10-110 R - Advance Funding Agreement for Voluntary Local Government Culvert Extensions on SH 289 TOWN OF PROSPER, TEXAS RESOLUTION NO. 10-110
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN ADVANCE
FUNDING AGREEMENT FOR VOLUNTARY LOCAL
CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH BETWEEN THE STATE OF
TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION, AND THE TOWN OF PROSPER FOR THE
CONSTRUCTION OF ADDITIONAL TURN LANES AND CULVERT
EXTENSIONS ON STATE HIGHWAY 289 BETWEEN US 380 AND FM
1461.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, an Advance Funding
Agreement for Voluntary Local Government Contributions to Transportation Improvement
Projects with No Required Match between the State of Texas, acting by and through the Texas
Department of Transportation, and the Town of Prosper for the construction of additional turn
lanes and culvert extensions on State Highway 289 between US 380 and FM 1461, as hereto
attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 14th day of December,2010.
Ray Sin i h,Mayor
ATTEST :
A; v
a
attliew D. Denton, TRMC
Town Secretary
N„ W
I
w
Contract No. CSJ#0091-04-050
District# 18-Dallas
Code Chart 64#34150
Project: SH 289-Additional Turn
Lanes and Culvert Extensions
CFDA#: 20.205
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
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 Prosper, acting
by and through its duly authorized officials, hereinafter called the "Local Government."
WITNESSETH
WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out,
construct, maintain, and operate a system of streets, roads, and highways that comprise the State
Highway System; and,
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221,
authorize the State to contract with municipalities and political subdivisions; and,
WHEREAS, Commission Minute Order Number 112121 authorizes the State to undertake and
complete a highway improvement generally described as additional turn lanes and culvert extensions
on SH 289 from US 380 Interchange to North of FM 1461/13S 289D; 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 additional
turn lanes and culvert extensions on SH 289 from US 380 Interchange to North of FM 1461/13S 289D,
hereinafter called the "Project"; 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.
AFA-AFA VoITIP Page 1 of 7 Revised 07/07/10
CSJ#0091-04-050
District# 18-Dallas
Code Chart 64#34150
Project: SH 289-Additional Turn
Lanes and Culvert Extensions
CFDA#: 20.205
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 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
responsibility of the Local Government and will be carried out and completed by the Local
Government, at no cost to the State.
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.
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.
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.
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.
Article 4. Adjustments Outside the Project Site
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 5. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or employee of the
other party and each party agrees it is responsible for its individual acts and deeds as well as the acts
and deeds of its contractors, employees, representatives, and agents.
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" CSJ#0091-04-050
District# 18-Dallas
Code Chart 64#34150
Project: SH 289-Additional Turn
Lanes and Culvert Extensions
CFDA#: 20.205
Article 6. 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. At the
request of the State, the Local Government shall submit any information required by the State in the
format directed by the State.
Article 7. 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 8. Inspection and Conduct of Work
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 9. 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 Local 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 11 -Termination. If
this is a fixed price agreement as specified in Attachment A, 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, 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
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CSJ#0091-04-050
District# 18-Dallas
Code Chart 64#34150
Project: SH 289-Additional Turn
Lanes and Culvert Extensions
CFDA#: 20.205
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.
Article 10. Maintenance
Upon completion of the Project, the State will assume responsibility for the maintenance of the
completed Project unless otherwise specified in Attachment A to this agreement.
Article 11. 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 agreement 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.
+ 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.
Article 12. Notices
All 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: State:
Town Manager Director of Contract Services
Town of Prosper Texas Department of Transportation
407 E.First Street 125 E. 11th
Prosper,Texas 75078 Austin, Texas 78701
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 be delivered
personally or by certified U.S. mail and such request shall be honored and carried out by the other
party.
AFA-AFA VoITIP Page 4 of 7 Revised 07/07/10
CSJ# 0091-04-050
District# 18-Dallas
Code Chart 64#34150
Project: SH 289-Additional Turn
Lanes and Culvert Extensions
CFDA#: 20.205
Article 13. 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 14. 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 15. Amendments
By mutual written consent of the parties, this contract may be amended prior to its expiration.
Article 16. 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. 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.
Article 17. 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 of way shall cease immediately, and
the State may recover damages and all costs of completing the work.
Article 18. 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.
AFA-AFA_VoITIP Page 5 of 7 Revised 07/07/10
CSJ#0091-04-050
District# 18-Dallas
Code Chart 64#34150
Project: SH 289-Additional Turn
Lanes and Culvert Extensions
CFDA#: 20.205
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.
gy Date
District Engineer
THE LOCAL GOVERNMENT
Name of the Local Cove rpt
ByDate
Typed or Printed Name and Title //k� C,
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