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Res 12-39 Authorizing an Agreement with TxDOT for Painting Enhancements TOWN OF WESTLAKE RESOLUTION NO. 12-39 CONSIDER A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (T DOT), RELATING TO THE SH 114/170 INTERCHANGE RE- PAINTING ENHANCEMENTS. WHEREAS, the Town of Westlake worked in partnership with the Town of trophy Clun and City of Roanoke for additional re-paining work located within the SH114/170 interchange project limits: and WHEREAS, the State of Texas has agreed to perform the additional work through an Advanced Funding Agreement with the Town; and WHEREAS, the Town finds that these improvements are in the best interest of the Town; 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 contract, in the amount of$224,432.87 for additional re-painting work located within the project limits of the SH 114/170 interchange project Exhibit "A"; and further authorizes the Town Manager to execute said contract 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 12-39 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS IOTn DAA' OF DECEMBER 2012. ATTEST: Laura/L. Wheat, Mayor ov� KellyEdwaown Secretary Thomas E.`. y er own Manager APPROVED AS TO FOIA �`�.''✓�,�`�� � fir L. Stanton LoAlry;T'�w attorney Resolution 12-39 Page 2 of 2 CSJ#: 0353-02-060 District#: 18-Dallas Code Chart 64#:45150 Project: SH 114 Location: North of Bus. 114 west of Trophy Club Drive County: Denton STATE OF TEXAS § COUNTY OF TRAVIS § 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 Town of Westlake, 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 112121 authorizes the State to undertake and complete a highway improvement generally described as to construct the SH 114 Mainlanes (4 to 6) through the SH 11 4/SH 170 Interchange which includes the Direct Connectors to SH 170 on SH 114 from North of Business 114 to West of Trophy Club Drive in Denton County; 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 specialized painting of Trophy Club Bridge, Trophy Lake Bridge, Lois Bridge, and the Sound Wall along SH 114 from North of Business 114 to West of Trophy Club Drive in the Town of Westlake; 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—LPAFA—VolProj Page 1 of 4 Revised 04/01/11 CSJ#: 0353-02-060 District#: 18-Dallas Code Chart 64#:45150 Project: SH 114 Location: North of Bus. 114 west of Trophy Club Drive County: Denton AGREEMENT 1. 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 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. . 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. S. 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 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 entity creates the documents with its own forces or by AFA—LPAFA_volProj Page 2 of 4 Revised 04/01/11 CSJ#:0353-02-060 District#: 18-Dallas Code Chart 64#:45150 Project: SH 114 Location: North of Bus. 114 west of Trophy Club Drive County: Denton 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. 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. . 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. 1 . Notices Notices of this LPAFA shall be under the conditions as stated in the MAFA, without exception. LocalGovernment: State: Town Manager Director of Contract Services Town of Westlake Texas Department of Transportation 3 Village Circle, Suite 202 125 E. 11 Department Westlake, Texas 76262 Austin, Texas 78701 1 . 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. AFA—LPAFA_VolProj Page 3 of 4 Revised 04/01/11 CSJ#: 0353-02-060 District#: 18-Dallas Code Chart 64#:45150 Project: SH 114 Location: North of Bus. 114 west of Trophy Club Drive County: Denton 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. 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. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT—TOWN OF WESTLAKE THE STATE OF TEXAS By: By: Thomas E. "er William L.Hale,P.E Town Manager Dallas District Engineer Date: Date: Z -3 AFA—LPAFA—VolProj Page 4 of 4 Revised 04/01/11 CSJ #:0353-02-060 District#: 18-Dallas Code Chart 64#:45150 Project: SH 114 Location: North of Bus. 114 west of Trophy Club Drive County: Denton Attachment PAYMENT PROVISION D WORK RESPONSIBILITIES The Local Government will pay 100% of the cost for specialized painting of Trophy Club Bridge, Trophy Lake Bridge, Lois Bridge, and the Sound Wall along SH 114 from North of Business 114 to West of Trophy Club Drive in the Town of Westlake, which is an on-system location. The Local Government's estimated cost for this improvement is $224,432.87, including construction items, and direct state costs. The State has estimated the Project cost to be as follows: Total Federal State Local Description Estimate Participation Participation Participation Cost Construction (by State) $196,011.24 0% $0 0% $0 100% $196,011.24 Direct State Cost-CST @ 14.50% $28,421.63 0% $0 0% $0 100% $28,421.63 Indirect State Cost-CST @ 5.94% $11,643.06 0% $0 100% 11,643.06 0% $0 TOTAL $236,075.93 $0 $11,643.06 $224,432.87 Estimated Total Local Government Participation (100%) _ $224,432.87 Estimated Total Payment by the Local Government to the State on full execution of this Agreement=$224,432.87 This is an estimate. The final amount of the Local Government participation will be based on actual costs. AFA—LPAFA—VolProj Page 1 of 1 Revised 04/01/11 Af Texas Department of Transportation P.O. BOX 133067® DALLAS,TEXAS 75313-3067® (214) 320-6100 February 26, 2013 Mr. Jarrod Greenwood, P.E. Director of Public Works Town of Westlake 3 Village Circle, Suite 202 Westlake, Texas 76262 RE: CSJ: 0353-02-060 Project: SH 114 Limits: From North of Business 114 To West of Trophy Club Drive Dear Mr. Greenwood, Enclosed for your use is a fully executed original of the above-mentioned Local Project Advance Funding Agreement (LPAFA) between the Texas Department of Transportation and the Town of Westlake for the SH 114 improvements. If you have any project related questions, please contact Tina Massey, P.E. the Denton Area Office at 940-323-1809 or Polita Flemming at 214-320-4424 for contract related questions. A/ Si erely, Mohamed K. Bu E. Director Dallas District Project Delivery Office Enclosure CC: Cline/Massey— Denton Area Office Project File '"HE TEXAS PLAN REDUCE CONGESTION a ENHANCE SAFETY®EXPAND ECONOMIC OPPORTUNITY®IMPROVE AIR QUALITY PRESERVE THE VALUE OF TRANSPORTATION ASSETS An Equal Opportunity Employer