HomeMy WebLinkAboutResolution 2004-010
RESOLUTION NO. 2004-010
that:
BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas,
1.
The City Manager be, and is hereby authorized to execute the attached Local
Transportation Project Advance Funding Agreement (CSJ: 0363-01-118) with the
Texas Department of Transportation for Signal Timing Optimization and Upgrade of
Signals at Various Locations as the act and deed of the City.
PASSED AND APPROVED this the 9th day of February, 2
APPROVED AS TO CONTENT:
Ï1/{J€ C~:L
Mike Curtis, P.E., Public Works Director
I
CSJ: 0363-01-118
Project Name: Signal Timing
Optimization and Upgrade of Signals
at Various Locations
Funding Category: CMAQ
County: Tarrant
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For an CMAQ Project
(On 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 Governing Local Transportation Project Advance Funding
Agreements (MAFA) between the Local Government and the State has been adopted, effective May
23, 2000, and states the general terms and conditions for transportation projects developed through
this LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 107737 that provides for
the development of, and funding for, the project described herein; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance 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 MAFA, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the MAFA, without
exception.
3. Amendments to this LPAFA shall be made as described in the MAFA, without exception.
4. Scope of Work
The scope of work and project limits for this LPAFA are described as siqnal timinq optimization,
and upqrade of siqnals at various locations in the City of North Richland Hills.
5. Right of Way and Real Property: No new right of way will be required for this project.
AFA - LPAFA OnSys Page 1 of 6 Revised 8/1/03
CSJ: 0363-01-118
Project Name: Signal Timing
Optimization and Upgrade of Signals
at Various Locations
6. Donations of real property: Not Applicable.
7. Adjustment of eligible utilities: Not Applicable.
8. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement,
without exception.
9. Compliance with Texas Accessibility Standards and ADA will be as stated in the MAFA, without
exception.
10. Architectural and Engineering Services will be provided by the Local Government. The Local
Government is responsible for performance of any required architectural or preliminary
engineering work. The State will review and comment on the work as required to accomplish the
public purposes of the State, The Local Government will cooperate fully with the State in
accomplishing these local public purposes to the degree permitted by State and Federal law.
11. Construction Responsibilities will be carried out by the Local Government.
12. Project Maintenance will be undertaken as provided for in the MAFA, without exception.
13. Local Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C.
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. All right of way Project cost overruns shall be shared in the same cost participation ratios as
apply under this agreement to the applicable cost category. Other overruns are as stated in
the MAF A.
d. The Local Government, without cost to the State, will do the necessary preliminary
engineering. For purposes of this agreement, preliminary engineering includes design
schematics, property descriptions, parcel plats and right of way maps.
e. Unless otherwise provided for in this agreement, payment is as stated in the MAFA. 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.
f. 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.
g. 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.
AFA - LPAFA OnSys
Page 2 of 6
Revised 8/1/03
CSJ: 0363-01-118
Project Name: Signal Timing
Optimization and Upgrade of Signals
at Various Locations
14. 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.
~ City Secretary Office
~ Official Record Copy
15.lncorporation 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.
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.
17.Special Provisions.
N/A
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
~ \\
,~) '7
(Slgnatur. Y;
l
(, + '1 'f'f\ó.Y' b ~ ~ I(
D;) I'b.q ( 6~
By:
~r,';:: ,
1--'"
Approved as to form and legality:
Date:
Title:
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:
AFA - LPAFA OnSys
Page 3 of 6
Revised 8/1/03
~ City Secretary Office
~ Official Record Copy
CSJ: 0363-01-118
Project Name: Signal Timing
Optimization and Upgrade of Signals
at Various Locations
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
AFA - LPAFA OnSys
Page 4 of 6
Revised 8/1/03
~,~1i City,S. ecre. tary Office
~) Offk~¡s! Record Copy
ATTACHMENT B
PROJECT LOCATION MAP
AFA - LPAFA OnSys
Page 5 of 6
CSJ: 0363-01-118
Project Name: Signal Timing.
Optimization and Upgrade of Signals
at Various Locations
Revised 8/1/03
CSJ: 0363-01-118
Project Name: Signal Timing
Optimization and Upgrade of Signals
at Various Locations
ATTACHMENT C
BUDGET ESTIMATE AND SOURCE OF FUNDS
Description Total Federal State Local
Estimate Participation Participation Participation
Cost 80% 20%
TOTAL $218,400 $174,720 $43,680 0 0 0
CONSTRUCTION
Total participation required from the Local Government = The City will be reimbursed 100%
of its costs up to $218,400, Any costs over $218,400 will be the responsibility of the City,
AFA - LPAFA OnSys
Page 6 of 6
Revised 8/1/03