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Res 03-50 Authorizing a Funding Agreement with TxDotTOWN OF WESTLAKE RESOLUTION NO. 03-50 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO A FUNDING AGREEMENT FOR BRIDGE ENHANCEMENTS AT PRECINCT LINE ROAD AND SH 114 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION. 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 funding agreement for bridge enhancements at Precinct Line Road and SH 114 with the Texas Department of Transportation.. SECTION 2: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 11TH DAY OF AUGUST 2003. ATTEST: Scott Bradley, Mayor ZI Gin Crosswy, TovaAecretary Trent O. Petty, Town Min er APPROVED AS TO FORM: L. `STa'nton Lgij4y, ' o <Attorney ff Texas Department of Transportation P.O. BOX 133067 • DALLAS, TEXAS 75313-3067 . (214) 320-6100 October 16, 2003 Mr. Trent Petty Town Manager' Town of Westlake } 3 Village Circle, Suite 207, Solana Westlake, Texas 76262 RE: CSJ:0353-02-058 Project Name: S.H. 114 Limits: From 0.12 miles East of Trophy Club Drive To 0.95 miles East of Trophy Club Drive Project Limits: S.H. 114 at Precinct Line Road Dear Mr. Petty, Attached, for your use, is a fully executed original Advance Funding Agreement with the Town of Westlake for the bridge and traffic signal pole enhancement improvements at S.H. 114/Precinct Line Road. As stated in Attachment C, the Town's estimated participation cost is $212,460.26 which is payable to the Department upon full execution of the agreement. For your information, the project is scheduled to let in January, 2004. If you have any questions, please call Lance Jobe, P.E. at 817-238-5900 or Polita Flemming at 214-320-4433. Sincerely, Moosa Saghian, P.E. Director of Administration Attachments P C -F CC: Jobe —Fort Worth District May — Dallas District Design Contracts RA5'D3 -so An Equal Opportunity Employer CSJ: 0353-02-058 Project Name: S.H. 114 Project No.: NH County: Denton Location: From 0.12 miles 'East of Trophy Club Drive to 0.95 miles East of Trophy Club Drive Project Limits: S.H. at Precinct Line Road THE STATE OF TEXAS § THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY TRANSPORTATION IMPROVEMENT PROJECTS (ON -SYSTEM) THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the Town of Westlake, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapter 201, 221. 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, Commission Minute Order Numbers 108410 and 107892 authorizes the State to undertake and complete a highway improvement generally described the preparation of prelimina engineering plans (design, schematic and environmental documents and plans, specifications and estimates (PS&E) and the construction of main -lanes and frontage roads for six (6) lane of ultimate eight (8) lane freeway of S.H. 114 from 0.12 miles east of Trophy Club Drive to 0.95 miles east 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 bridge and traffic signal pole enhancements at S.H. 114/Precinct Line Road, hereinafter called the "Project"; and, WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance attached hereto and made a part hereof as Attachment A for the development of the Project, which is identified in the location map shown as Attachment B; 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 Article 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 herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 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 C, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. AFA - AFAVoITIP Page 1 of 4 Revised 9117103 CSJ: 0353-02-058 Project Name: S.H. 114 Project No.: NH In addition to identifying those items of work paid for by payments to the State, Attachment C, 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. 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 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. 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. Article 4. Responsibilities of the Parties The Local Government acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. Article 5. 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 hiring a consultant or professional provider. Article 6. 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. Article 7. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment C, 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 C 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 In the event it is determined that the funding provided by the Local Government will be 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 anticipated additional cost. The State shall send the Locai Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 10 - Termination. If AFA - AFAVoITiP Page 2 of 4 Revised 9/17103 CSJ: 0353-02-058 Project Name: S.H. 114 Project No.: NH this is a fixed price agreement as specified in Attachment C, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. if any existing or future local ordinances, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or any other locally proposed changes, including, but not limited to plats or replats, result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the local entity. The cost of providing such 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 expenses related to relocation, removal, or adjustment of eligible utilities. Article 9. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment C to this agreement. Article 10. Termination This agreement may be terminated in the following manner: by mutual written agreement and consent of both parties; ♦ by either party upon the failure of the other party to fulfill the obligations set forth herein; ♦ by the State if it determines that the performance of the Project is not in the best interest of the State. If the contract 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. A. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. B. 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. C. In the event the Project is not completed, the State may seek reimbursement from the Local Government of the expended funds. The Local Government will remit the required funds to the State within sixty (60) days from receipt of the State's notification. D. The State will not pay interest on any funds provided by the Local Government. E. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. 11. Notices Ali 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 Attention: Town Manager 3 Village Circle, Suite 207, Solana Westlake, Texas 76262 State: Texas Department of Transportation Attention: District Engineer, Dallas District 4777 East Highway 80 Mesquite, Texas 751050-6643 AFA - AFAVaITIP Page 3 of 4 Revised 9117103 CSJ: 0353-02-058 Project Name: S.H. 114 Project No.: NH All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. 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 delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 12. 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. Article 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. Article 14. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 15. 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. Article 16. 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 GOVERNMENT 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. By Date- l `' Robert M. Brown, P. . Interim District Engineer, Dallas District THE LOCAL GOVERNMENT - TOWN OF WESTLAKE BY Trent Petty, `) Town Manager Date X0 -? AFA - AFAVoITIP Page 4 of 4 Revised 9/17/03 CSJ: 0353-02-058 Project Name: S.H. 114 Project No.: NH ATTACHMENT B County: Denton Location: From 0.12 miles East of Trophy Club LOCATION MAP Drive to 0.95 miles East of Trophy CIL1h Drive Project Limits: S.H. at Precinct Line Road S. H. 114 @ PRECINCT LINE ROAD ! 1' PDP 315 • IROANOKE 14 POP 910 TROPHY BEGIN PROJLCT STA. 1,117-C)0.00 i i i CLUB CONTROL 0353-02-058 - - -- 1 - :- - - POP 3,922Ir _4 y 1yi I a _ 7 I i�J WESTLAKE ` — DENTON Dfl. � _ � _ POP 214 =, _ _ TARRAIVT_ Com__ -173 - _ �r� South_ 1c_ke_—Ci_ty_L_irW ---�, WESTLAKE - _ END PROJECT STA. 1459+59. 50 CONTROL 0353-Q2-056 - 7 _I CPa f �,0{5II I� � ` - � SOUTHLAKL I I I - 1 3' T I 1 page IofI 1. CSJ: 0353-02-058 Project Name: S.H. 114 Project No.: NH ATTACHMENT C Payment Provision and Work Responsibilities Description of the Cost of the Items of Work The Local Government cost for this portion of work is $212,460.26 which includes contingencies, and construction engineering. Below are the items, estimated quantities and the estimated costs involved with this agreement: Desch Unit Quantity Unit Price Total Bridge Railing LF 328 $247.00 $81,016.00* (Outside bridge railing — TxDOT concrete poured c201 base with metal rail on top) *(Less TxDOT Estimated Base Cost ................. LF..... ............. 328 ................. $25.00 ............ ($8,200.00) Local Government Estimated Cost = $72,816.00 Bridge "Wings wails" - Concrete parapet bridge-2'3"ht "wing walls" with fosmliner and multicolor stain finish on 4 opposite bridge comers Concrete wing wall — 2'3" ht. LF 300 $54.DD $16,200.00 Formliner and stain finish FF 1,335 $5.00 $6,675.00 Bridge Pilaster Concrete pilaster — 4'6"ht. Formliner and stain finish LF 16 $115.00 $1,840.00 FF 180 $5.00 $900.00 Walks and Medians Treatment SF 6,200 $5.50 $34,100.00' 8 CM concrete pavers on sand base over existing concrete deck *"(LessTxDOT Estimated Base Cost ............ ...SF................. 6,200...............$3.00.............($18,600.00) Local Government Estimated Cost = $15,500.00 Stone Towers EA 4 $18,000.00 $72,000.00 Natural stone towers with pre -cast stone detailing and mtl. cap (does not Include structural footing) Traffic Signal Pole Assembly: Steel 1 Arm {24 ft} lum. EA 2 $3,925.00 $7,850.00 Steel 1 Arm (28 ft) lum. EA 1 $3,925'00 $3'925'00 Steel 1 Arm (32 ft) EA 1 $1,700A0 $1,700.00 Steel 1 Arm (40 ft) EA 1 $1,700.00 $1,700.00 Pedestal Pole Assembly 2 EA 1 $2,400.00 $2,400.00 Subtotal $203,506.00 Engineering and Contingencies Charges (4.4%) $8,854.26 Total $212,460.26 2. Schedule of Payment Upon execution of this Agreement, the Local Government will remit a check or warrant made payable to the Texas Department of Transportation in the amount of $212,460.26 to be used in payment for the proposed work required by the Local Government. In the event the funding provided by the Local Government is insufficient to cover the Local Government's portion of the Project cost, the Local Government will within thirty (30) days from receipt of the State's written notification. 3. Actual Cost Agreement Upon completion and acceptance of the services established herein, the State will prepare a final audit of all costs incurred for the Project. Upon completion of the audit, any remaining funds due the Local Government will be promptly returned. AFA - AFAVoITIP Page 1 of 1 Revised 9117103