HomeMy WebLinkAboutResolution 2006-060
RESOLUTION NO. 2006-060
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1. THAT The City Manager be, and is hereby authorized to execute the
attached Local Transportation Project Advance Funding Agreement (CSJ
#0902-48-577) for Rufe Snow Drive from 100 feet north of Hightower
Drive to Mid-Cities Boulevard with the Texas Department of
Transportation as an act and deed of the City.
PASSED AND APPROVED this the 24th day of July, 2006.
CITY
APPROVED AS TO CONTENT:
-11Ll~J{ ç±
Mike Curtis, ublic Works Director
CSJ #0902-48-577
District # 02
Code Chart 64 #30500
Project: Rufe Snow Drive from 100 feet
north of Hightower Drive to Mid-Cities Blvd.
Agreement No. 02-186
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For an STP-MM Project
(Off State System)
THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of
Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State",
and the City of North Richland Hills, acting by and through its duly authorized officials, hereinafter
called the "Local Government."
WITNESSETH
WHEREAS, a Master Agreement between the Local Government and the State has been adopted
and states the general terms and conditions for transportation projects developed through this
LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 108087 that provides for
the development of, and funding for, the project describe herein; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance dated , which is attached hereto and made a part hereof as
Attachment A for development of the specific project which is identified in the location map shown as
Attachment B.
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, it is
agreed as follows:
AGREEMENT
1. The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement,
without exception.
3. Amendments to this LPAFA shall be made as described in the Master Agreement, without
exception.
4. The scope of work for this LPAFA is described as the development of the PS&E package for:
· The purchasing of right of way for the project.
· The widening of Rufe Snow Drive from 100 feet north of Hightower Drive to Mid-Cities
Boulevard. The roadway will be widened from 5 to 7 lanes with turn lanes at the major
intersections (Hightower Drive and Chapman Drive).
5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in
the Master Agreement, without exception.
AFA-LPAFA_OffSys
Page 1 of 7
Revised 2/2/06
CSJ #0902-48-577
District # 02
Code Chart 64 #30500
Project: Rufe Snow Drive from 100 feet
north of Hightower Drive to Mid-Cities Blvd.
Agreement No. 02-186
6. Adjustment of utilities will be provided by the Local Government as required and as stated in the
Master Agreement without exception.
7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement,
without exception.
8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception.
9. Architectural and Engineering Services will be provided by the Local Government, as stated in the
Master Agreement, without exception. The State is responsible for performance of any required
architectural or preliminary engineering work. The Local Government may review and comment
on the work as required to accomplish the public purposes of the Local Government. The State
will cooperate fully with the Local Government in accomplishing these local public purposes to the
degree permitted by State and Federal law.
The engineering plans shall be developed in accordance with the applicable State's Standard
Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special
specifications and special provisions related thereto.
In procuring professional services, the parties to this Agreement must comply with federal requirements
cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254,
Subchapter A, in all cases.
Professional services contracts for federally funded projects must conform to federal requirements,
specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA,
and environmental matters.
10. Construction Responsibilities will be carried out by the Local Government, as stated in the Master
Agreement, without exception.
11. Project Maintenance will be undertaken as provided for in the Master Agreement, without
exception.
12. Local Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done
prior to federal authorization will not be eligible for reimbursement. It is the Local
Government's responsibility to verify with the State that the Federal Letter of Authority has
been issued for the work covered by this Agreement.
b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. The Local Government is responsible for all non-federal and non-state funding, including all
project cost overruns, unless provided for through amendment of this agreement.
d. Prior to the performance of any engineering review work by the State, the Local Government
will pay to the State the amount specified in Attachment C. At a minimum, this amount shall
equal the Local Government's funding share for the estimated cost of preliminary engineering
for the project. At least sixty (60) days prior to the date set for receipt of the construction bids,
the Local Government shall remit its remaining financial share for the State's estimated
construction oversight and construction costs.
AFA-LPAFA_OffSys
Page 2 of 7
Revised 2/2/06
CSJ #0902-48-577
District # 02
Code Chart 64 #30500
Project: Rufe Snow Drive from 100 feet
north of Hightower Drive to Mid-Cities Blvd.
Agreement No. 02-186
e. 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.
f. 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.
g. 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 costs,
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.
h. 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.
13. 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.
14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing
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.
15. 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
AFA-LPAFA_OffSys
Page 3 of 7
Revised 2/2/06
CSJ #0902-48-577
District # 02
Code Chart 64 #30500
Project: Rufe Snow Drive from 100 feet
north of Hightower Drive to Mid-Cities Blvd.
Agreement No. 02-186
of way shall cease immediately, and the State may recover damages and all costs of completing
the work.
16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
By:
(Signature)
Printed
Name:
Title:
Date:
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:
Janice Mullenix
Director of Contract Services Section
Office of General Counsel
Texas Department of Transportation
Date:
AF A-LP AF A_ OffSys
Page 4 of 7
Revised 2/2/06
CSJ #0902-48-577
District # 02
Code Chart 64 #30500
Project: Rufe Snow Drive from 100 feet
north of Hightower Drive to Mid-Cities Blvd.
Agreement No. 02-186
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
AF A-LPAF A_ OffSys
Page 5 of 7
Revised 2/2/06
ATTACHMENT B
CSJ #0902-48-577
District # 02
Code Chart 64 #30500
Project: Rufe Snow Drive from 100 feet
north of Hightower Drive to Mid-Cities Blvd.
Agreement No. 02-186
PROJECT LOCATION MAP
AF A-LP AF A _ OffSys
Page 6 of 7
Revised 2/2/06
Excerpt from FY2005/06 CIP Budget
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