2010-093 RES APPROVING AN ADVANCE FUNDING AGREEMENT FOR SAFE ROUTES TO SCHOOL PROJECT BETWEEN THE CITY OF PARIS AND TXDOT FOR CHILDREN TO WALIK TO SCHOOLRESOLUTI0111 NO. 2010-093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
APPROVING AN ADVANCE FUNDING AGREEMENT FOR A SAFE ROUTES
TO SCHOOL PROJECT BETWEEN THE CITY OF PARIS, TEXAS AND THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR THE SAFE ROUTES TO
SCHOOLS INFRASTRUCTURE GRANT PROGRAM FOR INFRASTRUCTURE
IMPROVEMENTS TO CREATE A SAFE ENVIRONMENT FOR CHILDREN TO
BE ABLE TO WALK OR RIDE BIKES TO AND FROM SCHOOLS IN THE
PARIS INDEPENDENT SCHOOL DISTRICT; AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR
THE IMPLEMENTATION OF THIS PROJECT; MAKING OTHER FINDIIVGS
AND PROVISIONS RELATED TO THE SUBjECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Texas Department of Transportation through the Safe Routes to
Schools Infrastructure Grant Program provides funding for infrastructure projects, and the
City of Paris wishes to apply for grant funds to provide infrastructure improvements such
as sidewalks, crosswalks, signs and bike lanes to provide a safe environment for children to
be able to walk or ride bikes to and from schools in the Paris Independent School District;
and,
WHEREAS, on September 29, 2008, the City Council of the City of Paris conducted a
public hearing and adopted Resolution No. 2008-079 supporting the Safe Routes to Schools
Master Plan with the majority of infrastructure to be constructed on City right-of-ways in
the areas of Crocket Middle School and Justiss Elementary School.
WHEREAS, on November 9, 2009 the City Council approved the application to the
Texas Department of Transportation for the Safe Routes to Schools Infrastructure Grant
Program in the amount of $500,000.00 to fund infrastructure improvements to create a
safe environment for children to be able to walk or ride bikes to and from schools in the
Paris Independent School District; and,
WHEREAS, the grant has been awarded to the City of Paris and the Advance
Funding Agreement for a Safe Routes to School Project, attached hereto as Exhibit A, should
be approved and the City Manager be authorized to execute said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. The Advance Funding Agreement for A Safe Routes To School Project
between the City of Paris, Texas and the Texas Department of Transportation attached
hereto as Exhibit "A", be, and the same is hereby approved to provide infrastructure
improvements for a safe environment for children to be able to walk or ride bikes to and
from schools in the Paris Independent School District.
Section 4. The City Manager be, and he is hereby authorized and directed to
execute on behalf of the City of Paris said Advance Funding Agreement.
DULY PASSED AND APPROVED this 13th day of September, 2010.
ATTEST:
J nice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, ' Attorney
i Biard, Mayor
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STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
FOR A SAFE ROUTES TO SCHOOL PROJECT
This Advance Funding Agreement for a safe routes to school project (the 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, the Local Government prepared and submitted to the State an application for
consideration under the Safe Routes to School Program for the project which is briefly
described as City of Paris Safe Routes Infrastructure Improvements, hereinafter called
the Project; and
WHEREAS, federal law establishes federally funded programs for transportation
improvements, including safe routes to school programs, to implement its public purposes;
and
WHEREAS, Title 23 U.S.C. §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, §201.614 directs the State to establish the
Safe Routes to School Program to enhance safety in and around school areas through a
construction program designed to improve the bicycle and the pedestrian safety of school
age children; and
WHEREAS, Texas Administrative Code Title 43, Part 1, Chapter 25, Subchapter I, §25.500
- 25.505 directs the State to implement the Safe Routes to School Program to enhance
safety in and around school areas through a comprehensive program designed to improve
the bicycle and pedestrian safety of school age children; encourage a healthy and active
lifestyle from an early age; enable and encourage children, including those with disabilities,
to walk and bicycle to school; and to facilitate projects and activities that will improve safety
and reduce traffic, fuel consumption, and air pollution in the vicinity of schools; 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 Texas Transportation Commission passed Minute Order 112268 awarding
funding for projects in the 2009 Program Call, including the Project; and
WHEREAS, the rules and procedures for the selection and administration of the Safe
Routes to School Program are established in 43 Texas Administrative Code (TAC) §§25.500
et seq.; and
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WHEREAS, the governing body of the Local Government has approved entering into this
Agreement by resolution or ordinance dated , which is attached
hereto and made a part hereof as Attachment A;
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 Agreement
This Agreement becomes effective when signed by the last party whose signing makes
the Agreement fully executed. This Agreement shall remain in effect until terminated as
provided in Article 2.
2. Termination of this Agreement
This agreement may be terminated by any of the following conditions:
• by mutual written consent and agreement of all parties.
• by any party with 90 days written notice.
• by either party, upon the failure of the other party to fulfill the obligations as set forth
in this Agreement. Any cost incurred due to such breach of contract shall be paid by the
breaching party.
A. The termination of this Agreement shall extinguisn ali rights, duties, obiigations and
liabilities of the State under this Agreement. If the potential termination of the
Agreement is due to the failure of the Local Government to fulfill its contractual
obligations, the State will notify the Local Government that possible breach of
contract has occurred. The Local Government should make every effort to remedy
the breach within a period mutually agreed upon by both parties.
B. If the Local Government withdraws from the Project after this Agreement is executed,
it shall be responsible for all direct and indirect Project costs as identified by the
State's cost accounting system.
C. A Project may be eliminated from the program as outlined below. If the Project is
eliminated for any of these reasons, this Agreement will be appropriately terminated.
A Project may be eliminated from the program, and this Agreement terminated, if:
i. The Local Government fails to satisfy any requirements of the program rules cited
as 43 TAC §25.500 et seq.
ii. The implementation of the Project would involve significant deviation from the
activities as proposed in the application.
iii. The Local Government withdraws from participation in the Project.
iv. The Project is not let to contract or if utilizing local forces, construction has not
begun by a date three (3) years from project award notification.
v. The State determines that federal funding may be lost due to the Project not being
implemented and completed.
3. Amendments
This Agreement may be amended due to changes in the work, amount of funding
required to complete the Project or changes in the responsibilities of the parties. Such
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amendment must be made through a mutually agreed upon, written amendment that is
executed by the parties.
4. Scope of Work
The scope of work for the Project, which is at the location shown in Attachment B, Project
Location Map, as described in the application and as approved by the Texas Transportation
Commission, consists of Installation of sidewalks, siqnaqe, and pavement markinqs for
creatinq safe routes for children travelinq to and from Justiss Elementarv and
Crockett Intermediate Schools.
5. Right of Way and Real Property Acquisition
Right-of-way and real property acquisition shall be the responsibility of the Local
Government. 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 the project site under this
Agreement, 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.
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.
A. The Local Government shall assume all costs and perform necessary requirements to
provide any necessary evidence of title or right of use in the name of the Local
Government to the real property required for development of the Project. The
evidence of title or rights shall be acceptable to the State, and be free and clear of all
encroachments. The Local Government shall secure and provide easements and
any needed rights of entry over any other land needed to develop the Project
according to the approved Project plans. The Local Government shall be responsible
for securing any additional real property required for completion of the Project.
B. In the event real property is donated to the Local Government after the date of the
State's authorization, the Local Government will provide all documentation to the
State regarding fair market value of the acquired property. The State will review the
Local Government's appraisal, determine the fair market value and credit that amount
towards the Local Government's financial share. The State will not reimburse the
Local Government for any real property acquired before execution of this agreement
and the State's issuance of a letter of funding authority.
C. The Local Government shall prepare real property maps, property descriptions, and
other data as needed to properly describe the real property and submit them to the
State for approval prior to the Local Government acquiring the real property.
Tracings of the maps shall be retained by the Local Government for a permanent
record.
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The Local Government agrees to make a determination of property values for each
real property parcel by methods acceptable to the State and to submit to the State a
tabulation of the values so determined, signed by the appropriate Local Government
representative. The 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
calculating all determined values. Expenses incurred by the Local Government in
performing this work may be eligible for reimbursement after the Local Government
has received written authorization by the State to proceed with determination of real
property values. The State will review the data submitted and may base its
reimbursement for parcel acquisitions on these values.
D. Condemnation shall not be used to acquire real property for this Project. However,
real property that was acquired prior to 1991 through eminent domain and in
accordance with applicable state and federal laws, may be used for project purposes.
E. Reimbursement for real property costs will be made to the Local Government for real
property purchased in an amount not to exceed one hundred percent (100%) of the
cost of the real property purchased in accordance with the terms and provisions of
this agreement. Reimbursement will be in an amount not to exceed one hundred
percent (100%) of the State's predetermined value of each parcel, or the net cost
thereof, whichever is less. In addition, reimbursement will be made to the Local
Government for necessary payments to appraisers, expenses incurred in order to
assure good title, and costs associated with the relocation of displaced persons and
personal property as well as incidental expenses.
F. If the Project requires the use of real property to which the Local Government will not
hold title, a separate agreement between the owners of the real property and the
Local Government must be executed prior to execution of this Agreement. The
separate agreement must establish that the Project will be dedicated for public use
for a period of not less than 10 (ten) years after completion. The separate agreement
must define the responsibilities of the parties as to the use of the real property and
operation and maintenance of the Project after completion. This agreement must be
approved by the State prior to its execution. A copy of the executed agreement shall
be provided to the State.
6. 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.
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7. 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.
A. The Local Government is responsible for the identification and assessment of any
environmental problems associated with the development of the Project.
B. The Local Government is responsible for the cost of any environmental problem's
mitigation and remediation.
C. The Local Government is responsible for providing any public meetings or public
hearings required for development of the environmental assessment.
D. The Local Government shall provide the State with written certification from
appropriate regulatory agency(ies) that identified environmental problems have been
remediated.
These costs will not be reimbursed or credited towards the Local Government's financial
share of the Project unless specified in the application and approved by the State.
8. Certification
Forty five (45) days prior to any construction contract let date, the Local Government
shall provide a certification to the State that all real property has been acquired, all
environmental problems have been remediated, and all conflicting utilities have been
adjusted.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this agreement shall ensure that the plans for and the construction of the
project subject to this 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).
10. Engineering Services
Engineering services will be provided by the Local Government. 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
Government Code 2254, Subchapter A, in all cases. Professional services contracts for
federally funded projects must conform to federal requirements.
A. The engineering plans shall be developed in accordance with the State's applicable
Standard Specifications for Construction and Maintenance of Highways, Streets and
Bridges. All roadway improvement designs for on-system highways must comply with
the latest version of TxDOT manuals, including but not limited to, the Roadway
Design Manual, the Pavement Design Manual, the Hydraulic Design Manual, the
Texas Manual on Uniform Traffic Control Devices, and the latest versions of the
Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the Texas
Accessibility Standards (TAS). All roadway improvement designs for off-system
roads must comply with the minimum standards of the latest version of AASHTO
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Policy on Geometric Design of the Highways and Streets, the Texas Manual on
Uniform Traffic Control Devices, and the latest versions of the Americans with
Disabilities Act Accessibility Guidelines (ADAAG) and the Texas Accessibility
Standards (TAS). All bicycle path and bicycle lane designs must comply with the
latest version of the AASHTO Guide for the Development of Bicycle Facilities, the
Texas Manual on Uniform Traffic Control Devices, the Hydrautic Design Manual, and
the latest versions of the Americans with Disabilities Act Accessibility Guidelines
(ADAAG) and the Texas Accessibility Standards (TAS). For new shared bicycle
lanes on a signed, designated bicycle route, the minimum lane width must be 14 feet,
measured from the existing center stripe to the curb or shoulder, where applicable.
All contract procurement procedures and documents must adhere to the applicable
requirements established in the Standard Specifications for Construction and
Maintenance of Highways, Streets and Bridges. The use of other systems of
specifications shall be approved by the State in writing in advance.
B. The Local Government shall submit any plans it has completed to the State for review
and approval. The Local Government may also submit the plans to the State for
review anytime prior to completion. The Local Government shall make the necessary
revisions determined by the State. The Local Government will not let the construction
contract until all required plans have received State approval.
C. The Local Government shall submit to the State all documentation relating to
authorized costs incurred for providing engineering services. Reasonable, allowable,
and allocable costs incurred by the Local Government, after the Local Government
has obtained written authorization from the State to incur costs, will be eligible for
reimbursement at an amount not to exceed one hundred percent (100%) of the
eligible authorized costs.
11. Construction Responsibilities
A. The Local Government shall advertise for construction bids, issue bid proposals,
receive 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.
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
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bidding documents. If force account work will be performed, a finding of cost
effectiveness shall be made in compliance with 23 CFR Part 635, Subpart B.
Any field changes, supplemental agreements or revisions to the design plans that may
occur after the construction contract is awarded will be mutually agreed to by the State
and the Local Government prior to authorizing the contractor to perForm the work. Prior to
completion of the Project, the party responsible for construction will notify the other party
to this Agreement of the anticipated completion date. All parties will be afforded the
opportunity to assist in the final review of the construction services performed by the
contractor.
12. Project Maintenance
Upon completion of the Project, the Local Government will be responsible for maintaining
the completed facility for public use for a period of at least ten (10) years. Any
manufacturer warranties extended to the Local Government as a result of the Project
shall remain in the name of the Local Government. The State shall not be responsible
for honoring any warranties under this agreement.
13. Local Project Sources and Uses of Funds
A. Project Cost Estimate: A Project Cost Estimate and Payment Schedule is provided
in Attachment C, showing the total estimated development cost of the Project. This
estimate shows the itemized cost of real property, environmental assessments and
remediation, engineering activities, construction, and any other substantial items of
cost. To be eligible for reimbursement, costs must have been included in the
itemized budget section of the application approved by the Texas Transportation
Commission. The State and the Federal Government will not reimburse the Local
Government for any work performed before the issuance of a formal Letter of
Authority by the Federal Highway Administration. The Local Government is
responsible for 100% of the cost of any work performed under its direction or control
before the federal Letter of Authority is formalty issued.
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 perforrn 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.
B. A Source of Funds estimate is also provided in Attachment C. Attachment C shows
the percentage and absolute dollar amounts to be contributed to the Project by
federal and local sources.
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C. lf the project is not on the State Highway System, the Local Government may be
responsible for all non-federal and non-state participation costs associated with the
Project. Over run funding of up to fifteen percent (15%) in excess of the approved
project construction cost may be approved by the State. The Locai Government is
responsible for any overruns not approved by the State and any operating or
maintenance expenses.
D. The State will be responsible for securing the federal share of funding required for
the development and construction of the Project, in an amount not to exceed one
hundred percent (100%) of the actual cost of the work up to the amount of
construction funds approved for the Project by the Texas Transportation
Commission and one hundred percent (100%) of the project development cost .
Federal funds will be reimbursed on a cost basis. Project costs incurred prior to
Project selection by the Texas Transportation Commission and approval by the
State to proceed are not eligible for reimbursement.
E. In the event the State determines that additional funding is required by the Local
Government at any time during the development of 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.
F. Whenever funds are paid by the Local Government to the State under this
agreement, the Local Government will 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. Until the
final project accounting, funds in the escrow account may only be applied by the
State to the Project.
G. Upon completion of the Project, the State will perform an audit of the Project costs.
Any funds due by the Local Government, the State, or the Federal Government will
be promptly paid by the owing party. 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.
H. In the event the Project is not completed, the State may seek reimbursement from
the Local Government of the expended federal funds. The Local Government will
remit the required funds to the State within sixty (60) days from receipt of the State's
notification.
1. The State will not pay interest on any funds provided by the Local Government.
J. The State will not execute the contract for the construction of the Project until the
required funding has been made available by the Local Government in accordance
with this Agreement.
K. If any existing or future local ordinances, commissioners court orders, rules,
policies, or other directives, including but not limited to outdoor advertising
billboards and storm water drainage facility requirements, are more restrictive than
State or Federal Regulations, or if any other locally proposed changes, including but
not limited to plats or replats, result in increased costs, then any increased costs
associated with the ordinances or changes will be paid by the local government.
The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent
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domain proceedings, including but not limited to expenses related to relocation,
removal, and adjustment of eligible utilities.
L. 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.
M. 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.
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:
Director of Contract Services
Texas Department of Transportation
125 E. 11th
Austin, Texas 78701
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 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.
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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 as required by the State. The originals shall remain the
property of the Local Government.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. Inspection of Books and Records
The parties to this 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.
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Whenever American Recovery and Reinvestment Act of 2009 (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.
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.
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 shall be interpreted to limit or restrict in any
way the existing authority of the Comptroller General.
In accordance with Section 1515(a) of the ARRA, with respect to each 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.
Form FHWA-1589, Monthly Employment 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
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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 forrn 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 inforrnation 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.
24. 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 A-133.
Whenever funds from the 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.
25. 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).
26. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise Program
requirements established in 49 CFR Part 26.
27. 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." By executing this agreement, the Local Government 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
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contract to certify its eligibility to receive Federal funds and, when
State, to furnish a copy of the certification.
requested by the
28. Lobbying Certification
In executing this 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 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.
Submission of this certification is a prerequisite imposed by Title 31 U.S.C. §1352 for
making or entering into this transaction. 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.
29. 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.
30. 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.
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THE LOCAL GOVERNMENT
By:
(Signature)
Title:
Date:
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission
for the purpose and effect of activating and/or carrying out the orders, established policies or
work programs heretofore approved and authorized by the Texas Transportation
Commission.
By
Carol Rawson, P. E., Director
Traffic Operations Division
Date:
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ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
Page 1 of 1 Attachment A
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ATTACHMENT B
PROJECT LOCATION MAP
Page 1 of 1 Attachment B
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ATTACHMENT C
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
AFA AFA SafeRts2School 1 of 1 06/23/10
Attachment C
Form 2335
(Df3/09)
Page 1 oi 1
Praject Number.
(FOr TxDOT use only)
Detailed Construction Cost Estimate
Total points available - 15
I
Pro'ect T e
p.
Und
Unit Pnce
Requested SRTS
EundinB
Commttted
Loqi Funds
Total Cos1i
Pre of Ri ht of Wa
~TRAIL R.O.W. pREPARATION
1417.00
LF
2.35
3329.95
3329.95
'REMOVE AND OISPOSE OF EXIST. CONC.
927.00
SY
i5.75
14600.25
14600.25
'SAW CUT EXI57. CONC. DRNE.CURB
7826.00
LF
8,00
14608.00
14608.00
FSMALLCL4ERWGANDGRUBBING
0.092
AC
4600.00
423.20
42320
Materials
DRIVEWAY REPLACEMENT
783.00
SY
35,00
27405.00
27405.00
ICONCRETE FOR 4' WIDE SIDEWALKS
5263A0
LF
16.50
8683950
86839.50
CONCRETE FOR 12' WIDE SIDEWALKS
650.00
LF
49.00
3'I B50.00
31850.00
ADA A CURB R,4MP
41,00
EA
850.00
34850.00
34850.00
STRIPING FOR CROSS WALK (6' WIDE
727.00
LF
19.20
13958.40 i
13958.40
ISTRIPING FOR SCHOOL ZONE
168.00
LF
7.75
1302.00
1302.00
PAINTED WALK ZONE IN PARKING LOT
540.00
SF
2.00
1080.00
1080.00
!RUMBLE STRIPS IN EXISTING PAVEMENT
504.00
Lf
13.00
6552.00
6552.00
INON-FLASHINGSCHOOLZONESIGN
37.00
EA
500.00
18500.00
18500.00
iFLASHING"SHOOLZONE"SIGN
5.00
EA
4338.52
21692.60
21692.60
ADARAt~1P
98.00
LF
16.50
1617.00
1617.00
HAND RAILS
236.00
LF
90.00
21240.00
21240.00
BIKE RACK 38 BIKES)
2.00
EA
1760.00
3520.00
3520.00
RETAfNING WALL
110,00
LF
95.00
10450.00
10450.00
BIKE LANE PROFILE STRIPING
3102.00
LF
2.25
6979.50
6979.50
BIKE LANE SYMBOL
7.00
EA
400.00
2800.00
2800.00
4" COMPACTED FLEX BASE 16'WIDE
516,00
TN
25.85
13338.60
13338.60
~2" HMAC WEARING SURFACE 12' WIDE
1844.00
SY
6.00
11064.00
11064.00
~
..i..' .t ♦ha a4 .
OtherConsWctionEx enses
TRAFFIC CONTROL
2,00
LS
2000
4000
4000 i
MOBILIZATION
2.00
LS
4000
B000
8000
ITotals
18807.09
18852.67
360000
360000
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
This isan estimate oNy, final participation amounts will be hased on actual charges to the project.
Descrition Re uested
Committed
ToWI
SRTS
Lacal
Es[imated
I
Fundin
Funds
Cost
Y
ineerin PS&E Develo ment)
Prelimina En
74000
0
74000.00
Environmenlai (no cash contribufion
12000
0
12000.00
Ri bl ot Wa RO
0.00
0
O.OD
Gotisl~uckioniTtitals•hon74tM1,brksHeet
380000
0
360000
SUBTQTAL
446000
0
446000
ConsVUCtion Contln encies
54000
0
54000
TOTAL
500000
0
500000
Provide detailed wnsWclion cost estimate intormation presentty available. Use Appendix C:
"Detailed ConstruGion Cost Estimate,"include in this appiication (an examRle construc6on cost
eslimale is also provided). Please note: whlte all authorized prqect co51s are eiigable for federal
reimbursement and must be shovm above: The amounl af projed award will onfy be for
consWCtion cosL B applicabie, please list any adcritionat funding resources availabie that will
augment Ne inFrastructure project anddescnbe how tliese funtls will be allocaled.
NOTE: Please transfer Me totals fran the Detailed ConsWCiion Cosl Estimale Worksheel m lhe
wrcespon0ing columns under this ProjeIX Budget Estlmate Worksheet.
Safe Routes to School Program (SRTS)
lnfras[ructure Project Applica6on