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Res 15-15 Authorizing an Advance Funding Agreement With TxDotTOWN OF WESTLAKE RESOLUTION NO. 15-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF A TRAFFIC SIGNAL AT THE FM 1938 AND SOLANA INTERSECTION. WHEREAS, the Town Council finds that signalization of the intersection benefits commuters and citizens and is in the best interest of residential and corporate citizens; and WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically pleasing streets to travel; and WHEREAS, the Town Council finds that the proposed agreement with the Texas Department of Transportation is necessary for the construction of the traffic signal at the FM 1938 and Solana intersection; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves the agreement with the Texas Department of Transportation, in the amount of $157,540.50 for the construction of a traffic signal at the FM 1938 and Solana intersection attached here to as Exhibit "A"; and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 15-15 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 15TH DAY OF JUNE 2415. ATTEST: 7 \jy- Kelly Edwards own Secretary APPROVED AS TO ��� 1�al ;41�- Laura L. Wheat, Mayor Thomas E. Bryn�e—rQVVn Manager Resolution 15-15 Page 2 of 2 CSJ # 0902 - 00 - 137 District # 02 - Fort Worth Code Chart 64 # 45150 Project: Traffic Signal at FM -1938 / Solana Blvd near SH -114 (On -System) STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the Town of Westlake, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221 authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number #114027 authorizes the State to undertake and complete a highway improvement generally described as Traffic Signal Installation Non -Site Specific; 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, installation of a traffic signal at the intersection of FM -1938 and Solana Blvd in North Tarrant County near SH -114 in Westlake. This will include Mast Arms, Signal Poles, Pedestrian Poles, Radar Detection System, Pedestrian Signals, Controller Cabinet, Electrical Service, Signs and Pavement Markings, 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 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. Resolution 15-15 AFA-AFA VoITIP Page 1 of 7 Revised 10-13-2014 CSJ # 0902 — 00 — 137 District # 02 — Fort Worth Code Chart 64 # 45150 Project: Traffic Signal at FM -1938 / Solana Blvd near SH -114 (On -System) 2. Project Funding and Work Responsibilities A. 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 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. B. At least 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. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. D. 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. 3. 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. 4. 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. 5. 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. 6. 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 Resolution 15-15 AFA-AFA_VoITIP Page 2 of 7 Revised 10-13-2014 CSJ # 0902 - 00 - 137 District # 02 - Fort Worth Code Chart 64 # 45150 Project: Traffic Signal at FM -1938 / Solana Blvd near SH -114 (On -System) Government shall submit any information required by the State in the format directed by the State. 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. 8. 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 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 Costs A. If the Local Government's financial responsibility is a specified percentage as reflected in Attachment A, Payment Provision and Work Responsibilities, and changed site conditions are discovered that result in the Local Government's funding being insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the additional funds. The Local Government shall pay the funds to the State within thirty (30) days of the written notification, unless otherwise agreed to by the parties to this agreement. Should the Local Government fail to pay the additional funds, this agreement shall be mutually terminated in accordance with Article 11 - Termination. B. 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 cost to the department for a highway improvement project, 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 domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. Resolution 15-15 AFA-AFA_VoITIP Page 3 of 7 Revised 10-13-2014 CSJ # 0902 — 00 — 137 District # 02 — Fort Worth Code Chart 64 # 45150 Project: Traffic Signal at FM -1938 / Solana Blvd near SH -114 (On -System) 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. 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. 12. 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: Town Manager Town of Westlake 3 Village Circle Suite 202 Westlake, Texas 76262 State: Director of Contract Services Office Texas Department of Transportation 125 E. 11 th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. 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 be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Resolution 15-15 AFA-AFA VoITIP Page 4 of 7 Revised 10-13-2014 CSJ # 0902 — 00 — 137 District # 02 — Fort Worth Code Chart 64 # 45150 Project: Traffic Signal at FM -1938 / Solana Blvd near SH -114 (On -System) 14. 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. 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. 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. Resolution 15-15 AFA-AFA_VoITIP Page 5 of 7 Revised 10-13-2014 CSJ # 0902 -- 00 - 137 District # 02 - Fort Worth Code Chart 64 # 45150 Project: Traffic Signal at Fief -1938 / Solana Blvd near SH -114 (On -System) THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Thomas E. BUrner Typed or Printed Name Town Manager Title Date 1-11110ael IM -111 Brian R. Barth District Engineer Fort Worth District e-_Z1I -15 Date Resolution 15-15 AFA-AFA_VoITIP Page 6 of 7 Revised 10-13-2014 CSJ # 0902 - 00 - 137 District # 02 - Port Worth Code Chart 64 # 45150 Project: Traffic Signal at PM -1938 / Solana Blvd near SH -114 (On -System) ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government is 100% responsible for $157,540.50 and for any cost overruns. Total payment by the Local Government to the State: $157,540.50 This is an estimate. The total amount of Local Government participation will be based on actual costs. Resolution 15-15 AFA-AFA_VoITIP Page 7 of 7 Attachment A State Participation it Local Participation I Description Total Estimated Cost % Cost % Cost Construction (by State) $157,540.50 0% $0 100% $157,540.50 Subtotal $157,540.50 0% $0 100% $157,540.50 I Construction Direct State $38,471.39 100% 38,471.39 0% $0 Costs Indirect State Costs $9,042.82 100%$9,042.82 0% i $0 i TOTAL $205,054.71 $47,514.21 $157,540.50 I' Total payment by the Local Government to the State: $157,540.50 This is an estimate. The total amount of Local Government participation will be based on actual costs. Resolution 15-15 AFA-AFA_VoITIP Page 7 of 7 Attachment A Texas Department of Transportation C FOR STATE USE ONLY Deposit 27-927(06380-3790) Project Charge: 02-76-0013-10-082 ADVANCE PAYMENT Highway FM-1938/Solana Blvd near Sh-114 CSJ County TARRANT Project No. Limits FM-1938/Solana Blvd near SH -114 in Westlake Description Traffic Signal Installation Non -Site Specific Type of Agreement AFA Local Government Contribution Requested By Section Date Entity Name Entity Code 090-00-137 STP 2015 (226) Allen Bowie Advance Transportation Planning June 8, 2015 Town of Westlake 45150 Reason & Amount of Funds Re uested Right of way n $ 0.00 Preliminary Engineering ❑ $ 0.00 Preliminary Engineering Overrun ❑ $ 0.00 Preletting ❑ $ 0.00 Construction ® $ 157,540.50 Construction Overrun ❑ $ 0.00 Total $ 157,540.50 To be Filled in by Outside Entity Amount Submitted Check Date Submitted PLEASE RETURN THIS COMPLETED FORM WITH PAYMENT To be Filled in by TxDOT After Receipt Amount Received Date Received Name of Employee (who received and processed deposit) Resolution 15-15 Solana Blvd, Roanoke, TX 76262 - Google Maps Lo tm+ j o n ' _ t Page 1 of 3 Go"'Sle Plroje k : 0402-00-13pt own o -F Wesflojie r c C"p1(:]l i'kb`+gyp' Ilii Lake Cities Church o,' Chnst ,�' �'�rd7t n C, • I Tra#i G sigma in4alloch on a- ,J https://maps.google.con/maps?hl=en&gbv=2&um=1 &ie=UTF-8&fb=1 &gl=us&ftid=0x864dd160bf986375:Ox2f6256cece4f2d10&a=Solana+... 3/13/201 0 Texas Department of Transportation 125 EAST 11TH STREET I AUSTIN, TEXAS 78701-2483 1 (512) 463.8700 1 WWW.TXDOT.GOV June 8, 2015 RE: Traffic Signal at FM -1938 / Solana Blvd near SH -114 (On -System) CSJ: 0902-00-137 Tarrant County Mr. Jarrod Greenwood Director of Public Works Town of Westlake 3 Village Circle Suite 202 Westlake, Texas 76262 Dear Mr. Greenwood: Attached are two originals of the Advance Funding Agreement and the Advance Payment Form between the Town of Westlake and the State for the above referenced project. Please execute both originals and return them to the Fort Worth District, along with Advance Payment Form and a check made payable to the Texas Department of Transportation in the amount of $157,540.50 at: Texas Department of Transportation Attn: Allen Bowie - Advance Transportation Planning & Development 2501 S. W. Loop 820 Fort Worth, Texas 76133 If needed, please place Town of Westlake stamps or extra signatures on the back of the agreement to preclude legibility issues. If you should have any questions concerning this matter, please contact Allen Bowie at (817) 370- 6755. Sinc ely,. Jo ordary Jr., P.E. Tr n portation Planning a lopment Director F rt orth District Enclosures cc. Javier Salinas, P.E,, NTCAO OUR GOALS MAINTAIN A SAFE SYSTEM • ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY An Equal Opportunity Employer Resolution 15-15 ATexas Department of Transportation 125 EAST 11TH STREET I AUSTIN, TEXAS 78701-2483 1 (512) 463-8700 1 WWW.TXDOT.GOV June 8, 2015 RE: Traffic Signal at FM -1938 / Solana Blvd near SH -114 (On -System) CSJ: 0902-00-137 Tarrant County Mr. Jarrod Greenwood Director of Public Works Town of Westlake 3 Village Circle Suite 202 Westlake, Texas 76262 Dear Mr. Greenwood: Attached are two originals of the Advance Funding Agreement and the Advance Payment Form between the Town of Westlake and the State for the above referenced project. Please execute both originals and return them to the Fort Worth District, along with Advance Payment Form and a check made payable to the Texas Department of Transportation in the amount of $157,540.50 at: Texas Department of Transportation Attn: Allen Bowie - Advance Transportation Planning & Development 2501 S. W. Loop 820 Fort Worth, Texas 76133 If needed, please place Town of Westlake stamps or extra signatures on the back of the agreement to preclude legibility issues. If you should have any questions concerning this matter, please contact Allen Bowie at (817) 370- 6755. Sinc WQtryJ �l�Jo P. E. 1 Tr n portation Planning a opment Director F rt Worth District Enclosures cc: Javier Salinas, P.E., NTCAO OUR GOALS MAINTAIN A SAFE SYSTEM a ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES ■ BEST IN CLASS STATE AGENCY An Equal Opportunity Employer Resolution 15-15 Texas Department of Transportation 125 EAST 11TH STREET I AUSTIN, TEXAS 78701-2483 1 (512) 463-8700 1 WWW.TXDOT.GOV September 1, 2015 RE: Traffic Signal at FM -1938 / Solana Blvd near SH -114 (On -System) CSJ: 0902-00-137 Tarrant County Mr. Jarrod Greenwood Director of Public Works Town of Westlake 3 Village Circle Suite 202 Westlake, Texas 76262 Dear Mr. Greenwood: Attached is one fully executed original Advance Funding Agreement between the Town of Westlake and the State of Texas for the above referenced project. Please check with your TxDOT North Tarrant Area Office Project Manager on next phase. If you have any questions or concerns, please contact Allen Bowie at (817) 370-6755. Contract Specialist Fort Worth District Attachment cc: Javier Salinas, P.E. NTCAO OUR GOALS MAINTAIN A SAFE SYSTEM - ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY An Equal Opportunity Employer --- ® RES 15-15 Texas Department of Transportation 125 EAST 11TH STREET I AUSTIN, TEXAS 78701-2483 ( (512) 463-8700 1 WWW.TXDOT.GOV January 29, 2015 RE: Traffic Signal at FM -1938 I Solana Blvd near SH -114 (On -System) CSJ: 0902-00-137 & 0902-00-142 Tarrant County Mr. Jarrod Greenwood Director of Public Works Town of Westlake 3 Village Circle Suite 202 Westlake, Texas 76262 Dear Mr. Greenwood: Attached is one fully executed original Advance Funding Agreement Amendment and one fully executed Voluntary Local Government Advance Funding Agreement between the Town of Westlake and the State of Texas for the above referenced project. Please check with your TxDOT North Tarrant Area Office Project Manager on next phase. If you have any questions or concerns, please contact Allen Bowie at (817) 370-6755. Sincer Allen A.R.A. Bowie Contract Specialist Fort Worth District Attachment cc: Javier Salinas, P.E. NTCAO Mike Flaming, P.E. Traffic OUR GOALS MAINTAIN A SAFE SYSTEM ■ ADDRESS CONGESTION ■ CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY An Equal Opportunity Employer CSJ # 0902 — 00 —142 District # 02 — Fort Worth Code Chart 64 # 45150 RES 15-15 Project: Traffic Signal at FM -1938/ Solana Blvd near SH -114 (On -System) CFDA # 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the Town of Westlake, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Texas Transportation Commission Minute Order Number #114417authorizes the State to undertake and complete a highway improvement generally described as Traffic Signal Installation Non -Site Specific; 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, installation of a traffic signal at the intersection of FM -1938 and Solana Blvd in North Tarrant County near SH -114 in Westlake. This will include Mast Arms, Signal Poles, Pedestrian Poles, Radar Detection System, Pedestrian Signals, Controller Cabinet, Electrical Service, Signs and Pavement Markings, 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: AFA-AFA VoITIP Page 1 of 6 Revised 07/09/2015 CSJ # 0902 - 00 -142 District # 02 - Fort Worth Code Chart 64 # 45150 Project: Traffic Signal at FM -1938/ Solana Blvd near SH -114 (On -System) CFDA # 20.205 Not Research and Development AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. 2. Project Funding and Work Responsibilities A. 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 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. B. At least 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. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. D. 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." The check or warrant shall be deposited by the State and managed by the State. The funds may only be applied by the State to the Project. If after final Project accounting any excess funds remain, 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. 3. 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. 4. 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. AFA-AFA_VoITIP Page 2 of 6 Revised 07/09/2015 CSJ # 0902 — 00 —142 District # 02 — Fort Worth Code Chart 64 # 45150 Project: Traffic Signal at FM -1938/ Solana Blvd near SH -114 (On -System) CFDA # 20.205 Not Research and Development 5. 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. 6. 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. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. 8. 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 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. AFA-AFA—VoITIP Page 3 of 6 Revised 07/09/2015 CSJ # 0902 — 00 —142 District # 02 — Fort Worth Code Chart 64 # 45150 Project: Traffic Signal at FM -1938/ Solana Blvd near SH -114 (On -System) CFDA # 20.205 Not Research and Development 9. Increased Costs A. If the Local Government's financial responsibility is a specified percentage as reflected in Attachment A, Payment Provision and Work Responsibilities, and changed site conditions are discovered that result in the Local Government's funding being insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the additional funds. The Local Government shall pay the funds to the State within thirty (30) days of the written notification, unless otherwise agreed to by the parties to this agreement. Should the Local Government fail to pay the additional funds, this agreement shall be mutually terminated in accordance with Article 11 — Termination. B. 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 cost to the department for a highway improvement project, 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 domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. 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. 12. 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 AFA-AFA—Vo1TIP Page 4 of 6 Revised 07/09/2015 CSJ # 0902 — 00 — 142 District # 02 — Fort Worth Code Chart 64 # 45150 Project: Traffic Signal at FM -1938/ Solana Blvd near SH -114 (On -System) CFDA # 20.205 Not Research and Development 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: Town Manager Town of Westlake 3 Village Circle Suite 202 Westlake, Texas 76262 State: Director of Contract Services Office Texas Department of Transportation 125 E. 11 t" Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. 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 be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 14. 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. 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. 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 AFA-AFA VoITIP Page 5 of 6 Revised 07/09/2015 CSJ # 0902 — 00 —142 District # 02 — Fort Worth Code Chart 64 # 45150 Project: Traffic Signal at FM -1938/ Solana Blvd near SH -114 (On -System) CFDA # 20.205 Not Research and Development 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. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL i i • - _U Typed�A_ #4 A C, C - '9 r 1, or -• Name / I 9 A A f3 !t tr Title Date THE STATE OF TEXAS B r i WR. Barth District Engineer Fort Worth District Dates— AFA-RFA VoITIP Page 6 of 6 Revised 07/09/2015 rw. rE 9 4�7 rXIM ta \� a C> C', Cd 0 rl) A2 CSJ # 0902 — 00 —142 District # 02 — Fort Worth Code Chart 64 # 45150 Project: Traffic Signal at FM -1938/ Solana Blvd near SH -114 (On -System) CFDA # 20.205 Not Research and Development ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES The State will install a traffic signal at the intersection of FM -1938 and Solana Blvd in North Tarrant County near SH -114 in Westlake. This will include Mast Arms, Signal Poles, Pedestrian Poles, Radar Detection System, Pedestrian Signals, Controller Cabinet, Electrical Service, Signs and Pavement Markings The Local Government is 100% responsible for $157,540.50 and for any cost overruns. Total amount Paid by the Local Government to the State on 08/21/15: $157,540.50 This is an estimate. The total amount of Local Government participation will be based on actual costs. AFA-AFA VoITIP Page 1 of 1 Attachment A State Participation Local Participation Description Total Estimated Cost % Cost % Cost Construction (by State) $157,540.50 0% $0 100% $157,540.50 Subtotal $157,540.50 0% $0 100% $157,540.50 Construction Direct State $38,471.39 100% 38,471.39 0% $0 Costs Indirect State Costs $9,042.82 100% $9,042.82 0% $0 TOTA $205,054.71 $47,514.21 $157,540.50 Total amount Paid by the Local Government to the State on 08/21/15: $157,540.50 This is an estimate. The total amount of Local Government participation will be based on actual costs. AFA-AFA VoITIP Page 1 of 1 Attachment A STATE OF TEXAS COUNTY OF TRAVIS § CSJ # 0902 — 00 — 137 District # 02 — Fort Worth Code Chart 64 # 45150 Project: Traffic Signal at FM -1938/ Solana Blvd near SH — 114 (On -System) Federal Highway Administration CFDA # 20.205 Not Research and Development ADVANCE FUNDING AGREEMENT AMENDMENT #01 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the State, and Town of Westlake, acting by and through its duly authorized officials, called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on August 31, 2015 to effectuate their agreement to Traffic Signal Installation Non -Site Specific; and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as follows: AGREEMENT 1. Description of Amended Items The original agreement is terminated in its entirety when signed by the last party whose signing makes this amendment fully executed. 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA—AFA—Amend Page 1 of 2 Revised 09/18/14 CSJ # 0902 — 00 —137 District # 02 — Fort Worth Code Chart 64 # 45150 Project: Traffic Signal at FM -1938/ Solana Blvd near SH — 114 (On -System) Federal Highway Administration CFDA # 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE • • Signature U •-• or Printed Name' QUJA A4AAAJ--d_ Title V Date THE STAT fOF TE S Kenneth Stewart Director of Contract Services Texas Department of Transportation Date AFA—AFA—Amend Page 2 of 2 Revised 09/18/14