2009-060OFFICIAL RECORD
RESOLUTION NO. 09-060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, AUTHORIZING A LOCAL
TRANSPORTATION PROJECT ADVANCE FUNDING
AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION ADDRESSING FUNDING
PARTICIPATION LEVEL AND PROJECT SCOPE FOR
THE CONSTRUCTION OF LANDSCAPING AND
IRRIGATION WITHIN THE MEDIANS ALONG FM 1709
FROM PEARSON LANE TO NOLEN DRIVE WITHIN THE
CITY LIMITS OF SOUTHLAKE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the Texas Department of Transportation provides for the development of, and
funding for the construction of medians along FM 1709 from Pearson Lane to Nolen Drive
within the city limits of Southlake; and
WHEREAS, The City of Southlake desires to install irrigation and landscaping within the
medians along FM 1709 from Pearson Lane to Nolen Drive within the city limits of Southlake;
and
WHEREAS, the Southlake City Council strongly supports the efforts of the Texas
Department of Transportation in developing a system of highways in cooperation with local
governments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
That all matters stated in the preamble of this resolution are true and correct and are
incorporated herein as if copied in their entirety.
SECTION 2.
That the City Council of the City of Southlake approves entering into this Local
Transportation Project Advance Funding Agreement for development and construction of
landscaping and irrigation within the medians along FM 1709 from Pearson Lane to Nolen Drive
within the City of Southlake.
SECTION 3.
That this resolution shall become effective from and after the date of its passage.
1
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS on this the 15th day of September, 2009.
ATTE T:
Lori Payne, TRMC U
City Secretary
2
CITY OF SOUTHLAKE
By:
John Terrell, Mayor
CSJ #1603-03-031
District # 02 -Fort Worth
Code Chart 64 #40050
Project: Median Enhancement
Features for FM 1709
Agreement #: 02-9XXF6009
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
LOCAL PROJECT 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 through the Texas
Department of Transportation, hereinafter called the State, and the Citv of Southlake, acting by and
through its duly authorized officials, hereinafter called the Local Government.
WITNESSETH
WHEREAS, Texas Transportation Code, Chapter 201 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, Texas Government Code Chapter 791 and Texas Transportation Code §201.209 and
Chapter 221, authorizes the State to contract with municipalities and political subdivisions; and,
WHEREAS, Commission Minute Order Number 111335 authorizes the State to undertake and
complete a highway improvement generally described as installing center medians on FM 1709 from
Pearson Lane to SH 114; 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 adding
landscaping enhancement features to include landscapinq, irrigation, and electrical work within the
median areas on FM 1709 from Pearson Lane to SH 114, hereinafter called the "Project"; and,
WHEREAS, Transportation Code, §201.209 allows the State to enter into an interlocal agreement
with a Local Government; 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. 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 Government has requested and has agreed to
pay for as described in Attachment A, Payment Provision and Work Responsibilities which is
AFA—LPAFA—Vo1Proj Page 1 of 7 Revised 09/23/2009
CSJ #1603-03-031
District # 02 -Fort Worth
Code Chart 64 #40050
Project: Median Enhancement
Features for FM 1709
Agreement #: 02-9XXF6009
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.
If the Local Government will perform any work under this contract for which reimbursement will be
provided by or through the State, the Local Government must complete training before a letter of
authority is issued. Training is complete when at least one individual who is working actively and
directly on the Project successfully completes and receives a certificate for the course entitled Local
Government Project Procedures Qualification for the Texas Department of Transportation. The Local
Government shall provide the certificate of qualification to the State. The individual who receives the
training certificate may be an employee of the Local Government or an employee of a firm that has
been contracted by the Local Government to perform oversight of the Project. The State in its
discretion may deny reimbursement if the Local Government has not designated a qualified individual
to oversee the Project.
Article 3. Payment of Funds. 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 4. 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 5. 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 6. Responsibilities of the Parties. Responsibilities of the Parties will be under the
conditions as provided for in the MAFA, without exception.
Article 7. 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. 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 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
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CSJ #1603-03-031
District # 02 -Fort Worth
Code Chart 64 #40050
Project: Median Enhancement
Features for FM 1709
Agreement #: 02-9XXF6009
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. Increased cost will be under the conditions as provided for in the
MAFA, without exception.
Article10. Maintenance. Project Maintenance will be under the conditions as provided for in the
MAFA, without exception.
Article 11. Termination. Termination of this LPAFA shall be under the conditions as stated in the
MAFA, without exception.
Article 12 Notices. Notices of this LPAFA shall be under the conditions as stated in the MAFA,
without exception. Local Government: Mayor
Citv of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
Article 13. Sole Agreement. Sole Agreement of this LPAFA shall be under the conditions as stated
in the MAFA, without exception.
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. Amendments to this LPAFA shall be made as described in the MAFA,
without exception.
Article 16. 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 17. 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.
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CSJ #1603-03-031
District # 02 -Fort Worth
Code Chart 64 #40050
Project: Median Enhancement
Features for FM 1709
Agreement #: 02-9XXF6009
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring
that the single audit report includes the coverage stipulated in OMB Circular A-133.
Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used and the Local
Government is performing any work, either directly or through a contractor, it must comply with the
following provisions. If a Local Government is receiving ARRA funds, but is not performing any work,
the following provisions apply, if appropriate, and to the extent necessary to comply with ARRA
regulations.
In accordance with Section 902 of the ARRA, should this agreement involve the expenditure of
ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to:
a. examine any records of the contractor or any of its subcontractors, or any State or local
agency administering such contract, that directly pertain to, and involve transactions
relating to the contract or subcontract; and
b. interview any officer or employee of the contractor or any of its subcontractors, or any State
or local agency administering the contract regarding such contracts.
Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the
existing authority of the Comptroller General.
In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant awarded
using covered funds, any representative of an appropriate inspector general appointed under Section
3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized:
a. to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to
and involve transactions relating to the contract, subcontract, grant, or subgrant; and
b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency
regarding such transactions.
Section 1515(b) further provides that nothing in the section previously mentioned shall be interpreted
to limit or restrict in any way the existing authority of an inspector general.
The ARRA requires that the Contractor report monthly employment information for its firm as well as
that of all of its subcontractors. The Contractor, similarly, shall include this reporting requirement in
all of its subcontracts. Failing to include the requirement in agreements with subcontractors can
serve as grounds for contract termination.
Form FHWA-1589, Monthly Emolovment Report, promulgated by the Federal Highway Administration
FHWA), captures the necessary monthly employment information and shall be submitted by the
Contractor on a regular basis to the LG (Local Government). It is the responsibility of the LG to obtain
this form from the prime Contractor and any subcontractors and, the LG shall verify the accuracy,
completeness, and reasonableness of the data contained in the form. The LG shall ensure that this
form is submitted by the LG to the State according to the policies and at the direction of the State.
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CSJ #1603-03-031
District # 02 -Fort Worth
Code Chart 64 #40050
Project: Median Enhancement
Features for FM 1709
Agreement #: 02-9XXF6009
In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to the
State all information requested by the State, including data or information in possession of
contractors and subcontractors for completing other necessary reporting forms, and the information
shall be submitted in the manner required and according to all due dates as set by the State.
Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have authority to
examine the records of the contractor, subcontractor, or local agency relating to the project at any
time.
Whenever funds from the ARRA are distributed to a Local Government, the Local Government must
complete its Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -
SAC), as required by OMB Circular A-133, and separately identify any ARRA expenditures for
Federal Awards.
Payment under this contract beyond the end of the current fiscal biennium is subject to availability of
appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with
no liability to either party.
Article 18. 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 19. Debarment Certification. The Local Government shall not contract with any person that:
is suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any federal agency or that is debarred or suspended by the State.
Article 20. 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.
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CSJ #1603-03-031
District # 02 -Fort Worth
Code Chart 64 #40050
Project: Median Enhancement
Features for FM 1709
Agreement #: 02-9XXF6009
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 ap ove an a oriz by the Texas Transportation Commission.
By f4J I Chaves
Date // / J
District tfngineer
THE LOCAL GOVERNMENT
Name of theLocal Government Citv of Southlake
By CJa-A,I:)
Date /- la- ID
Typed or Printed Name and Title John Terrell
Mayor
CSJ 41603-03-031
District # 02 -Fort Worth
Code Chart 64 #40050
Project: Median Enhancement
Features for FM 1709
Agreement #: 02-9XXF6009
Attachment A
Payment Provision and Work Responsibilities
The Local Government will pay for the cost of adding landscaping enhancement features to include
landscaping, irrigation, and electrical work on FM 1709 from Pearson Lane to SH 114, which are on
system locations. Based on the funding Category 8, the Local Government's participation is 100%
of the cost of this particular improvement. The Local Government's estimated cost of this additional
work is $1,281,033.00, including construction items and contingencies. The State has estimated the
project to be as follows:
Description Total Local
Construction
Subtotal'
Direct State Costs @
5.86% (oversight)
TOTAL
Estimate Cost
1,210,120.00
1,210;1,20.00'
70,913.00
1,281;033.00
Construction Work Responsibilities:
Participation
Cost
100% I $1,210,120.00
5
1,210,120.00
100% $70.913.00
1,281,033.00
The Local Government is responsible for maintaining the enhancement features which
include landscaping, irrigation, and electrical work within the median areas on FM 1709 from
Pearson Lane to SH 114. The Local Government will pay for all maintenance costs on the
Project.
Local Government's Participation (100%) _ $1.281.033.00
Direct State Cost will be based on actual charges.
This is an estimate only, final participation amounts will be based on actual charges to the project.
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