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HomeMy WebLinkAboutO-2003-2639 Safe Routes to School Program Advance Funding Agreement with TXDOT RE UEST FOR CITY COUNCIL AGENDA ITEM Stephen L Barr Appropriation Agenda Date Requested: Requested By: of Funds: N/A Department: Account Number: Re ort: Resolution: Ordinance: X Amount Budgeted: Exhibits: Ordinance No. 2003- Amount Requested: N/A Exhibits: Advance FondiD2 A2reement Budgeted Item: YES NO X Exhibits: SUMMARY & RECOMMENDATION In June 2002 the City submitted a proposal to the Texas Department of Transportation, Safe Routes to School Program (TxDOT STEP) for a bicycle/pedestrian pathway along S. Broadway (Business SH146 and SH Spur501) from Fairmont Parkway southward to Fairfield Street. In March 2003 the City was awarded this project under the program. This Advance Funding Agreement is the first step in pursuing this project for the City of La Porte. The agreement provides the procedure for implementation of the scope of work. This project will be designed and installed entirely by The TxDOT Houston District Office. Total cost of the project is estimated to be $568,746. Federal funds will provide $454,997, with the matching share of$113,749 to be paid by TxDOT. Under terms of the agreement, the City will pay any costs over the projected budget in order to complete the project. Upon completion, the City will be responsible for maintenance of the project for a period of at least 10 years. Action Required bv Council: Consider approval of an ordinance authorizing the City Manager to execute an Advance Funding Agreement with the Texas Department of Transportation, Safe Routes to School Program for a bicycle/pedestrian pathway along S. Broadway (Business SH146 and SH Spur501) from Fairmont Parkway southward to Fairfield Street. Aooroved for City Council A2enda 'a dL/ (; -~ ~() 3 Date ORDINANCE NO. <<g- ~ (j 3q AN ORDINANCE AUTHORIZING AND APPROVING AN ADVANCE FUNDING AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A SAFE ROUTES TO SCHOOL PROJECT AWARD, PREPARATION AND CONSTRUCTION OF A BICYCLEIPEDESTRIAN PATHWAY ON BUSINESS SH146 AND SH SPUR50l FROM FAIRMONT PARKWAY TO FAIRFIELD STREET; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO mE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9TII day of June 2003. CITY OF LA PORTE By: ~d~~ Norman L. Malone, Mayor ATTEST: ~(fj:/fllL/1L(;;1 Martha Gillett, City Secretary AP~o;;;:I~ Knox W. Askins, City Attorney , rt.~.~: ~p~ /)J(~ a\ . :f~;~;--_. (fle~~ tJ Jo r'~ f]aJ2 r< T t!('~.r ~ce>ll .""......~i:..;-:._;=...,._...:::.___........._..:::;,_ .~~.. ~'..'./"/iI'''' .., ~~f1'I <\' " .' ;... County: Harris CSJ: OC;/2-71-P"7 Project No.: 0212025 Location: La Porte ~~ /tL~!t..=g_ .' - c' Ii" STATE OF TEXAS COUNTY OF TRAVIS ~ ~ MAR 8' cO~ "-OJ, - "-,,,;,_:i. 1 ADVANCE FUNDING-AGREEMENT.....----i 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 La Porte, 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 a Bicycle/Pedestrian Pathway on Business SH146 and SH Spur501, from Fairmont Parkway south to Fairfield Street, hereinafter called the Project; and 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, including safe routes to school programs, to implement its public purposes; and WHEREAS, Title 23 U.S.C. 9134 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, 9201.614 directs the State to establish the Safe Routes to School Program to enhance safety in and around school areas through AFA - Safe Rts2School Page 1 of 13 a construction program designed to improve the bicycle and the pedestrian safety of school age children; 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 109162 awarding funding for projects in the 2002 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) 9925.500 et seq.; and WHEREAS, the governing body of the Local Government has approved entering into this Agreement by resolution or ordinance dated 9 June 2003, 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 extinguish all rights, duties, obligations 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. AF A - Safe Rts2School Page 2 of 13 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 925.500 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 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 or amount of funding required to complete the Project or other material, required changes in the responsibilities of the parties. Such 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 8, Project Location Map, as described in the application and as approved by the Texas Transportation Commission, consists of preparation and construction of a bicycle pedestrian pathway along the aforementioned state highway rights of way from Fairmont Parkway on the northern end, to Fairmont Street on the southern end: providing separation from vehicular traffic; constructing a separate bridge structure at the Business SH146 crossing of Uttle Cedar Bayou. 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. AF A - Safe Rts2School Page 3 of 13 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. D. 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. E. 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. F. Reimbursement for real property costs will be made to the Local Government for real property purchased in an amount not to exceed eighty percent (80%) 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 eighty AF A - Safe Rts2School Page 4 of 13 percent (80%) 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. G. 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 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 notifying the appropriate utility company to schedule adjustments. 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. This may include, but is not limited to: 43 TAC 915.55 relating to Construction Cost Participation; 43 TAC 921.21 relating to State Participation in Relocation, Adjustment, and/or Removal of Utilities; and, 43 TAC 921.31 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; or b. per all applicable statutes or rules. Prior to letting a construction contract for the 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 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. AFA - Safe Rts2School Page 5 of 13 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. 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. 8. 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). 9. Engineering Services. Engineering services will be provided by the Texas Department of Transportation. 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 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 Hydraulic Design Manual, and the latest AF A - Safe Rts2School Page 6 of 13 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 eighty percent (80%) of the eligible authorized costs. 10. Construction Responsibilities a. The Texas Department of Transportation 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 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. AFA - Safe Rts2School Page 7 of 13 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. 11. 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. 12. 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, utilities, 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. Costs may be shifted between work categories after receiving written approval from the State. 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. C. The Local Government will be responsible for all non-federal participation costs associated with the Project, including any overruns in excess of the Project cost estimate and any operating or maintenance expenses. Donations of real property, cash, materials, and services required for the development of the Project may be eligible to count towards the local funding share of a project as in-kind contributions as long as the donation is not from the Local Government. In order to be considered as an eligible in-kind contribution, donations must be made by public, non-profit, governmental or non- governmental organizations. The value of the donated contributions of real property, materials, or services will be based on fair market value. In-kind donations of services are limited to preparation of plans, specifications and estimates, and may account for no more than ten percent (10%) of the allowable Project's cost. The remaining balance of the local contribution shall be in cash, donated real property or materials. The Local Government may also provide services or materials to reduce the overall cost of a Project, but it will not be considered as an in-kind contribution. AFA - Safe Rts2School Page 8 of 13 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 eighty percent (80%) of the actual cost of the work up to the amount of funds approved for the Project by the Texas Transportation Commission. 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. 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. The Local Government must advance to the State at least twenty (20%) of the Project construction and construction engineering costs. The amount to be advanced for this Project is estimated to be $0.00, including cash and allowable donations. F. 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. 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. 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. I. 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, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or 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 such 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 l'y expenses related to relocation, removal, or adjustment of eligible utilities. J .\ i0,N \ L. f}H-,4-v~ ~te...{r t:>. - Sl/9f~ At..{ j)N~~'..s r~ V/ S,'dAl /5 trl-ff'lcJ, eO -.to +11<> A\ V . aU 13. Notices ~(,.R..e-e.#teAt"r A-ND,s /Hlf-O-e. 1I-'fJ4I2-T ~Fft,(!>/lf-R.<<JHbI(r. Ca:! rfX 1fb All notices to either party by the other required under this agreement shall be :llr? I/JU delivered personally or sent by certified or U.S. mail, postage prepaid or sent by I electronic mail, (electronic notice being permitted to the extent permitted by law but AF A - Safe Rts2School Page 9 of 13 only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: State: Mr. Gary K. Trietsch, P.E. District Engineer Texas Department of Transportation P. O. Box 1386 Houston, Texs 77251-1386 or Mr. Stephen L. Barr, Director Parks & Recreation Department City of La Porte 1322 S. Broadway La Porte, TX 77571 7721 Washington Avenue Houston, Texas 77007 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. 14. 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. 15. 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. 16. 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. 17. Document and Information Exchange AFA - Safe Rts2School Page 10 of 13 The Local Government agrees to electronically del iver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft@ Word or similar document. If requested by the State, the Local 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. 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. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMS Circular A-8? 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 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. 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. AFA - Safe Rts2School Page 11 of 13 23. Office of Management and Budget (OM B) 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. 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 9710.405(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 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. AFA - Safe Rts2School Page 12 of 13 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. 91352 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. 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. 3 -i-Dt dM By: Title: City Manager Date: 9 June 2003 APP~OVED AS T~ FORMl. -'V~lI'tV ~~'7~ 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. Knox W. Askins, City Attorney By: Date: AF A - Safe Rts2School Page 13 of 13 ATTACHMENT A RESOLUTION/ORDINANCE OF LOCAL GOVERNMENT Page 1 of 2 Attachment A CITY OF LA PORTE RESOLUTION~O, 02- .31 A RESOLUTION OF THE CITY OF LA PORTE APPROVING THE SUBMITTAL OF AN APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION SAFE ROUTES TO SCHOOL PROGRAM FOR A PROJECT NOMINATION PROVIDED BY TRANSPORTATION CODE ~201.614, ENACTED BY THE TEXAS LEGISLATURE. WHEREAS, the City of La Porte, Texas desires to submit an application to the Texas Department of Transportation Safe Route to School Program for provision of a safe route to school along SH Business 146, from Fairmont Parkway to the end "of SH Spur 501, located primarily within the yorporate limits of the City of La Porte; and - . .-- ~ . WHEREAS, the Safe Routes to School Program is designed to improve the bicycle and pedestrian safety of school age children; and WHEREAS, the Program proposed will be beneficial to school children and residents of the City of La Porte by reducing the potential for child injuries and fatalities; and WHEREAS, the Program proposed would encourage walking and bicycling among students; and WHEREAS, the City desires to establish its commitment to pledge funding to assist the Program in accordance with the Texas Safe Route to School Program guidelines as delineated in the accompanying application, should the project be approved; THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LA PORTE that the City Manager is authorized to execute all documents necessary for the submission of the project designated and attached hereto. PASSED AND APPROVED, this 28th day of October 2002. ATTEST: Lj}JalJ~~ I1ALuj MartHa Gillett, City Secretary 4 OF LA PORTE By: mt~~ Norman . Malone, Mayor APPRO~ED AS TO FO~M1 ~U/ ~~~ Knox W" Askins, City Attorney ORDINANCE NO. ~- ~ (j 31 AN ORDINANCE AUTHORIZING AND APPROVING AN ADVANCE FUNDING AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A SAFE ROUTES TO SCHOOL PROJECT AWARD, PREPARATION AND CONSTRUCTION OF A BICYCLEIPEDESTRIAN PATHWAY ON BUSINESS SH146 AND SH SPUR501 FROM FAIRMONT PARKWAY TO FAIRFIELD STREET; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereofhas been discussed, considered and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 91H day of June 2003. CITY OF LA PORTE By: ATTEST: ~af/}/~./(!Lttl Martha Gillett, City Secretary APP~~ AS TO FORM: j -D&rJi pJ a~ Knox W. Askins, City Attorney ATTACHMENT B PROJECT LOCATION MAP Page 1 of 2 Attachment B TxDOT Safe Routes to Schools Proposed project - City of La Porte! La Porte Independent School District. LEGEND ~-'f]~ 01 ~ "'0 Vl o o ..c: u U) I o ....... I V"l CJ ....... :J o cr:. l Cl.l ...... ro U) ,...,.,.. z o l-l ~ I..U cr:. U I..U cr:. ro U) ~ cr:. 4.: Cl. ,...,.,.. U) I- Z w :E I- CL <( 0- W ,-. \-J '""'" ,...>>.- ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS ITEMIZED BUDGET Quantity Unit Price Cost P r. E. re ImlOary nglOeenng: Environmental -0- PS&E -0- I I Total Preliminary Engineering Costs -0- R" ht f W Igl 0 ay: Right of Way -0- Utilities -0- Total Right of Way Costs -0- Construction: Construction 472,440 Construction Engineering 56,362 Mobilization & Barricades, Signs, Traffic Handling 39,944 I I Total Construction Costs 568,746 T otalltemized Budget $ 568.746 Total Itemized Budget In-Kind Contributions (If applicable): Real Property Materials Preliminary Engineering (limited to 10% of Line 6, Total Value of Project) Total In-Kind Contributions (Add lines 2 through 4) Total Value of Project (Line 1 + Line 5) Local Match: 20% of Total Value of Project (Line 6) Less In-Kind Contributions (Line 5) Local Match (Line 7 less Line 8) (by State) Federal Funds Requested (Line 6 less Line 7) cannot exceed 80% of Line 6 or $500,000, whichever is less Paqe 1 of 1 Attachment C Attachment 0 - State Auditor's Provision a/ J /1 ? jllll .~6(r 3 ~+--D~ 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. ATTACHMENT B PROJECT LOCATION MAP Page 1 of 2 Attachment 8 TxDOT Safe Routes to Schools Proposed Project - City of La Porte/ La porte Independent School District. LEGEND !ill Portion of Rout<! to . BllyshNe c<ementllfY Portion of Rout<! to La Porte 8e.me~tary f ~r. kl9. h & t..o Porte SF. ~chtK)~~ not incJ<..l:ded Ol ~ -0 ~ o o ;.e:;-, u (j) I o .. tJ')1 Q) .. :::J o 0::: I ~ CO (j) ....... Z o ..... ~ UJ 0::: U UJ 0::: <Xi (j) ~ 0::: <t: 0.. ....... (f) t- Z UJ :E t- o::: <t: 0.. UJ o >- t- ..... U ....... (f) t- ..... cO ...... ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS ITEMIZED BUDGET Unit Price Cost Preliminary Engineering: I Environmental I -0- -0- PS&E I I Total Preliminary Engineering Costs -0- -0- -0- Construction: I Construction I I Construction Engineering I Mobilization & Barricades, Signs, Traffic Handling I I I ~ Total Construction Costs 472,440 56 362 44 1568,746 Total Itemized Budget $ 568,746 Total Itemized Budget In-Kind Contributions (If applicable): Real Property Materials Preliminary Engineering (limited to 10% of Line 6, Total Value of Project) Total In-Kind Contributions (Add lines 2 through 4) Total Value of Project (Line 1 + Line 5) Local Match: 20% of Total Value of Project (Line 6) Less In-Kind Contributions (Line 5) Local Match (Line 7 less Line 8) (by State) Federal Funds Requested (Line 6 less Line 7) cannot exceed 80% of Line 6 or $500,000, whichever is less PaQe 1 of 1 Attachment C