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HomeMy WebLinkAboutResolution No. 2012-011 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 PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF MISCELLANEOUS ENHANCEMENTS RELATED TO THE WIDENING OF MAIN STREET (F.M. 423); ATTACHING THE AGREEMENT HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and the Texas Department of Transportation have entered into an LOCAL PROJECT ADVANCE FUNDING AGREEMENT such that the City will reimburse the Texas Department of Transportation $443,761 for construction of miscellaneous enhancements related to 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 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. 01 J McCour ?olony, Mayor (ity of The Texas T T. Christie Wilson, City Secretary y_C~r`r~2iX!_u: APPROVED AS TO FORM: Jiff Moore pity Attorney CSJ # 1567-02-020 District # 18 - Dallas Code Chart 64 # 42430 Project: IM 423 from SH 121 to Stewarts Creek Road STATE OF TEXAS § COUNTY OF TRAMS § LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH (ON-SYSTEM) THIS AGREEMENT is made by and between the State of Texas, acting 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, Texas Transportation Code, Chapter 201 and 222 authorizes the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Texas Government Code Chapter 791 and Texas Transportation Code §201.209 and Chapter 221, authorizes the State to contract with municipalities and political subdivisions; and, WHEREAS, Texas Transportation Commission Minute Order Number 112273 authorizes the State to undertake and complete a highway improvement generally described as FM 423 from SH 121 to Stewarts Creek Road; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as contribute funds to pay for miscellaneous items requested by the Local Government and supply materials, to include signal pole bases and illuminated street signs and, called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT I . Time Period Covered The period of this Local Project Advance Funding Agreement (LPAFA) is as stated in the Master Agreement Governing Local Transportation Project Advance Funding Agreements (MAFA), without exception. 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment AFA-LPAFA_VolProj Page 1 of 5 Revised 04/01/11 CSJ # 1567-02-020 District # 18 - Dallas Code Chart 64 # 42430 Project: FM 423 from SH 121 to Stewarts Creek Road Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. 3. Payment of Funds Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. 4. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 5. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 6. Responsibilities of the Parties Responsibilities of the Parties will be under the conditions as provided for in the MAFA, without exception. 7. 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 MicrosoftO 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 entity 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. 3. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be AFA-LPAFA-VolProj Page 2 of 5 Revised 04/01/11 CSJ # 1567-02-020 District # 18 - Dallas Code Chart 64 # 42430 Project: FM 423 from SH 121 to Stewarts Creels Road the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Cost Increased cost will be under the conditions as provided for in the MAFA, without exception. 10. Maintenance Project maintenance will be under the conditions as provided for in the MAFA, without exception. 11. Termination Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. 12. Notices Notices of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Local Government: State: City Manager Director of Contract Services City of The Colony Texas Department of Transportation 6800 Main Street 125 E. 11 th Street The Colony, Texas 75156 Austin, Texas 78701 13. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 14. Amendments Amendments to this LPAFA shall be made as described in the MAFA, without exception. 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. AFA-LPAFA-VolProj Page 3 of 5 Revised 04/01/11 CSJ # 1567-02-020 District # 18 -Dallas Code Chart 64 # 42430 Project: FM 423 from SH 121 to Stewarts Creek Road 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. 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA-LPAFA_VolProj Page 4 of 5 Revised 04/01/11 CSJ # 1567-02-020 District # 18 - Dallas Code Chart 64 # 42430 Project: FM 423 from SH 121 to Stewarts Creek Road THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERN M T Sign RQ\i a n Typed r Printed Blame Title Tel ~ZI Date THE STATE OF TEXAS r d • III"' F G. A. Khankarli, P.E. Acting Regional Director Date AFA-LPAFA_VolProj Page 5 of 5 Revised 04/01/11 CSJ # 1567-02-020 District # 18 - Dallas Code Chart 64 # 42430 Project: TM 423 from SH 121 to Stewarts Creek Road Not Research and Development Attachment A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government will pay for miscellaneous items requested and provide signal pole bases and illuminated street signs for the project. The Local Government is responsible for 100% of the cost for these items. The Local Government's estimated cost of the miscellaneous items, materials, mobilization and Engineering & Contingencies, including direct state costs, is $623,760.69. The State has estimated the project to be as follows: Material supplied by Local Government Description of Items Quantity Unit Price Cost Clam Shell Base (Signal Poles) 24 each $5,000.00 $120,000.00 Illuminated Street Signs 24 each $2,500.00 $60,000.00 Estimated Cost of Donated Materials: $180,000.00 Miscellaneous Items requested by the Local Government Description of Items Quantity Unit Price Cost Decomposed Granite 10,133 SY $20.00 $202,660.00 Retaining Wall (Special) 1,080 SF $70.00 $75,600.00 Riprap (Mow Strip) (51N) 206.40 CY $380.00 $78,432.00 Drill Shaft (24 in) 270 LF $44.00 $11,880.00 Estimated Cost: $368,572.00 Subtotal Cost: $368,572.00 Mobilization: (6.69%) $24,657.47 Engineering & Contingencies (including Direct State Costs): (13.71%) $50,531.22 SUBTOTAL: $443,760.69 Estimated Total Cost: $443,760.69 Initial payment by the Local Government to the State: $443,760.69 Payment by the Local Government to the State before construction: $0.00 Estimated total payment by the Local Government to the State $443,760.69 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-LPAFA_VolProj Page 1 of 1 Revised 04/01/11