HomeMy WebLinkAboutResolution No. 2012-012
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2012-
A, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A
LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING
AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR MAINTENANCE OF THE SOUND WALL TO
BE CONSTRUCTED IN CONJUNCTION WITH THE WIDENING OF
HAIN STREET (F.M. 423); ATTACHING THE AGREEMENT HERETO
AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE
AVHEREAS, the City and the Texas Department of Transportation have entered into an
LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT such that the
City, at the City's expense, will maintain the sound wall to be constructed on Main Street in
conjunction with the widening of Main Street (F.M. 423) ; and,
WHEREAS, the project has been approved by the Texas Transportation Commission
and the Regional Transportation Council at the North Texas Council of Governments for funding
under the Memorandum of Understanding from regional toll revenue (RTR) for the S.H. 121 toll
project; and,
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the agreement with the Texas Department of Transportation, which is attached hereto and
incorporated herein by reference as Exhibit "A," under the terms and conditions provided
therein.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. The Local Transportation Project Advance Funding Agreement, which is
attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the
City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby
authorized to execute the Agreement on behalf of the City of The Colony, Texas.
Section 2. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED, APPROVED and EFFECTIVE this 7th day of February, 2012.
Jo cCourry, ayor
rty of The C lony, Texas
ATTEST:
~u-
Christie ilson, City Secretary
APPROVED AS TO FORM:
Jeff Moore, ity Attorney
CSJ 1567-02-020
District 18 - Dallas
Code Chart 64 09180
Project: FM 423
Limits: from Stewarts Creek Road to SH 121
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT FOR
VOLUNTARY MAINTENANCE BY A LOCAL GOVERNMENT
(On-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, called the "State", and the
City of the Colony, acting by and through its duly authorized officials, called the "Local Government."
WITNESSETH
WHEREAS, a Master Agreement Governing Local Transportation Project Advance Funding
Agreements (MAFA) between the Local Government and the State has been adopted, effective
September 14, 2000, and states the general terms and conditions for transportation projects
developed through this LPAFA; and,
WHEREAS, Commission Minute Order Number 112603 authorizes the State to undertake and
complete a highway improvement generally described as the widening of FM 423 from a 4-lane to a
6-lane divided urban roadway from Stewarts Creek Road to SH 121 to include a base sound wall with
aesthetic enhancements in the City of The Colony; and,
WHEREAS, the Local Government, upon completion of the aesthetic enhancement sound wall by the
State, desires to maintain the aesthetically enhanced sound wall within the State right of way along
FM 423 from Stewarts Creek Road to SH 121, a roadway on the state highway system; and
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA for
maintenance of the Project that is identified in the location map shown as Attachment A;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, to be by them respectively kept and performed as set forth in this agreement, it is
agreed as follows:
AGREEMENT
1. Period of the Agreement
The period of this LPAFA is as stated in the MAFA, without exception.
2. Termination of this LPAFA
Termination of this LPAFA shall be under the conditions as stated in the MAFA, without
exception.
AFA-LPAFA-VoIMntLG Page 1 of 4 Rev. 04/01/11
CSJ 1567-02-020
District 18 -Dallas
Code Chart 64 09180
Project: FM 423
Limits: from Stewarts Creek Road to SH 121
3. Amendments
Amendments to this LPAFA shall be made as described in the MAFA, without exception.
4. Scope of Work
The scope of work and project limits for this LPAFA are described as:
The maintenance, by the Local Government at no cost to the State, of the aesthetically enhanced
sound wall of cast stone images, multi-tone painting, custom form liners, art panels and light
fixtures within the State right of way along FM 423 from Stewarts Creek Road to SH 121. The
Local Government shall maintain and repair the sound wall, to include but not limited to
vandalism, painting and graffiti removal, all damages inflicted by vehicles and/or objects, and all
damages caused to the sound wall during the course of the Local Government's maintenance
activities. For the purpose of this Agreement, the maintenance of the sound wall by the Local
Government shall mean to keep the sound wall in a condition of repair satisfactory to the State.
The Local Government shall not be responsible for the remedy, repair of any structural or design
defect, structural integrity of the sound wall and the replacement of the sound wall due to
structural and or design failures or as a result of age, as those activities shall be performed as
necessary by the State at no cost to the Local Government.
The Local Government, its employees, agent and contractors shall have access rights to the
State right of way in order to maintain and repair the sound wall.
5. Right of Way and Real Property
This document does not convey any real property interests.
6. Utilities
Not applicable.
7. Environmental Assessment and Mitigation
Not applicable.
8. Compliance with Texas Accessibility Standards and ADA
Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will
be as stated in the MAFA, without exception.
9. Architectural and Engineering Services
Not applicable.
10. Construction Responsibilities.
Not applicable.
11. Project Maintenance
The State will notify the Local Government, in writing, if the State determines that the Local
Government is not maintaining the Project in accordance with this agreement. The Local
Government will have thirty (30) days to cure. If the non-compliance is not cured within thirty (30)
AFA-LPAFA-VolMntLG Page 2 of 4 Rev. 04/01/11
CSJ 1567-02-020
District 18 -Dallas
Code Chart 64 09180
Project: FM 423
Limits: from Stewarts Creek Road to SH 121
days, the State will perform the maintenance and the Local Government will be responsible for
that cost.
12. Local Project Sources and Uses of Funds
The Local Government will pay all maintenance costs of the sound wall, within the State right of
way along FM 423 from Stewarts Creek Road to SH 121.If the Local Government will perform any
work under this contract for which reimbursement will be provided by or through the State, the
Local Government must complete training before a letter of authority is issued. Training is
complete when at least one individual who is working actively and directly on the Project
successfully completes and receives a certificate for the course entitled Local Government Project
Procedures Qualification for the Texas Department of Transportation. The Local Government
shall provide the certificate of qualification to the State. The individual who receives the training
certificate may be an employee of the Local Government or an employee of a firm that has been
contracted by the Local Government to perform oversight of the Project. The State in its
discretion may deny reimbursement if the Local Government has not designated a qualified
individual to oversee the Project.
13. Document and Information Exchange
Not applicable.
14. Responsibilities
The parties expressly agree that this Project is not a joint venture or enterprise. However, if a
court should find that the parties are engaged in a joint venture or enterprise, then the Local
Government agrees to pay any liability adjudicated against the State for acts and deeds of the
Local Government, its employees or agents during the performance of this Project, including
attorney fees which may be incurred in litigation or otherwise resisting said claim or liabilities.
15. Incorporation of Master Agreement Provisions
This LPAFA incorporates all relevant provisions of the MAFA in effect on the date of final
execution of this LPAFA, unless such MAFA provision is specifically excepted in this agreement.
Any conflict between the terms of the MAFA and this LPAFA shall be governed and controlled by
this LPAFA.
16. State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from the
State directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with access
to any information the state auditor considers relevant to the investigation or audit.
AFA-LPAFA_VoIMntLG Page 3 of 4 Rev. 04/01/11
CSJ 1567-02-020
District 18 - Dallas
Code Chart 64 09180
Project: FM 423
Limits: from Stewarts Creek Road to SH 121
17. Availability of Appropriated Funds
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.
18. 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.
19. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERN ENT - CITY OF THE COLONY
P S i id-re
Typed o Printed Name
Title
Date
THE STATE OF TEXAS
nice ullenix
irector of Contract Services
Texas Department of Transportation
k,V4 ;41
Date / Jr
AFA-LPAFA-VoIMntLG Page 4 of 4 Rev. 04/01/11
CSJ 1567-02-020
District 18 - Dallas
Code Chart 64 09180
Project: FM 423
Limits: from Stewarts Creek Road to SH 121
ATTACHMENT A
LOCATION MAP
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