southwest Parkway ♦ Wichita Falls, TX 76302-4906 ♦ (940)720-7700
February 16, 2006
CSJ: 0903-03-083 CSJ: 0903-03-084
County: Wichita County: Wichita
Highway: CS Highway: CS
Limits: On Maplewood Avenue Limits: On Maplewood Avenue
Southbound at Drainage Ditch Northbound at Drainage Ditch
Mr. Darron Leiker
City Manager
City of Wichita Falls
PO Box 1431
Wichita Falls, TX 76307
Dear Mr. Leiker:
Attached is your copy of the Master Advance Funding Agreement and the Local Project
Advance Funding Agreements for the Maplewood Bridges listed above for your records.
If you have any questions, please contact me at (940)720-7740 or Tammy Marlow at
(940)720-7741.
Sincer
Daniel E. Brown, P.E.
Director of Transportation Planning
and Development
Attachments
cc: James Kelley, P.E., Wichita Falls Area Engineer, TxDOT, Wichita Falls District
An Equal Opportunity Employer
• ' ,MasrerAdvance Funding Agreement
STATE OF TEXAS §
COUNTY OF TRAVIS §
MASTER AGREEMENT
GOVERNING
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENTS
THIS MASTER AGREEMENT (MAFA) is made by and between the State of Texas, acting by and
through the Texas Department of Transportation hereinafter called the "State", and the City of
Wichita Falls, acting by and through its duly authorized officials, hereinafter called the "Local
Government."
WITNESSETH
WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the
Transportation Equity Act for the 21st Century (TEA-21) codified under Title 23 U.S.C. Section 101 et
seq., authorize transportation programs to meet the challenges of protecting and enhancing
communities and the natural environment and advancing the nation's economic growth and
competitiveness; and
WHEREAS, ISTEA and TEA-21 establish federally funded programs for transportation improvements
to implement its public purposes; and
WHEREAS, Title 23 U.S.C. Section 134 requires that Metropolitan Planning Organizations and the
States' Transportation Agencies to develop transportation plans and programs for urbanized areas of
the State; and
WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State
shall design, construct and operate a system of highways in cooperation with local governments; and
WHEREAS, federal and state laws require local governments to meet certain contract standards
relating to the management and administration of State and federal funds; and
WHEREAS, the governing terms of this Master Agreement will provide for efficient and effective
contract administration of the types of Local Project Advance Funding Agreements (LPAFA) listed in
Attachment A; and,
WHEREAS, the Texas Government Code, Section 441.189 allows any state record to be created or
stored electronically in accordance with standards and procedures adopted as administrative rules of
i
the Texas State Library and Archives Commission; and
WHEREAS, the Governing Body of the Local Government has approved entering into this Master
Agreement by resolution or ordinance, which is attached hereto and made a part of this Master
Agreement 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. Period of the Agreements
This Master Agreement and the Local Project Advance Funding Agreements (LPAFAs) subject to
this Master Agreement become effective when signed by the last party whose signing makes the
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'.Master Advance Funding Agreement
respective agreements fully executed. This Master Agreement shall remain in effect until
terminated as provided in Article 2.
2. Termination of this Master Agreement
This agreement may be terminated by any of the following conditions:
a. by mutual written consent and agreement of all parties.
b. by any party with 90 days written notice. If this Master Agreement is terminated under this
clause, all existing, fully executed LPAFAs made under this Master Agreement shall
automatically incorporate all the provisions of this Master Agreement.
c. by either party, upon the failure of the other party to fulfill the obligations as set forth in this
Master Agreement.
3. Termination of the Local Project Advance Funding Agreement (LPAFA)
An LPAFA shall remain in effect until the project is completed and accepted by all parties, unless:
a. the agreement is terminated in writing with the mutual consent of the parties, or;
b. because of a breach of this Master Agreement or a breach of the Local Project Advance
Funding Agreement. Any cost incurred due to a breach of contract shall be paid by the
breaching party.
c. After the PS&E the local government may elect not to provide the funding and the project does
not proceed because of insufficient funds; the local government agrees to reimburse the State
for its reasonable actual costs incurred during the project.
d. Conditions for termination as specified in the LPAFA are fulfilled.
4. Amendments
a. Amendment of this Master Agreement by Notice with Mutual Consent: The State may
notify the Local Government of changes in this Master Agreement resulting from changes
in federal or state laws or rules or regulations and these changes in the Master Agreement
shall be incorporated into this agreement unless the State is notified by the Local
Government within 60 days. From time to time, the State may issue numbered
restatements of this MAFA to wholly reflect its amendments.
b. This Master Agreement may be amended due to changes in the agreement or the
responsibilities of the parties. Such amendment must be made through a mutually agreed
upon, written amendment that is executed by the parties.
C. The notice of amendment and the amendment to this Master Agreement may be in an
electronic form to the extent permitted by law and after a prior written consent of the parties
to this agreement is made.
d. Amendments to the LPAFAs due to changes in the character of the work or terms of the
agreement, or responsibilities of the parties relating to a specific project governed under
this Master Agreement may be enacted through a mutually agreed upon, written
amendment to the LPAFA.
5. 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 to this
agreement and shall be cumulative.
6. Utilities
If the required right of way encroaches upon existing utilities and the proposed project requires
their adjustment, removal or relocation, the Local Government will be responsible for determining
the scope of utility work and notify the appropriate utility company to schedule adjustments,
unless specified otherwise in a specific LPAFA under other provisions of this MAFA.
The Local Government shall be responsible for the adjustment, removal or relocation of utility
facilities in accordance with applicable State laws, regulations, rules, policies and procedures.
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Master Advance Funding Agreement
This includes, but is not limited to: 43 TAC §15.55 relating to Construction Cost Participation; 43
TAC §21.21 relating to State Participation in Relocation, Adjustment, and/or Removal of Utilities;
and, 43 TAC§ 21.31 et seq. relating to Utility Accommodation. The Local Government will be
responsible for all costs associated with additional adjustment, removal, or relocation during the
construction of the project, unless this work is provided by the owners of the utility facilities:
a. per agreement;
b. per all applicable statutes or rules, or;
c. as specified otherwise in a LPAFA.
Prior to letting a construction contract for a local project, a utility certification must be made
available to the State upon request stating that all utilities needing to be adjusted for completion
of the construction activity have been adjusted.
7. Environmental Assessment and Mitigation
Development of a local transportation project must comply with the National Environmental Policy
Act and the National Historic Preservation Act of 1966, which require environmental clearance of
federal-aid projects.
a. The Local Government is responsible for the identification and assessment of any
environmental problems associated with the development of a local project governed by this
agreement, unless provided for otherwise in the specific project agreement.
b. The Local Government is responsible for the cost of any environmental problem's mitigation
and remediation, unless provided for otherwise in the specific project agreement.
c. The Local Government is responsible for providing any public meetings or public hearings
required for development of the environmental assessment, unless provided for otherwise in
the specific project agreement.
d. The Local Government shall provide the State with written certification from appropriate
regulatory agency(ies) that identified environmental problems have been remediated, unless
provided for otherwise in the specific project agreement.
8. Compliance with Texas Accessibility Standards and ADA
All parties to this agreement shall ensure that the plans for and the construction of all projects
subject to this Master Agreement are in compliance with the Texas Accessibility Standards (TAS)
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 accessibility requirements of the Americans with Disabilities Act
(P.L. 101-336) (ADA).
9. Architectural and Engineering Services
Any party to this contract may have responsibility for effecting the performance of architectural
and engineering services. Or, the parties may agree to be individually responsible for portions of
this work. The LPAFA shall define the party responsible for performance of this work.
The engineering plans shall be developed in accordance with the applicable State's Standard
Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the
special specifications and special provisions related thereto, unless specifically stated otherwise
in the LPAFA and approved by the State.
In procuring professional services, the parties to this agreement must comply with federal
requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas
Government Code 2254, Subchapter A, in all cases.
Professional services contracts for federally funded projects must conform to federal
requirements, specifically including the provision for participation by Disadvantaged Business
Enterprises (DBEs), ADA, and environmental matters.
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Master Advance Funding Agreement
10.Construction Responsibilities
a. Unless specifically provided for otherwise in the LPAFA, the State shall advertise for
construction bids, issue bid proposals, receives and tabulate the bids and award and
administer the contract for construction of the Project. Administration of the contract includes
the responsibility for construction engineering and for issuance of any change orders,
supplemental agreements, amendments, or additional work orders, which may become
necessary subsequent to the award of the construction contract. In order to ensure federal
funding eligibility, projects must be authorized by the State prior to advertising for construction.
b. All contract letting and award procedures must be approved by the State prior to letting and
award of the construction contract, whether the construction contract is awarded by the State
or by the Local Government.
c. All contract change order review and approval procedures must be approved by the State prior
to start of construction.
d. Upon completion of the Project, the party constructing the project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
e. For federally funded contracts, the parties to this agreement will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR
Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding
documents. If force account work will be performed, a finding of cost effectiveness shall be
made in compliance with 23 CFR 635, Part B.
11. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads after
completion of the work and the State shall be responsible for maintenance of state highway
system after completion of the work if the work was on the state highway system, unless
otherwise provided for in the LPAFA or other prior existing maintenance agreement with the Local
Government.
12. Local Project Sources and Uses of Funds
a. The total estimated cost of the Project will be clearly stated in the local project agreement.
The expected cash contributions from the federal, state, Local Governments or other parties
will be clearly stated. The State will pay for only those project costs that have been approved
by the Texas Transportation Commission.
b. A project cost estimate showing the estimated contributions in kind or in cash for each major
area of the local project will be provided in the LPAFA. This project cost estimate will show
how necessary resources for completing the project will be provided by major cost categories.
These categories include but are not limited to: (1) costs of real property; (2) costs of utility
work; (3) costs of environmental assessment and remediation; (4) cost of preliminary
engineering and design; (5) cost of construction and construction management; and (6) any
other local project costs.
c. The State will be responsible for securing the Federal and State share of the funding required
for the development and construction of the local project. Federal share of the project will be
reimbursed to the local government on a cost basis.
d. The Local Government will be responsible for all non-federal or non-State participation costs
associated with the Project, including any overruns in excess of the approved local project
budget, unless otherwise provided for in the LPAFA.
e. Following execution of the LPAFA, but prior to the performance of any review work by the
State, the Local Government will remit a check or warrant made payable to the "Texas
Department of Transportation " in the amount specified in the LPAFA. The Local Government
will pay at a minimum its funding share for the estimated cost of preliminary engineering for
the project, unless otherwise provided for in the LPAFA.
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Master Advance Funding Agreement
f. 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, unless otherwise provided for in the LPAFA.
g. In the event the State determines that additional funding is required by the Local Government
at any time during the Project, the State will notify the Local Government in writing. The Local
Government will make payment to the State within thirty (30) days from receipt of the State's
written notification, unless otherwise provided for in the LPAFA.
h. Upon completion of the Project, the State will perform an audit of the local project costs. Any
funds due to the Local Government, the State, or the Federal government will be promptly
paid by the owing party.
i. The State will not pay interest on any funds provided by the Local Government.
j. If a waiver has been granted, the State will not charge the Local Government for the indirect
costs the State incurs on the local project, unless this agreement is terminated at the request
of the Local Government prior to completion of the project.
k. If the local project has been approved for a "fixed price" or an "incremental payment" non-
standard funding or payment arrangement under 43 TAC §15.52, the LPAFA will clearly state
the amount of the fixed price or the incremental payment schedule.
1. The Texas Comptroller of Public Accounts has determined that certain counties qualify as
Economically Disadvantaged Counties in comparison to other counties in the state as below
average per capita property value, and below average per capita income, and above average
unemployment, for certain years. The LPAFA will reflect adjustments to the standard
financing arrangement based on this designation.
m. The State will not execute the contract for the construction of a local project until the required
funding has been made available by the Local Government in accordance with the LPAFA.
13. Right of Way and Real Property
The Local Government is responsible for the provision and acquisition of any needed right of
way or real property, unless the State agrees to participate in the provision of right of way under
the procedures described herein as parts A and B of this provision.
Title to right of way and other related real property must be acceptable to the State before funds
may be expended for the improvement of the right of way or real property.
If the Local Government is the owner of any part of a project site under an LPAFA, the Local
Government shall permit the State or its authorized representative access to occupy the site to
perform all activities required to execute the work under the LPAFA.
All parties to this agreement will comply with and assume the costs for compliance with all the
requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those
provisions relating to incidental expenses incurred by the property owners in conveying the real
property to the Local Government, and benefits applicable to the relocation of any displaced
person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must
be maintained and made available to the State and its representatives for review and
inspection.
If the local government purchases right of way for a local government street, title will be acquired
in the name of the local government in accordance with applicable laws unless specifically
stated otherwise in the LPAFA and approved by the State.
If the State participates in the purchase of right of way for the state, it will be under the
processes established in the following paragraphs A or B, and the selected option shall be
specified in the LPAFA.
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A. Purchase By the State for the State
The State will assume responsibility for acquisition of all necessary right of way for the
highway project. The Local Government will voluntarily contribute to the State funds equal to
ten (10) percent of the cost of the right of way for the proper development and construction
of the state highway system and shall transmit to the State a warrant or check payable to the
Texas Department of Transportation when notified by the State of the estimated cost of the
right of way. If the amount is found insufficient to pay the Local Government's obligation,
then the Local Government, upon request of the State, will supplement this amount in such
amount as requested by the State. Upon completion of the highway project and in the event
the total amount paid by the Local Government is more than ten (10) percent of the actual
cost of the right of way, any excess amount will be returned to the Local Government. Cost
of the right of way by the State shall mean the total value of compensation paid to owners,
including but not limited to utility owners, for their property interests either through
negotiations or eminent domain proceedings.
B. Purchase by the Local Government for the State
Purchase: Right of way purchases shall be a joint effort of the State and the Local
Government. Acquisition of right of way shall be in accordance with the terms of this
agreement and in accordance with applicable Federal and State laws governing the
acquisition policies for acquiring real property. The State agrees to reimburse the Local
Government for its share of the cost of such right of way providing acquisition when it has
been authorized to proceed by the State.
Location Surveys and Preparation of Right of Way Data: The State, without cost to the
Local Government, will do the necessary preliminary engineering and title investigation in
order to supply to the Local Government the data and instruments necessary to obtain
acceptable title to the desired right of way.
Determination of Right of Way Values: The Local Government agrees to make a
determination of property values for each right of way parcel by methods acceptable to the
Local Government and to submit to the State's District Office a tabulation of the values so
determined, signed by the appropriate Local Government representative. Such tabulations
shall list the parcel numbers, ownership, acreage and recommended compensation.
Compensation shall be shown in the component parts of land acquired, itemization of
improvements acquired, damages (if any), and the amounts by which the total
compensation will be reduced if the owner retains improvements. This tabulation shall be
accompanied by an explanation to support the determined values, together with a copy of
information or reports used in arriving at all determined values. Such work will be
performed by the Local Government at its expense without cost participation by the State.
The State will review the data submitted and may base its reimbursement on the values
which are determined by this review. The State, however, reserves the right to perform at
its own expense any additional investigation deemed necessary, including supplemental
appraisal work by State employees or by employment of fee appraisers, all as may be
necessary for determination of values to constitute the basis for State reimbursement. If at
any stage of the project development it is determined by mutual-agreement between the
State and Local Government that the requirement for the Local Government to submit to
the State property value determinations for any part of the required right of way should be
waived, the Local Government will make appropriate written notice to the State of such
waiver, such notice to be acknowledged in writing by the State. In instances of such waiver,
the State by its due processes and at its own expense will make a determination of values
to constitute the basis for State reimbursement.
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Master Advance Funding Agreement
Negotiations: The State will notify the Local Government as soon as possible as to the
State's determination of value. Negotiation and settlement with the property owner will be
the responsibility of the Local Government without participation by the State; however, the
Local Government will notify the State immediately prior to closing the transaction so that a
current title investigation may be made to determine if there has been any change in the
title. The Local Government will deliver properly executed instruments of conveyance which
together with any curative instruments found to be necessary as a result of the State's title
investigation will be properly vest title in the State for each right of way parcel involved. The
costs incidental to negotiation and the costs of recording the right of way instruments will
be the responsibility of the Local Government. The cost of title investigation will be the
responsibility of the State.
Condemnation: Condemnation proceedings will be initiated at a time selected by the
Local Government and will be the Local Government's responsibility at its own expense
except as hereinafter indicated. The Local Government will obtain from the State without
cost current title information and engineering data at the time condemnation are to be
indicated. Except as hereinafter set forth the Local Government will concurrently file
condemnation proceedings and a notice of lis pendens for each case in the name of the
State, and in each case so filed the judgment of the court will decree title to the property
condemned to the State. The Local Government may, as set forth herein under "Excess
Takings" and where it is determined to be necessary, enter condemnation proceedings in
its own name. Property acquired in the Local Government's name for the State must
comply with requirements set forth in the engineering data and title investigation previously
furnished to the Local Government by the State at such time as the Local Government
conveys said property to the State.
Court Costs, Costs of Special Commissioners' Hearings and Appraisal Expense: Court
costs and costs of Special Commissioners' hearings assessed against the State or Local
Government in condemnation proceedings conducted on behalf of the State and fees
incident thereto will be paid by the Local Government. Such costs and fees, with the
exception of recording fees, will be eligible for ninety (90) percent State reimbursement
under the established reimbursement procedure provided such costs and fees are eligible
for payment by the State under existing law. Where the Local Government uses the State's
appraisers employed on a fee basis in Special Commissioners' hearings or subsequent
appeals, the cost of the appraiser for updating the report, for preparing new reports,
preparing for court testimony and appearing in court to testify in support of the appraisal
will be paid direct by the Local Government, but will be eligible for ninety (90) percent State
reimbursement under established procedure provided prior approval for such appraiser has
been obtained from the State. The fee paid the appraiser by the Local Government shall
be in accordance with the fee schedule set forth in the appraiser's contract for appraisal
services with the State.
Excess Takings: In the event the Local Government desires to acquire land in excess of
that requested by the State for right of way purposes, the State's cost participation will be
limited to the property needed for its purposes. If the Local Government elects to acquire
the entire property, including the excess taking, by a single instrument of conveyance or in
one eminent domain proceeding, the property involved will be acquired in the name of the
Local Government and that portion requested by the State for right of way will be
separately conveyed to the State by the Local Government. When acquired by negotiation,
the State's participation will be based on the State's approved value of that part of the
property requested for right of way purposes, provided that such approved value does not
exceed actual payment made by the Local Government. When acquired by condemnation,
' the State's participation will be in the proportionate part of the final judgment amount
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Mast�f Advance Funding Agreement
computed on the basis of the relationship of the State's approved value to the State's
predetermined value for the whole property.
Improvements: Property owners will be afforded an opportunity in the negotiations to
retain any or all of their improvements in the right of way taking. In anticipation of the owner
desiring to retain improvements, the State's approved value will include the amounts by
which the upper limit of State participation will be reduced for the retention. It is further
agreed that the upper limit for the State's participation in the Local Government's cost for
an improved parcel will be reduced as shown in the State's approved value where the
owner retains an improvement which is to be moved by either the Local Government or the
owner. In the event improvements, which are, in whole or part, a part of the right of way
taking are not retained by the owner; title is to be secured in the name of the State.
The State will participate in the acquisition of a structure severed by the right of way line if
the part of the house, building or similar structure which lies outside the right of way cannot
be reconstructed adequately or there is nothing but salvage left, provided that the State's
value is established on this basis and provided that title to the entire structure is taken in
the name of the State. The State shall dispose of all improvements acquired. The net
revenue derived by the State from the disposition of any improvements sold through the
General Services Commission will be credited to the cost of the right of way procured and
shared with the Local Government.
Relocation of Utilities on Acquired State Right of Way: If the required right of way
encroaches upon an existing utility located on its own right of way and the proposed
highway construction requires the adjustment, removal or relocation of the utility facility, the
State will establish the necessity for the utility work. State participation in the cost of
making the necessary change, less any resulting increase in the value to the utility and less
any salvage value obtainable, may be obtained by either the "actual cost" or"lump sum"
procedures. Reimbursement under"actual cost" will be made subsequent to the Local
Government's certification that the work has been completed and will be made in an
amount equal to ninety (90) percent of the eligible items of cost as paid to the utility owner.
The "lump sum" procedure requires that the State establishes the eligibility of the utility
work and enters into a three-party agreement, with the owners of the utility facilities and the
Local Government, which sets forth the exact lump sum amount of reimbursement, based
on a prior appraisal. The utility will be reimbursed by the Local Government after proper
certification by the utility that the work has been done, said reimbursement to be the basis
of the prior lump sum agreement. The State will reimburse the Local Government in an
amount equal to ninety (90) percent of the firm commitment as paid to the utility owner.
The foregoing is subject to the provision that the individual lump sum approved value shall
not exceed $20,000, except as specifically approved by the State. In those cases where a
single operation is estimated to exceed $20,000 the transaction will be brought to the
attention of the State for determination of proper handling based upon the circumstances
involved. Such utility firm commitment will be an appropriate item of right of way. The
adjustment, removal or relocation of any utility line on publicly owned right of way by
sufferance or permit will not be eligible for State reimbursement. The term "utility" under
this agreement shall include publicly, privately and cooperatively owned utilities.
Fencing Requirements: The Local Government may either pay the property owner for
existing right of way fences based on the value such fences contribute to the part taken
and damages for an unfenced condition resulting from the right of way taking, in which
case the estimated value of such right of way fences and such damages will be included in
the recommended value and the approved value, or the Local Government may do the
fencing on the property owner's remaining property.
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Master Advance Funding Agreement
Where the Local Government performs right of way fencing as a part of the total right of
way consideration, neither the value of existing right of way fences nor damages for an
unfenced condition will be included in the recommended value or the approved value.
State participation in the Local Government's cost of constructing right of way fencing on
the property owner's remainder may be based on either the actual cost of the fencing or on
a predetermined lump sum amount. The State will be given credit for any salvaged fencing
material and will not participate in any overhead costs of the Local Government.
If State participation is to be requested on the lump sum basis, the State and the Local
Government will reach an agreement prior to the actual accomplishment of the work as to
the necessity, eligibility and a firm commitment as to the cost of the entire fencing work to
be performed. The foregoing is subject to the provision that the lump sum approved cost
shall not exceed $20,000, except as specifically approved by the State. In the event the
cost of the fencing is estimated to exceed $20,000, the transaction will be brought to the
attention of the State for determination of proper handling based upon the circumstances
involved.
Reimbursement: The State will reimburse the Local Government for right of way acquired
after the date of this agreement in amount not to exceed ninety (90) percent of the cost of
the right of way acquired in accordance with the terms and provisions of this agreement.
The State's reimbursement will be in the amount of ninety (90) percent of the State's
predetermined value of each parcel, or the net cost thereof, whichever is the lesser
amount.
If condemnation is necessary and title is taken as set forth herein under the section entitled
"Condemnation," the participation by the State shall be based on the final judgment,
conditioned upon the State having been notified in writing prior to the filing of such suit and
upon prompt notice being given as to all action taken therein. The State shall have the right
to become a party to the suit at any time for all purposes, including the right of appeal at
any stage of the proceedings. All other items of cost shall be borne by the State and the
Local Government as provided in other sections of this agreement. If a lump sum fencing
or utility adjustment agreement has been executed, the State will reimburse the Local
Government in the amount of ninety (90) percent of the predetermined lump sum cost of
the right of way fencing or utility adjustment.
If the Local Government prefers not to execute a lump sum agreement for either fencing or
utility adjustments, the State will reimburse on the actual cost of such fencing or
adjustments. The Local Government's request for reimbursement will be supported by a
breakdown of the labor, materials and equipment used.
General: It is understood that the terms of this agreement shall apply to new right of way
authorized and requested by the State which is needed and not yet dedicated, in use or
previously acquired in the name of the State or Local Government for highway, street or
road purposes. This agreement shall also apply, with regard to any existing right of way, to
outstanding property interests not previously acquired and to eligible utility adjustments not
previously made, as authorized and requested by the State.
It is further understood that if unusual circumstances develop in the right of way acquisition
which are not clearly covered by the terms of this agreement, such unusual circumstances
or problems will be resolved by mutual agreement between the State and the Local
Government.
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,MastelAdvance Funding Agreement
14. Notices
All notices to either party by the other required under this agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail,
(electronic notice being permitted to the extent permitted by law but only after a separate written
consent of the parties), addressed to such party at the following addresses:
Local Government: State:
Darron Leiker Larry D. Tegtmeyer, P.E.
Interim City Manager Wichita Falls District Engineer
City of Wichita Falls Texas Department of Transportation
PO Box 1431 1601 Southwest Parkway
Wichita Falls, TX 76307 Wichita Falls, TX 76302-4906
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. 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 such notices shall be
delivered personally or by certified U.S. mail and such request shall be honored and carried out
by the other party.
15. Legal Construction
In case one or more of the provisions contained in this agreement shall for any reason be held
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall
not affect any other provisions and this agreement shall be construed as if it did not contain the
invalid, illegal or unenforceable provision.
16. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or employee
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.
17. 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 agreement shall be made available
to the State without restriction or limitation on their further use. All documents produced or
approved or otherwise created by the Local Government shall be transmitted to the State in the
form of photocopy reproduction on a monthly basis as required by the State. The originals shall
remain the property of the Local Government.
18. Compliance with Laws
The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules 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 Local Government
shall furnish the State with satisfactory proof of this compliance.
19. Sole Agreement
This agreement constitutes the sole and only agreement between the parties and supersedes
any prior understandings or written or oral agreements respecting the agreement's subject
matter.
MAFA Page 10 of 12 Rev. 12/30/04
I
.Master Advance Funding Agreement
20. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable
and allocable to the Project.
21. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and
with the property management standard established in Title 49 CFR §18.32.
22. Inspection of Books and Records
The parties to the agreement shall maintain all books, documents, papers, accounting records
and other documentation relating to costs incurred under this agreement and shall make such
materials available to the State, the Local Government, and, if federally funded, the Federal
Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly
authorized representatives for review and inspection at its office during the contract period and
for four (4) years from the date of completion of work defined under this contract or until any
impending litigation, or claims are resolved. Additionally, the State, the Local Government, and
the FHWA and their duly authorized representatives shall have access to all the governmental
records that are directly applicable to this agreement for the purpose of making audits,
examinations, excerpts, and transcriptions.
23. Office of Management and Budget (OMB) Audit Requirements
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502,
ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A-128
through August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000.
24. Civil Rights Compliance
The Local Government shall comply with the regulations of the Department of Transportation as
they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive
Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and
supplemented in the Department of Labor Regulations (41 CFR Part 60).
25. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise Program
requirements established in 49 CFR Part 26.
26. Debarment Certifications
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 Assistance
Programs under Executive Order 12549, "Debarment and Suspension." 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 accordance with Title 49 CFR Part 29 (Debarment and Suspension).
27. Lobbying Certification
In executing this Master Agreement, the signatories certify to the best of his or her 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 for influencing or attempting to influence an officer•or employee of any federal
agency, a Member 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
MAFA Page 11 of 12 Rev. 12/30/04
Waster Advance Funding Agreement
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, 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 officer or employee of Congress, or an employee of a Member of Congress in
connection with federal contracts, grants, loans, or cooperative agreements, the signatory for
the Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
c. The parties shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
By executing an LPAFA under this Master Agreement, the parties reaffirm this lobbying
certification with respect to the individual projects and reaffirm this certification of the material
representation of facts upon which reliance will be made. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
28. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this agreement
on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
By:
Name 1,iARIZa L.E F.I_
Title: Cilty Manager
Date: 12/12/05
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.
J ice ullenix
ctor of Contrac Services Section
ffice of General Counsel
Texas Department of Transportation
Date: r.
MAFA Page 12 of 12 Rev. 12/30/04
.Masfer Advance Funding Agreement
ATTACHMENT A
TYPES OF LPAFA FUNDING CATEGORIES UNDER THE MAFA
Federal Categories Prefix Federal Categories Prefix
Interstate Demonstration Projects
Interstate I Hi Priority Corridor on NHS DPR
Interstate Maintenance IM Rural Access Projects DPR
Interstate4R Discretionary IDR Innovative Projects DPI
Interstate Constr. Discretionary ID Priority Intermodal Projects DPM
Congestion Corridor IVH/ITS
Brid es High Priority Projects HP
Bridge Repair/Rehab On-System BR/BH
Other
National Highway System NH
Surface Transportation Program Forest Highways FH
Urban Mobility/Rehab STP-UM
Areas<200,000 STATE CATEGORIES
Enhancement STP-TE
Metro Mobility/Rehab STP-MM Preventive Maintenance CPM
Urban Mobili /Rehab Farm-to-Market/Farm-to-Market Rehab A/AR
Urban &Rural Rehabilitation STP-R District Discretionary CD
Rural Mobility Rehab STP-RM State Funded Rehab C
Rail-Hwy Crossing Protective Devices STP-RXP Park Road C
Rail-Hwy Crossing Hazard Elimination STP-RXH State Funded Mobility C
Railroad grade Separations STP-RGS PASS/PASS Metro Match C
Safety-Hazard Elimination STP-HES Traffic Signals, Signing & Pavement C
Markings
Miscellaneous C
Congestion Mitigation &Air Quality CM Railroad Replanking CRX
State Funded Landscape C/CL
Donor State Bonus* CLM
Any Area DB State Urban Street CUS
Areas >200,000 DBM
Areas <200,000 DBU Others per LPAFA exception
Minimum Guarantee MG Off-System Bridges Program BROX
*ISTEA Funding Categories— Not Re-
established in TEA 21
I
it
i
,I
I
Page 1 of 1 Attachment A
o
3 ^
TffG�
RESOLUTION NO. ►�Qa- �
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, TO APPROVE MASTER AGREEMENT AND
ADVANCED FUNDING AGREEMENTS FOR THE CONSTRUCTION OF
NORTHBOUND AND SOUTHBOUND BRIDGES ON MAPLEWOOD;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the Texas Department of Transportation is proposing to replace the
existing bridges on Maplewood; and
WHEREAS, the City is required to participate by matching ten percent of the
engineering and construction of this project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The Master Agreement and Advanced Funding Agreement is
accepted and the City Manager is hereby authorized to execute said agreement with
the Texas Department of Transportation.
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 6th day of December, 2005.
MAYOR
ATTEST:
Itity*clerk
f
County: Wichita
CSJ: 0903-03-084
Project: BR
Road/Street/Highway: On Maplewood Avenue
15 Digit NBI Structure No.: 03-243-0-603915-002
Local Designation No.: On Maplewood Avenue
Feature Crossed: North Bound at Drainage Ditch
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For Bridge Replacement or Rehabilitation
Off the State System
THIS Local Project Advance Funding Agreement (the 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 City 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, Title 23, United States 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 local governments;
and
WHEREAS, the Local Government owns a bridge or bridges located on a public road or
street located at On Maplewood Avenue North Bound at Drainage Ditch and said
bridge(s) is included in the currently approved program of work for Off-State System
Federal-Aid Bridge Replacement and Rehabilitation as authorized by Texas
Transportation Commission Minute Order number 110109, dated June 2005; and
WHEREAS, the Governing Body of the Local Government has approved entering into
this LPAFA by resolution or ordinance which is attached hereto and made a part hereof
as Attachment A and which provides for development of the specific programmed
replacement or rehabilitation project (the Project) identified in the location map shown as
Attachment B.
I
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:
BridgeLPAFA Page 1 of 11 Bridge Division
Rev 10/21/04 10-2002-LPAFA.1
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. Remedies for defaults under this LPAFA shall be made as described in the Master
Agreement, without exception.
5. Scope of Work
The scope of work for this LPAFA is the replacement or rehabilitation of the bridge(s)
identified in the recitals of this LPAFA. This replacement or rehabilitation shall be
accomplished in the manner described in the plans, specifications and estimates
developed in accordance with this LPAFA and which are incorporated herein by
reference.
6. Right of Way and Real Property
The Local Government is responsible for the provision and acquisition of all
necessary right of way and will not be reimbursed with federal or state funds for the
required right of way. The Local Government authorizes the State, its consultant,
contractor, or other designated representative to enter the site(s) of said bridge(s)
and adjacent right of way or relocation right of way to perform surveys, inspections,
construction and other activities necessary to replace or rehabilitate said bridge and
approaches.
7. Adjustment of Utilities
The Local Government shall be responsible for the adjustment, removal, or
relocation of utility facilities in accordance with applicable State laws, regulations,
rules, policies, and procedures, including any cost to the State of a delay resulting
from the Local Government's failure to ensure that utility facilities are adjusted,
removed, or relocated before the scheduled beginning of construction. The Local
Government 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 Government shall provide, at the State's request, a certification stating that the
Local Government has completed the adjustment of all utilities that must be adjusted
before construction is completed.
8. Environmental Assessment and Mitigation
Development of the Project must comply with the National Environmental Policy Act
and the National Historic Preservation Act of 1966, which require environmental
clearance of federal-aid projects.
BridgeLPAFA Page 2 of 11 Bridge Division
Rev 10/21/04 10-2002-LPAFA.1
a. The State is responsible for the identification and assessment of any
environmental problems associated with the development of the Project
governed by this Agreement.
b. Cost participation in environmental assessment and remediation 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. The Local
� I
Government does not need to provide certifications to the State concerning this
matter.
i
The State will not begin construction of the Project until identified environmental
problems have been remediated, unless provided for otherwise.
9. Compliance with Texas Accessibility Standards and ADA will be as stated in the
Master Agreement, without exception.
10.Architectural and Engineering Services will be Provided by the State
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. The Local Government
review shall not unduly delay the development of the Project.
11.Construction Responsibilities will be carried out by the State, as stated in the Master
Agreement, without exception.
12.Project Maintenance will be undertaken as provided for in the Master Agreement,
without exception.
13.Local Project Sources and Uses of Funds
a. A Project Cost Estimate is provided in Attachment D, "Estimate of Direct Costs."
b. A source of funds estimate is also provided in Attachment D. Attachment D
1 shows the estimated direct preliminary engineering, construction engineering,
and construction costs for the Project in total and by the Local Government.
c. The Local Government participation is based upon the State's estimate of the
eligible work at the time this Agreement is executed and will not be adjusted
during construction except as needed to include any Project cost item 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 project cost item or portion of a cost item
that is not eligible for federal participation under the Federal Highway Bridge
Replacement and Rehabilitation Program. The Local Government is also
responsible for any cost resulting from changes made at the request of the Local
Government.
BridgeLPAFA Page 3 of 11 Bridge Division
Rev 10/21/04 10-2002-LPAFA.1
d. After execution of this Agreement, but thirty (30) days prior to the performance of
any work by the State, the Local Government will remit a check or warrant made
payable to the "Texas Department of Transportation" in the amount specified in
Attachment D as the local contribution for preliminary engineering. The Local
Government will pay at a minimum its funding share for this estimated cost of
preliminary engineering.
e. Forty-five (45) 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 g and any other costs
owing.
f. If at the completion or termination of the Project the State determines that
additional funding is required by the Local Government, the State shall 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.
g. Upon completion of the Project, the State will perform an audit of the Project
costs. Any funds due to the Local Government, the State, or the Federal
Government will be promptly paid by the owing party.
h. The State will not pay interest on any funds provided by the Local Government.
i. The Local Government funding participation responsibilities include Project direct
costs only, except when the Project is terminated before completion at the
request of the Local Government as addressed in the Termination provision of
this Agreement.
j. If the Project has been approved for a "fixed price" or an "incremental payment"
non-standard funding or payment arrangement under 43 TAC §15.52, this
Agreement will clearly state the amount of the fixed price or the incremental
payment schedule.
k. Under the provisions of Texas Transportation Code Section 222.053 certain
counties qualify as Economically Disadvantaged Counties (EDC) in comparison
to other counties in the state as below average per capita property value, and
below average per capita income, and above average unemployment, for certain
years. If applicable, in consideration of such EDC status that may be applicable
for the Project, the required local match fund participation has been adjusted to
N/A percent as authorized by Texas Transportation Commission Minute Order
Number NIA, dated N/A.
I I. The State will not execute the contract for the construction of a Project until the
required funding has been made available by the Local Government in
accordance with this Agreement.
m. 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
j the state auditor, 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 investigation must provide the state auditor with access to
any information the state auditor considers relevant to the investigation or audit.
BridgeLPAFA Page 4 of 11 Bridge Division
Rev 10/21/04 10-2002-LPAFA.1
14.Performance by Local Government of 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 by the
State's District Engineer, then the required ten percent matching fund
participation or percent as adjusted for EDC consideration, as shown in
Attachment D, "Estimate of Direct Costs", but excluding ineligible costs under the
bridge program, is waived. This waiver is based on the commitment of the Local
Government to spend an equivalent amount of funds for structural or safety
improvement on "other" 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 Participation-Waived Project (PWP) and the work on the "other" bridge
structures that will be improved by the Local Government shall be defined to be
the Equivalent Match Project(s) (EMP). Attachment C to this Agreement shows a
list of EMP(s) under this Agreement.
b. Project Cost Estimate for PWP. Attachment D to this Agreement shows the
estimated direct preliminary engineering, construction engineering and
construction costs for the PWP in total and local match fund participation being
waived, or partially waived.
c. Credit Against EMP Work. Any local match 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(s) will be reflected in Attachment D to this Agreement.
d. Responsibilities of the Local Government on EMP(s)
(1) The Local Government shall be responsible for all engineering and
construction, and related costs thereto, and complying with all applicable
state and federal environmental regulations and permitting requirements.
(2) The structural or safety improvement work on the EMP(s) shall be performed
subsequent to the final execution of this Agreement but within three (3)
calendar years after the earliest contract award of the related PWP.
(3) Written documentation, suitable for audit, of the structural or safety
improvement work completed on the EMP(s) shall be kept on file by the Local
Government for four (4) years after completion of work or claims, lawsuits, or
audits related thereto, whichever is longer. A notice of completion of work on
the EMP(s) shall be delivered to the State's District Engineer no later than
thirty30 calendar days after work is completed on the EMP(s).
( ) Y P
(4) Failure by the Local Government to adequately complete the EMP(s) within
the stated three-year period shall result in the Local Government being
excluded from receiving such waivers for a minimum of five (5) years.
e. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver
of eligible program costs, the Local Government shall pay the State 100 percent
of the cost of any PWP item or portion of a cost item that is not eligible for federal
or state participation, and 100 percent of the costs resulting from additional work
on 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
BridgeLPAFA Page 5 of 11 Bridge Division
Rev 10/21/04 10-2002-LPAFA.1
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 PWP.
15.Notices
All notices to either party by the other required under this Agreement shall be
delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to
such party at the following addresses:
State: Mr. Larry D.D Te tme er, P.E.
g Y
Wichita Falls District Engineer
Texas Department of Transportation
1601 Southwest Parkway
Wichita Falls, TX 76302-4906
Local Government: Darron Leiker
Interim City Manager
City of Wichita Falls
PO Box 1431
Wichita Falls, TX 76307
All notices shall be deemed given on the date so delivered or so deposited in the
mail, unless otherwise provided herein. 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 such notices shall be delivered personally or by certified
U.S. mail and such request shall be honored and carried out by the other party.
16. Lobbying Certification. The parties to this LPAFA reaffirm that no federal funds
were used to lobby for Project funds, but that if any lobbying occurred, it has been
reported to the State, pursuant to the requirements of the Master Agreement.
17. Incorporation. The Master Agreement is incorporated into this agreement as if fully
set forth herein.
18. Local Government Restrictions. In the case that the local government has an
existing, future or proposed local ordinance commissioners court order, rule policy,
or other. directive that is more restrictive than the state or federal regulations that
results in an increase cost to the State for the project, the local government is
responsible for all increased costs associated with the ordinance, order, policy,
directive, or change.
19. Signatory Warranty. The signatories to this Agreement warrant that each has the
j authority to enter into this Agreement on behalf of the party represented.
i
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be
executed in duplicate counterparts.
j
Brid eLPAFA Page 6 of 11 Bridge Division
9 9 9
Rev 10/21/04 10-2002-LPAFA.1
THE LOCAL GOV ENT
By: " P
Signatur
Darron Leiker
Printed Name of Signatory
Title: City Manager
Date: 12/12/05
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:
William R. Cox, PE
Director, Bridge Division
Date: Z - /3—O
BridgeLPAFA Page 7 of 11 Bridge Division
Rev 10/21/04 10-2002-LPAFA.1
RESOLUTION NO. �t�a_aoos
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, TO APPROVE MASTER
AGREEMENT AND
ADVANCED FUNDING AGREEMENTS FOR THE CONSTRUCTION OF
NORTHBOUND AND SOUTHBOUND BRIDGES ON MAPLEWOOD;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the Texas Department of Transportation is proposing to replace the
existing bridges on Maplewood; and
WHEREAS, the City is required to participate by matching ten percent of the
engineering and construction of this project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The Master Agreement and Advanced Funding Agreement is
accepted and the City Manager is hereby authorized to execute said agreement with
the Texas Department of Transportation.
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 6th day of December, 2005.
MAYOR
i
ATTEST:
i
i .
I '
I
ity Clerk
i
a
• ors
ATTACHMENT B
Project Location Map
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BridgeLPAFA
Bridge Division
REV 07/25/05 Page 9 of 11 10-2002-LPAFA. 1
County: Wichita
CSJ: 0903-03-084
Project: BR
Road/Street/Highway: On Maplewood Avenue
15 Digit NBI Structure No.: 03-243-0-1303915-002
Local Designation No.: _ On Maplewood Avenue
Feature Crossed: North Bound at Drainage Ditch
ATTACHMENT C (See Note**)
LIST OF DISTRICT ENGINEER APPROVED
EQUIVALENT MATCH PROJECT(S) (EMP)
Location (and On School Historic Description of Estimated
structure Bus Bridge? Structural or Safety Cost
identification number, Route? (Yes/No) Improvement Work
if applicable) Yes/No
i
Total
j EMP work credited to this PWP See Note
Balance of EMP work available to associated PWP(s)
Associated PWP(s) Control-Section-Job Amount to be Credited to Associated PWP (s)
CSJ
Note *: This total should typically equal the "Balance of Local Government Participation"
that is waived as shown in Attachment D.
Note**: This attachment not applicable for non-Participation-Waived Projects (PWP)
BridgeLPAFA Page 10 of 11 Bridge Division
Rev 10/21/04 10-2002-LPAFA.1
i
County: Wichita
CSJ: 0903-03-084
Project: BR
Road/Street/Highway: On Maplewood Avenue
15 Digit NBI Structure No.: 03-243-0-1303915-002
Local Designation No.: On Maplewood Avenue
Feature Crossed: North Bound at Drainage Ditch
ATTACHMENT D
ESTIMATE OF DIRECT COSTS
Local Government
Estimated Cost Participation
i
Preliminary Engineering (PE) (1) 57,042.00
Ten (10) Percent or EDC Adjusted Percent
of PE for Local Government Participation (3) 5,704.20
Construction 380,280.00
Engineering and Contingency (E&C) 86,437.64
The Sum of Construction and E&C (2) 466,717.64
Ten (10) Percent or EDC Adjusted Percent
of the Sum of Construction and E&C for
Local Government Participation (4) 46,671.76
Amount of Advance Funds Paid by Local
Government * (5) 5,704.20
Amount of Advance Funds to be Paid by
Local Government * (6) 46,671.76
Balance of Local Government Participation
which is to be Waived where the
Project is a PWP (3+4-5-6) 0.00
Total Project Direct Cost (1+2) 523,759.64
* Credited Against Local Government Participation Amount
If this Project is to be a PWP, Amount of
EMP Work Being Credited to this PWP as
Shown on Attachment C.
Bridget-PAFA Page 11 of 11 Bridge Division
Rev 10/21/04 10-2002-LPAFA.1
County: Wichita
CSJ: 0903-03-083
Project: BR
Road/Street/Highway: On Maplewood Avenue
15 Digit NBI Structure No.: 03-243-0-1303915-003
Local Designation No.: On Maplewood Avenue
Feature Crossed: South Bound at Drainage Ditch
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For Bridge Replacement or Rehabilitation
Off the State System
THIS Local Project Advance Funding Agreement (the 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 City 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, Title 23, United States 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 local governments;
and
WHEREAS, the Local Government owns a bridge or bridges located on a public road or
street located at On Maplewood Avenue South Bound at Drainage Ditch and said
bridge(s) is included in the currently approved program of work for Off-State System
Federal-Aid Bridge Replacement and Rehabilitation as authorized by Texas
jTransportation Commission Minute Order number 110109, dated June 2005; and
WHEREAS, the Governing Body of the Local Government has approved entering into
this LPAFA by resolution or ordinance which is attached hereto and made a part hereof
as Attachment A and which provides for development of the specific programmed
replacement or rehabilitation project (the Project) 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:
BridgeLPAFA Page 1 of 11 Bridge Division
Rev 10/21/04 10-2002-LPAFA.1
I
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. Remedies for defaults under this LPAFA shall be made as described in the Master
Agreement, without exception.
5. Scope of Work
The scope of work for this LPAFA is the replacement or rehabilitation of the bridge(s)
identified in the recitals of this LPAFA. This replacement or rehabilitation shall be
accomplished in the manner described in the plans, specifications and estimates
developed in accordance with this LPAFA and which are incorporated herein by
reference.
6. Right of Way and Real Property
The Local Government is responsible for the provision and acquisition of all
necessary right of way and will not be reimbursed with federal or state funds for the
required right of way. The Local Government authorizes the State, its consultant,
contractor, or other designated representative to enter the site(s) of said bridge(s)
and adjacent right of way or relocation right of way to perform surveys, inspections,
construction and other activities necessary to replace or rehabilitate said bridge and
approaches.
7. Adjustment of Utilities
The Local Government shall be responsible for the adjustment, removal, or
relocation of utility facilities in accordance with applicable State laws, regulations,
rules, policies, and procedures, including any cost to the State of a delay resulting
from the Local Government's failure to ensure that utility facilities are adjusted,
removed, or relocated before the scheduled beginning of construction. The Local
Government 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 Government shall provide, at the State's request, a certification stating that the
Local Government has completed the adjustment of all utilities that must be adjusted
before construction is completed.
8. Environmental Assessment and Mitigation
Development of the Project must comply with the National Environmental Policy Act
and the National Historic Preservation Act of 1966, which require environmental
clearance of federal-aid projects.
BridgeLPAFA Page 2 of 11 Bridge Division
Rev 10/21/04 10-2002-LPAFA.1
1
a. The State is responsible for the identification and assessment of any
environmental problems associated with the development of the Project
governed by this Agreement.
b. Cost participation in environmental assessment and remediation 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. The Local
Government does not need to provide certifications to the State concerning this
matter.
The State will not begin construction of the Project until identified environmental
problems have been remediated, unless provided for otherwise.
9. Compliance with Texas Accessibility Standards and ADA will be as stated in the
Master Agreement, without exception.
10.Architectural and Engineering Services will be Provided by the State
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. The Local Government
review shall not unduly delay the development of the Project.
j 11.Construction Responsibilities will be carried out by the State, as stated in the Master
Agreement, without exception.
12.Project Maintenance will be undertaken as provided for in the Master Agreement,
without exception.
13.Local Project Sources and Uses of Funds
a. A Project Cost Estimate is provided in Attachment D, "Estimate of Direct Costs."
b. A source of funds estimate is also provided in Attachment D. Attachment D
shows the estimated direct preliminary engineering, construction engineering,
and construction costs for the Project in total and by the Local Government.
c. The Local Government participation is based upon the State's estimate of the
eligible work at the time this Agreement is executed and will not be adjusted
during construction except as needed to include any Project cost item 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 project cost item or portion of a cost item
that is not eligible for federal participation under the Federal Highway Bridge
Replacement and Rehabilitation Program. The Local Government is also
responsible for any cost resulting from changes made at the request of the Local
Government.
BridgeLPAFA Page 3 of 11 Bridge Division
Rev 10/21/04 10-2002-LPAFA.1
d. After execution of this Agreement, but thirty (30) days prior to the performance of
any work by the State, the Local Government will remit a check or warrant made
payable to the "Texas Department of Transportation" in the amount specified in
Attachment D as the local contribution for preliminary engineering. The Local
Government will pay at a minimum its funding share for this estimated cost of
preliminary engineering.
e. Forty-five (45) 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 and any other costs
owing.
f. If at the completion or termination of the Project the State determines that
additional funding is required by the Local Government, the State shall 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.
g. Upon completion of the Project, the State will perform an audit of the Project
costs. Any funds due to the Local Government, the State, or the Federal
Government will be promptly paid by the owing party.
h. The State will not pay interest on any funds provided by the Local Government.
i. The Local Government funding participation responsibilities include Project direct
costs only, except when the Project is terminated before completion at the
request of the Local Government as addressed in the Termination provision of
this Agreement.
j. If the Project has been approved for a "fixed price" or an "incremental payment"
non-standard funding or payment arrangement under 43 TAC §15.52, this
Agreement will clearly state the amount of the fixed price or the incremental
payment schedule.
k. Under the provisions of Texas Transportation Code Section 222.053 certain
counties qualify as Economically Disadvantaged Counties (EDC) in comparison
to other counties in the state as below average per capita property value, and
below average per capita income, and above average unemployment, for certain
years. If applicable, in consideration of such EDC status that may be applicable
for the Project, the required local match fund participation has been adjusted to
N/A percent as authorized by Texas Transportation Commission Minute Order
Number NIA, dated N/A.
I. The State will not execute the contract for the construction of a Project until the
required funding has been made available by the Local Government in
accordance with this Agreement.
m. 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. An 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.
BridgeLPAFA Page 4 of 11 Bridge Division
Rev 10/21/04 10-2002-LPAFA.1
i
I
14.Perfo
rmance by Local Government of 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 by the
State's District Engineer, then the required ten percent matching fund
participation or percent as adjusted for EDC consideration, as shown in
Attachment D, "Estimate of Direct Costs", but excluding ineligible costs under the
bridge program, is waived. This waiver is based on the commitment of the Local
Government to spend an equivalent amount of funds for structural or safety
improvement on "other' 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 Participation-Waived Project (PWP) and the work on the "other ' bridge
structures that will be improved by the Local Government shall be defined to be
the Equivalent Match Project(s) (EMP). Attachment C to this Agreement shows a
list of EMP(s) under this Agreement.
b. Project Cost Estimate for PWP. Attachment D to this Agreement shows the
estimated direct preliminary engineering, construction engineering and
construction costs for the PWP in total and local match fund participation being
waived, or partially waived.
c. Credit Against EMP Work. Any local match fund participation that has already
j 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(s) will be reflected in Attachment D to this Agreement.
d. Responsibilities of the Local Government on EMP(s)
(1) The Local Government shall be responsible for all engineering and
construction, and related costs thereto, and complying with all applicable
state and federal environmental regulations and permitting requirements.
(2) The structural or safety improvement work on the EMP(s) shall be performed
subsequent to the final execution of this Agreement but within three (3)
calendar years after the earliest contract award of the related PWP.
(3) Written documentation, suitable for audit, of the structural or safety
improvement work completed on the EMP(s) shall be kept on file by the Local
Government for four (4) years after completion of work or claims, lawsuits, or
audits related thereto, whichever is longer. A notice of completion of work on
the EMP(s) shall be delivered to the State's District Engineer no later than
thirty (30) calendar days after work is completed on the EMP(s).
(4) Failure by the Local Government to adequately complete the EMP(s) within
the stated three-year period shall result in the Local Government being
excluded from receiving such waivers for a minimum of five (5) years.
e. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver
of eligible program costs, the Local Government shall pay the State 100 percent
of the cost of any PWP item or portion of a cost item that is not eligible for federal
or state participation, and 100 percent of the costs resulting from additional work
on 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
BridgeLPAFA Page 5 of 11 Bridge Division
Rev 10/21/04 10-2002-LPAFA.1
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 PWP.
15.Notices
All notices to either party by the other required under this Agreement shall be
delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to
such party at the following addresses:
State: Mr. Larry D. Tegtmeyer, P.E.
Wichita Falls District Engineer
Texas Department of Transportation
1601 Southwest Parkway
Wichita Falls, TX 76302-4906
Loca
l Government: Dar ron Leiker
Interim City Manager
City of Wichita Falls
PO Box 1431
Wichita Falls, TX 76307
All notices shall be deemed given on the date so delivered or so deposited in the
mail, unless otherwise provided herein. 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 such notices shall be delivered personally or by certified
U.S. mail and such request shall be honored and carried out by the other party.
16. Lobbying Certification. The parties to this LPAFA reaffirm that no federal funds
were used to lobby for Project funds, but that if any lobbying occurred, it has been
reported to the State, pursuant to the requirements of the Master Agreement.
17. Incorporation. The Master Agreement is incorporated into this agreement as if fully
set forth herein.
18. Local Government Restrictions. In the case that the local government has an
existing, future or proposed local ordinance commissioners court order, rule policy,
P P P Y,
or other directive that is more restrictive than the state or federal regulations that
results in an increase cost to the State for the project, the local government is
responsible for all increased costs associated with the ordinance, order, policy,
directive, or change.
19. Signatory Warranty. The signatories to this Agreement warrant that each has the
authority to enter into this Agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be
executed in duplicate counterparts.
BridgeLPAFA Page 6 of 11 Bridge Division
Rev 10/21/04 10-2002-LPAFA.1
i
THE LOCAL GOVERNMENT
By:
Signature
i
Darron Leiker
Printed Name of Signatory
a
Title: City Manager
Date: 12/12/05
a THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation
'I 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: K .
William R. Cox, PE
Director, Bridge Division
Date:
BridgeLPAFA Page 7 of 11 Bridge Division
Rev 10/21/04 10-2002-LPAFA.1
RESOLUTION NO. ���
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, TO APPROVE MASTER AGREEMENT AND
ADVANCED FUNDING AGREEMENTS FOR THE CONSTRUCTION OF
NORTHBOUND AND SOUTHBOUND BRIDGES ON MAPLEWOOD-
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
j RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the Texas Department of Transportation is proposing to replace the
existing bridges on Maplewood; and
WHEREAS, the City is required to participate by matching ten percent of the
engineering and construction of this project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The Master Agreement and Advanced Funding Agreement is
accepted and the City Manager is hereby authorized to execute said agreement with
the Texas Department of Transportation.
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 6th day of December, 2005.
MAYOR
ATTEST:
Itity
erk
ATTACHMENT B
Gf DwNpamm Project Location Map
i
DA A
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r L
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cNF 1 I rvam _ 191 I E- aft I I-I� - vorrxrr d EI
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BridgeLPAFA Bridge Division
REV 07/25/05 Page 9 of 11 10-2002-LPAFA. 1
County: Wichita
CSJ: 0903-03-083
Project: BR
Road/Street/Highway: On Maplewood Avenue
15 Digit NBI Structure No.: 03-243-0-1303915-003
Local Designation No.: On Maplewood Avenue
Feature Crossed: South Bound at Drainage Ditch
ATTACHMENT C (See Note**)
LIST OF DISTRICT ENGINEER APPROVED
EQUIVALENT MATCH PROJECT(S) (EMP)
Location (and On School Historic Description of Estimated
structure Bus Bridge? Structural or Safety Cost
identification number, Route? (Yes/No) Improvement Work
if applicable) Yes/No
Total
EMP work credited to this PWP See Note
Balance of EMP work available to associated PWP(s)
Associated PWP(s) Control-Section-Job Amount to be Credited to Associated PWP (s)
CSJ
I
i
I
it
Note *: This total should typically equal the "Balance of Local Government Participation"
that is waived as shown in Attachment D.
Note**: This attachment not applicable for non-Participation-Waived Projects (PWP)
BridgeLPAFA Page 10 of 11 Bridge Division
Rev 10/21/04 10-2002-LPAFA.1
County: Wichita
CSJ: 0903-03-083
Project: BR
Road/Street/Highway: On Maplewood Avenue
15 Digit NBI Structure No.: 03-243-0-1303915-003
Local Designation No.: On Maplewood Avenue
Feature Crossed: South Bound at Drainage Ditch
ATTACHMENT D
I ESTIMATE OF DIRECT COSTS
Local Government
Estimated Cost Participation
Preliminary Engineering (PE) (1) 41,550.00
Ten (10) Percent or EDC Adjusted Percent
I of PE for Local Government Participation (3) 4,155.00
Construction 277,000.00
i
Engineering and Contingency (E&C) 62,962.10
The Sum of Construction and E&C (2) 339,962.10
Ten (10) Percent or EDC Adjusted Percent
of the Sum of Construction and E&C for
Local Government Participation (4) 33,996.21
Amount of Advance Funds Paid by Local
Government * (5) 4,155.00
Amount of Advance Funds to be Paid by
Local Government * (6) 33,996.21
Balance of Local Government Participation
which is to be Waived where the
Project is a PWP (3+4-5-6) 0.00
Total Project Direct Cost (1+2) 381,512.10
* Credited Against Local Government Participation Amount
If this Project is to be a PWP, Amount of
EMP Work Being Credited to this PWP as
Shown on Attachment C.
BridgeLPAFA Page 11 of 11 Bridge Division
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