The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 04-1560 CITY OF THE COLONY, TEXAS AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN A LOCAL TRANSPORTAION PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION, PROVIDING FOR THE DESIGN, CONSTRUCTION AND FUNDING FOR CERTAIN ROADS IN AUSTIN RANCH; ATTACHING THE APPROVED FORM OF AGREEMENT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City, a Local Transportation Project Advance Funding Agreement with thc Texas Department of Transportation, providing for thc design, construction and funding for certain roads in Austin Ranch. The approved form of agreement is attached hereto as Exhibit "A:, and made a part hereof for such purposes. SECTION 2. This ordinance shall take effect immediately from and after its passage by the City Council of the City of The Colony, Texas. DULY PASSED AND APRO~ED by the City Council of the City of The Colony, Texas this 7 day of ~Ln~e- · ,2004 ~hn Dillard, Mayor ~ ~ Cty S ecreta//~/~A~<9~'' a~e~ tr~ttomey CS J: 0918-46- _~3-~ Austin Ranch: East Arbor Hills, Staggs, Leap and Sumner Denton County Funding Category: STP-MM STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a STP-MM Project (Off State System) THIS Local Project Advance Funding Agreement (LPAFA)is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of The Colony, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order I~-~0~o~, that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering nto this LPAFA by ,resolution or ordinance dated ~t~._. '7 ,.:~--~ which '- ..~,A_,._., ,_ ...... , -- , o ,~,~v.uu r~ere[o ana maae a art n.ereof as Attachment A for development of the slJecific project which is identified in the IocatioPn m ShOWn as Attachment B. ap NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as construction of new city streets in Austin Ranch - East Arbor Hills, Staggs, Leap and Sumner. AFA - LPAFA OffSys Page 1 of 6 Revised 8/1/03 CS J: 0918-46- ~9~- Austin Ranch: East Arbor Hills, Staggs, Leap and Sumner Denton County Funding Category: STP-MM 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the Local Government, as stated in the Master Agreement, without exception. The Local Government is responsible for performance of any required architectural or preliminary engineering work. The State Shall review and comment on the work as required to accomplish the public purposes of the State. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities will be carried out by the Local Government, as stated in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non-federal and non-State funding, including all project cost overruns, unless provided for through amendment of this agreement. d. After execution of this LPAFA, but prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation "in the amount specified in Attachment C as the local contribution for State review of Preliminary Engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering as stated in the Local Project Sources and Uses of Funds provision of the Master Agreement. 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 any others costs owing. 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. 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 AFA - LPAFA OffSys Page 2 of 6 Revised 8/1/03 · ~ ~ CS J: 0918-46-~-~ Austin Ranch: East Arbor Hills, Staggs, Leap and Sumner Denton County Funding Category: STP-MM or replats, result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the local entity. h. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. 13. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a 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. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: S~---'~ ~ (ignature) Title: _z.,,.J 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: /~amce Mul'lenix ' ' ~'Director of Contract Services Section Office of General Counsel Texas Department of Transportation Date: . ~,~. AFA- LPAFA OffSys Page 3 of 6 Revised 8/1/0:~ ' ///