2009-109-RES-Agreement between COP and TxDot for S. Collegiate Dr. Extension, Expansion and RealignmentRESOLUTION NO. 2009-109
A RESOLUTIOIV OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AND AUTHORIZING THE EXECUTION OF THE ADVANCE
FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT
CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS
WITH NO REQUIRED MATCH, CSJ#1452-01-013PARIS, BETWEEN THE
CITY OF PARIS AND THE TEXAS DEPARTMENT OF TRANSPORTATION
FOR THE SOUTH COLLEGIATE DRIVE EXTENSION, EXPANSION AND
REALIGNMENT FROM LOOP 286 GOING NORTH TO JEFFERSON ROAD
(FM 1507) CONTINUING NORTH APPROXIMATELY 1300 FEET TO THE
BRIDGE; MAKIIVG OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Paris has undertaken a project of construction to extend,
expand and realign South Collegiate Drive from Loop 286 going north to Jefferson Road
(FM 1507) continuing north approximately 1300 feet to the bridge; and,
WHEREAS, the Texas Department of Transportation will widen FM 1507 to add a
continuous two-way left-turn lane from 1.34 miles north of Loop 286 to 0.59 miles north of
Loop 286 at a cost to the City of $300,000.00; and,
WHEREAS, it is the City of Paris' intention to widen Collegiate Drive and have it be
the through roadway gaining a net increase in safety and mobility for its citizens; and,
WHEREAS, the City of Paris will, in conjunction with the extension and expansion of
South Collegiate Drive, procure all necessary right-of-way for said project and incur all
associated fees (utility adjustments, surveys, etc.); and,
WHEREAS, the right-of-way owned by the City of Paris that will be associated with
the realignment of FM 1507 will be considered to be used for public transportation
purposes; and,
WHEREAS, the Texas Department of Transportation will be participating in the
project in accordance with the Advance Funding Agreement for Voluntary Local
Government Contributions to Transportation Improvement Projects with No Required
Match, attached here to as Exhibit "A"; and
WHEREAS, it is deemed to be in the best interests of the citizens of the City of Paris
that such participation in said project be pursued and completed and the City Manager be
authorized and directed to execute on behalf of the City of Paris the Advance Funding
Agreement for Voluntary Local Government Contributions to Transportation Improvement
Projects with No Required Match, CSJ #1452-01-013 PARIS; and,
WHEREAS, the City Council deems it appropriate to authorize the City Manager, City
Attorney, and City Engineer to procure appraisals and pursue the acquisition of said
necessary rights-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the City Council of the City of Paris intends to widen Collegiate
Drive and have it be the through roadway gaining a new increase in safety and mobility for
the citizens of the City of Paris and that the right-of-way owned by the City of Paris
associated with the realignment of FM 1507 will be considered to be used for public
transportation purposes.
Section 3. That the Advance Funding Agreement for Voluntary Local Government
Contributions to Transportation Improvement Projects with No Required Match,
CSJ#1452-01-013PARIS, between the City of Paris and the Texas Department of
Transportation be, and is hereby approved under the terms and conditions attached hereto
as Exhibit "A", and the City Manager be and he is hereby authorized to executive on behalf
of the City of Paris said Agreement.
Section 4. That the City Manager, City Attorney, and City Engineer be, and they
are hereby, authorized and directed to undertake any and all actions reasonably necessary,
including where appropriate obtaining appraisals and other actions, to participate in the
acquisition of the necessary right-of-way to be used for the South Collegiate Drive
extension, expansion and realignment project.
Section S. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 28th day of September, 2009.
Jarr~es Freelen, Mayor
ATTEST:
nice Ellis, City Clerk
APPROVED AS ORM:
W. Kent McII ar, City Attorney
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THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
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ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS AGREEMENT 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 Paris ,
acting by and through its duly authorized officials, hereinafter called the "Local Government."
WITNESSETH
WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out,
construct, maintain, and operate a system of streets, roads, and highways that comprise the State
Highway System; and,
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221,
authorize the State to contract with municipalities and political subdivisions; and,
WHEREAS, Commission Minute Order Number_111709_authorizes the State to undertake and
complete a highway irnprovement generally described as_Widening FM 1507 to Add a Continuous
Two-Way Left-Turn Lane from 1.34 Mi N of Loop 286 to 0.59 Mi N of Loop 286_; and,
WHEREAS, the Local Government has requested that the State allow the Local Government to
participate in said improvement by funding that portion of the improvement described as _Realign
intersections of FM 1507 with Collegiate Drive, place Hotmix Asphalt Surface on Collegiate
Drive from north intersection to south intersection, and Construct Drainage Improvements_,
hereinafter called the "Project"; and,
WHEREAS, the State has determined that such participation is in the best interest of the citizens of
the State;
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, the
State and the Local Government do agree as follows:
AGREEMENT
Article 1. Time Period Covered
This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed, and the State and the Local Government will consider it to be in full force
and effect until the Project described herein has been completed and accepted by all parties or
unless terminated, as hereinafter provided.
Article 2. Project Funding and Work Responsibilities
The State will authorize the performance of only those Project items of work which the Local
Government has requested and has agreed to pay for as described in Attachment A, Payment
Provision and Work Responsibilities which is attached to and made a part of this contract.
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in addition to identifying those items of work paid for by payments to the State, Attachment A,
Payment Provision and Work Responsibilities, also specifies those Project items of work that are the
responsibility of the Local Government and will be carried out and completed by the Local
Government, at no cost to the State.
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.
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 shalt make payment to the State within thirty (30) days from receipt of the State's written
notification.
Whenever funds are paid by the Local Government to the State under this Agreement, the Local
Government shall remit a check or warrant made payable to the "Texas Department of
Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow
account to be managed by the State. Funds in the escrow account may only be applied 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.
If the Local Government will perform any work under this contract for which reimbursement will be
provided by or through the State, the Local Government must complete training before a letter of
authority is issued. Training is complete when at least one individual who is working actively and
directly on the Project successfully completes and receives a certificate for the course entitled Local
Government Project Procedures Qualification for the Texas Department of Transportation. The Local
Government shall provide the certificate of qualification to the State. The individual who receives the
training certificate may be an employee of the Local Government or an employee of a firm that has
been contracted by the Local Government to perform oversight of the Project. The State in its
discretion may deny reimbursement if the Local Government has not designated a qualified individual
to oversee the Project.
Whenever funds from the American Recovery and Reinvestment Act of 2009 (ARRA) are distributed
to a Local Government, the Local Government must complete its Schedule of Expenditures of
Federal Awards (SEFA) and the Data Collection Form (SF-SAC), as required by OMB Circular A-133,
and separately identify any ARRA expenditures for Federal Awards.
Payment under this contract beyond the end of the current fiscal biennium is subject to availability of
appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with
no liability to either party.
Article 3. Right of Access
If the Local Government is the owner of any part of the Project site, the Local Government shall
permit the State or its authorized representative access to the site to perForm any activities required
to execute the work.
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Article 4. Adjustments Outside the Project Site
The Local Government will provide for all necessary right-of-way and utility adjustments needed for
performance of the work on sites not owned or to be acquired by the State.
Article 5. Responsibilities of the Parties
The State and the Local Government agres 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.
Article 6. 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 hiring a consultant or professional
provider. At the request of the State, the Local Government shall submit any information required by
the State in the format directed by the State.
Article 7. Interest
The State will not pay interest on funds provided by the Local Government. Funds provided by the
Local Government will be deposited into, and retained in, the State Treasury.
Article 8. Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A, Project Budget and Description, to this contract,
the State will supervise and inspect all work performed hereunder and provide such engineering
inspection and testing services as may be required to ensure that the Project is accomplished in
accordance with the approved plans and specifications. All correspondence and instructions to the
contractor performing the work will be the sole responsibility of the State. Unless otherwise
specifically stated in Attachment A to this contract, all work will be performed in accordance with the
Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges
adopted by the State and incorporated herein by reference, or special specifications approved by the
State.
Article 9. Increased Costs
In the event it is determined that the funding provided by the Local Government will be insufficient to
cover the State's cost for perFormance of the Local Government's requested work, the Local
Government will pay to the State the additional funds necessary to cover the anticipated additional
cost. The State shall send the Local Government a written notification stating the amount of
additional funding needed and stating the reasons for the needed additional funds. The Local
Government shall pay the funds to the State within 30 days of the written notification, unless
otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the
additional funds, this contract shall be mutually terminated in accord with Article 11 - Termination. If
this is a fixed price agreement as specified in Attachment A, Project Budget and Description, this
provision shall only apply in the event changed site conditions are discovered or as mutually agreed
upon by the State and the Local Government.
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
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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.
Article 10. Maintenance
Upon completion of the Project, the State will assume responsibility for the maintenance of the
completed Project unless otherwise specified in Attachment A to this agreement.
Article 11. Termination
This agreement may be terminated in the following manner:
♦ by mutual written agreement and consent of both parties;
♦ by either party upon the failure of the other party to fulfill the obligations set forth herein;
♦ by the State if it determines that the performance of the Project is not in the best interest of the
State.
If the agreement is terminated in accordance with the above provisions, the Local Government will be
responsible for the payment of Project costs incurred by the State on behalf of the Local Government
up to the time of termination.
♦ 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.
Article 12. 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),
~ddressed to sucn party at tne roiiowing aaaresses.
Local Government:
State:
All notices shall be deemed given on the date so deliverea or so aepositea in tne r►iail, ul
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.
Article 13. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between the Local Government and the State, the latest agreement shall take
precedence over the other agreements in matters related to the Project.
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Article 14. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns, and
administrators of such other party in respect to all covenants of this agreement.
Article 15. Amendments
By mutual written consent of the parties, this contract may be amended prior to its expiration.
Article 16. State Auditor
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.
Whenever ARRA funds are used and the Local Government is performing any work, either directly or
through a contractor, it must comply with the following provisions. If a Local Government is receiving
ARRA funds, but is not performing any work, the following provisions apply, if appropriate, and to the
extent necessary to comply with ARRA regulations.
In accordance with Section 902 of the ARRA, should this agreement involve the expenditure of
ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to:
a. examine any records of the contractor or any of its subcontractors, or any State or local
agency administering such contract, that directly pertain to, and involve transactions relating to
the contract or subcontract; and
b. interview any officer or employee of the contractor or any of its subcontractors, or any State or
local agency administering the contract regarding such contracts.
Nothing in the section previously mentioned shalt be interpreted to limit or restrict in any way the
existing authority of the Comptroller General.
In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant awarded
using covered funds, any representative of an appropriate inspector general appointed under Section
3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized:
a. to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to and
involve transactions relating to the contract, subcontract, grant, or subgrant; and
b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency
regarding such transactions.
Section 1515(b) further provides that nothing in the section previously mentioned shall be interpreted
to limit or restrict in any way the existing authority of an inspector general.
The ARRA requires that the Contractor report monthly employment information for its firm as well as
that of all of its subcontractors. The Contractor, similarly, shall include this reporting requirement in
all of its subcontracts. Failing to include the requirement in agreements with subcontractors can
serve as grounds for contract termination.
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Form FHWA-1589, Monthly Emplovment Report, promulgated by the Federal Highway Administration
(FHWA), captures the necessary monthly employment information and shall be submitted by the
Contractor on a regular basis to the LG (Local Government). It is the responsibility of the LG to obtain
this form from the prime Contractor and any subcontractors and, the LG shall verify the accuracy,
completeness, and reasonableness of the data contained in the form. The LG shall ensure that this
form is submitted by the LG to the State according to the policies and at the direction of the State.
In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to the
State all information requested by the State, including data or information in possession of
contractors and subcontractors for completing other necessary reporting forms, and the information
shall be submitted in the manner required and according to all due dates as set by the State.
Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have authority to
examine the records of the contractor, subcontractor, or local agency relating to the project at any
time.
Article 17. 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.
Article 18. Debarment
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." 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.
Article 19. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate
counterparts to effectuate this agreement.
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
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District Engineer
THE LOCAL GOVERNMENT
Name of the Local Government
By
Typed or Printed Name and Titie
Date
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ATTACHMENT A
Payment Provision and Work Responsibilities
The Local Government will pay for the cost of the realignment of the north and south intersections of
FM 1507 with Collegiate Drive, Hot Mix Asphalt surface on Collegiate Drive and drainage
improvements. The intersection realignments will create a stop condition on FM 1507 (two places)
and remove the stop condition on Collegiate Drive (two places). The Local Government's
participation is 100% of the cost of this particular improvement. The Local Government's estimated
cost of this additional work is $300,000.00, including construction items, and engineering and
contingencies. The State has estimated the project to be as follows:
Description
Total
Estimate
Local
Participation
Local
Participation
Cost
%
Cost
%
Cost
Realignment of North
$30,000.00
0%
$0.00
100%
$30,000.00
Intersection
Realignment of South
$70,000.00
0%
$0.00
100°/o
$70,000.00
I ntersection
Hot Mix Asphalt
$45,000.00
0%
$0.00
100%
$45,000.00
Surface
Drainage
$155,000.00
0%
$0.00
100%
$155,000.00
Im rovements
Subtotal
$300,000.00
$0.00
$300,000.00
Direct State Costs
$0.00
0%
$0.00
100%
$0.00
(including plan review,
inspection and
oversi ht
Indirect State Costs
$0.00
0%
$0.00
0%
$0.00
(no local participation
required except for
service roects
TOTAL
$300,000.00
$0.00
$300,000.00
Direct State Cost will be based on actual charges.
Local Government's Participation (100%) _ $300,000.00
It is further understood that the State will include only those items for the improvements as requested
and required by the Local Government. This is an estimate only; final participation amounts will be
based on actual charges to the project.
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