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Res 03-38 Authorizing a Local Project Advance Funding Agreement with TxDotTOWN OF WESTLAKE RESOLUTION NO. 03-38 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO A LOCAL PROJECT ADVANCE FUNDING AGREEMENT ON BEHALF OF THE TOWN WITH TXDOT FOR THE FM 1938 PROJECT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby authorize the Town Manager to enter into a local Project Advance Funding Agreement on behalf of the Town with TxDOT for the FM 1938 project. SECTION 2: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 14TH DAY OF JULY 2003. ATTEST: Gin r rosswy, ToWA Secretary APPROVED AS TO FORM: Scott Bradley, Mayor Trent O. Petty; Town Mana r CSJ- 0902-48-544 Project: Review of Preliminary Engineering to study a facility for upgrade to a farm to market facility County: Tarrant TAE STATE OF TEXAS THE COUNTY OF TRAVIS LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) FOR VOLUNTARY TRANSPORTATION IMPROVEMENT PROJECTS (OFF -SYSTEM) THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the Town of Westlake and the Cities of Southlake and Keller, acting by and through their City Councils, hereinafter called the Local Governments. W WHEREAS, Transportation Code, Chapter 201 and Transportation Code, Chapter 221 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, Commission Minute Order Number 108177 authorizes the State to undertake and complete a highway improvement generally described as the review of the preliminary engineering to study a facility for upgrade to a farm to market facility from SH 114 to FM 1709, a distance of approximately 3.6 miles; and, WHEREAS, the Local Governments have requested that the State allow the Local Governments to participate in said improvement by funding that portion of the improvement described as the review of the preliminary engineering to study facility for upgrade to farm to marker facility from SH 114 to FM 1709, hereinafter called the "Project"; and, WHEREAS, Transportation Code, §201.209 allows the State to enter into an interlocal agreement with the Local Governments; 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 Governments do agree as follows: Article 1. Time Period Covered. The period of this LPAFA is as stated in the MAFA, without exception. Article 2. Project Funding and Work Responsibilities, The State will authorize the performance of only those Project items of work which the Local Governments have requested and have agreed t* oay 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 AFA - LPAFA VoProj Page 1 of 4 Created 3/14/02 responsibility of the Local Governments and will be carri&i, Governments, at no cost to the State. CSJ: 0902-48-544 Project: Review of Preliminary Engineering to study a facility for upgrade to a farm to market facility County: Tarrant out and completed by the Local Texas Government Code, Chapter 2106 requires the State to recover indirect costs associated with this agreement as calculated based on prevailing rates specified in the State's Indirect Cost Recovery Program. Article 4. Responsibes of s Responsibilities of the Parties will be under thit conditions as provided for in the MAFA, without exception. Article 5. Document and Information Exchange. The Local Governments agree 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 Governments will use the State's document template. The Local Governments 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 entities create the documents with their own forces or by hiring a consultant or professional provider. Article 6. Interest. Interest will be under the conditions as provided for in the MAFA, without exception. Article 7. Inspection and Conduct of or. 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 herein by reference, or special specifications approved by the State. Article 8. Increased Costs. Increased cost will be under the conditions as provided for in the MAFA, without exception. Article 9. Maintenance. Not Applicable. Article 10. Termination. Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Article 11 Notices. Notices of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Local Governments: Trent Petty Lyle H. Dresher Billy Campbell Town Manager City Manager City Manager Town of Westlake City of Keller City of Southlake 3 Village Circle, Suite 207, Solana P.O Box 770 1400 Main Street Nestlake, Texas 76262 Keller, Texas 76244 Southlake. Texas 76092 Article 12. Sole Agreement. Sole Agreement of this LPAFA shall be under the conditions as stated in the MAFA, without exception. AFA - LPAFA VoProj Page 2 of 4 Created 3/14/02 CSJ: 0902-48-544 Project: Review of Preliminary Engineering to study a facility for upgrade to a farm to market facility County: Tarrant Article 13. Successors and Assigns. The State and the Local Governments each binds themselves, their successors, executors, assigns, and administrators to the other parties to this agreement and to the successors, executors, assigns, and administrators of such other parties in respect to all covenants of this agreement. Article 14. Amendments. Amendments to this LPAFA shall be made as described in the MAFA, without exception. Article 15. Incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. Any conflict between the terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA. Article 15. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENTS have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. M EM District Engineer Name of the Local Government: Town of Westlake M FITIM Typed or Printed Name and Title AFA - LPAFA VoProj Page 3 of 4 Created 3/14/02 CSJ: 0902-48-544 Project: Review of Preliminary Engineering to study a facility for upgrade to a farm to market facility County: Tarrant 0 MWE Name of the Local Government: City • • a Date Typed or Printed Name and Title AFA - LPAFA VoProj Page 4 of 4 Created $/14102 CSJ: 0902-48-544 Project: Review of Preliminary Engineering to study a facility for upgrade to a farm to market facility County: Tarrant *ayment Provisions arri Work Responsibilities The Local Governments will provide 100% of the funding for the State to review the preliminary engineering to study a facility for upgrade to a farm to market facility, located from SH 114 to FM 1709, a distance of 3.6 miles Once this agreement is executed, the Local Governments will forward a check or warrant made payable to the Texas Department of Transportation in the amount of 10,000. In the Event it is determined that the funding provided by the Local Governments is insufficient to cover the State's costs for the review of the preliminary engineering, the Local Governments will within 30 days from the receipt of the State's Written notification provide the additional funding to cover the State's anticipated additional costs. Upon completion of the Project, the State will perform an audit of the costs and any funds due to the Local Governments will be promptly returned, The State will review and comment on the preliminary engineering. Page 1 of 1 Created 4/13/02