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Res 20-12 Authorizing and aggreement with TxDOT for construction, amending FY 19/20 fundingTOWN OF WESTLAKE RESOLUTION 20-12 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, THAT AUTHORIZES THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE TXDOT FOR THE CONSTRUCITON OF VARIOUS AESTHETIC ENHANCEMENTS TO SH 170 AND THAT AMENDS THE FY 19/20 ADOPTED BUDGET TO PROVIDE FUNDING. WHEREAS, the Texas Department of Transportation is developing plans for the construction of SH 170 within Westlake; and WHEREAS, this project is of great importance to the health, safety, and welfare of the citizens and economic strength of Westlake; and WHEREAS, Westlake desires to ensure construction improvements that preserves the Town's aesthetic and design standards; and WHEREAS, the Town Council find that the proposed SH 170 enhancements is sound infrastructure planning and consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council finds that the Capital Improvement Plan should be amended to allocate $250,000 for the SH 170 enhancements; 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, by approval of this resolution, hereby approves the attached Exhibit "A", ADVANCED FUNDING AGREEMENT. SECTION 3: The Town Council of the Town of Westlake hereby approves a budget amendment to the Capital Improvement Plan for the creation of a SH 1.70 Improvements Capital Project and provide funding in the amount of $250,000. Resolution 20-12 Page 1 of 2 SECTION 4: 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. SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27T11 DAY OF APRIL 2020. ATTEST: Tod Wood, Town Secretary APPROVED AS TO FORM: —1 * 0- �— L. Stanton Lowry, Town Attorney L14 z z k' �' -, X ZLY�; Laura L. Wheat, Mayor A4-�e, ld6:2 AG Amanda DeGan, Town Manager Resolution 20-12 Page 2 of 2 RESOLUTION 20-12 EXHIBIT "A" STATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 3559-02-007 District # 02-FTW Code Chart 64 # 45150 Project Name Additional Railing on US 377 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 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". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, Transportation Code, Chapters 201 and 221, 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, the Texas Transportation Commission passed Minute Order Number 115550 authorizing the State to undertake and complete a highway improvement generally described as Construct new roadway lanes on SH 170 from IH 35W to Denton County Line; 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 adding decorative fence and extra bridge deck to accommodate the decorative fence on the U-turn bridge structures of the crossing on US 377 at SH 170 and at Trophy Lake Drive. Additionally, decorative accent pavers will be added on the pedestrian shared path used along US 377 and Trophy Lake Drive at SH 170 and to the raised islands on the approach to the US 377 U-Turn bridges, 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, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: Page 1 of 5 AFA VoITIP Revised 10/13/2017 CSJ # 3559-02-007 District # 02-FTW Code Chart 64 # 45150 Project Name Additional Railing on US 377 AGREEMENT Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in full force and effect until the Project has been completed and accepted by all parties or unless terminated as provided below. 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 (Attachment A) 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 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 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" or may use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. 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. Page 2 of 5 AFA VoITIP Revised 10/13/2017 CSJ # 3559-02-007 District # 02-FTW Code Chart 64 # 45150 Project Name Additional Railing on US 377 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, 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 Costs 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. 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. Page 3 of 5 AFA VoITIP Revised 10/13/2017 CSJ # 3559-02-007 District # 02-FTW Code Chart 64 # 45150 Project Name Additional Railing on US 377 11. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in Attachment A or existing maintenance agreements with the Local Government. 12, 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. 13. 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 of Westlake ATTN: Assistant Town Manager 1500 Solana Boulevard Building #7, Suite 7200 Westlake, TX 76262 State: Texas Department of Transportation ATTN: Director of Contract Services 125 E. 11 th Street Austin, TX 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. 14. 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. Page 4 of 5 AFA VoITIP Revised 10/13/2017 DocuSign Envelope ID: 5A4104A3-7251-4516-8E1F-C6059A064525 CSJ # 3559-02-007 District # 02-FTW Code Chart 64 # 45150 Project Name Additional Railing on US 377 15. 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. 16. Amendments By mutual written consent of the parties, this agreement may be amended in writing prior to its expiration. 17. State Auditor Pursuant to Texas Government Code § 2262.154, 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. 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. THE STATC nC TCVAC DocuSigned by: ED534AC20CA64tC... 5lgnature Loy] C. Bussell Fort Worth District Engineer 5/29/2020 Date THE LOCAL GOVERNMENT Docu Signed by: LMOUAJ& Vf-Ga.in, Q 7C4F3E CC25664F D... Amanda DeGan Typed or Printed Name Amanda DeGan Typed or Printed Title 5/1/2020 Date Page 5of5 AFA VoITIP Revised 10/13/2017 CSJ # 3559-02-007 District # 02-FTW Code Chart 64 # 45150 Project Name Additional Railing on US 377 ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES Upon full execution of this agreement, the Local Government will pay to the State a fixed amount of $234,800.00, for the State to add decorative fence and extra bridge deck to accommodate the decorative fence on the U-turn bridge structures of the crossing on US 377 at SH 170 and at Trophy Lake Drive. Additionally, decorative accent pavers will be added on the pedestrian shared path used along US 377 and Trophy Lake Drive at SH 170 and to the raised islands on the approach to the US 377 U-Turn bridges, called the (project). The State is responsible for 100% of project overruns. Page 1 of 1 AFA VoITIP Attachment A