HomeMy WebLinkAboutRes 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.
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