HomeMy WebLinkAbout2016-R-08 - Regional 911 DistrictRESOLUTION No. 2016-R-08
A RESOLUTION AUTHORIZING THE CREATION OF THE NORTH CENTRAL TEXAS REGIONAL 9-1-1
EMERGENCY COMMUNICATIONS DISTRICT
WHEREAS, Chapter 772, Subchapter Il, of the Texas Health and Safety Code, cited as the Regional
Emergency Communications District Act (the "act'), provides the creation of a Regional Emergency
Communications District: and
WHEREAS, the act applies to a state planning region established under Chapter 391 of the Texas Local
Government Code with a population of under 1.5 million, composed of counties and municipalities that
operate a 9-1-1 system solely through a regional planning commission: and
WHEREAS, the Act requires that the governing bodies of each participating county and municipality in the
region adopt a resolution approving the creation of the Regional Emergency Communications District (the
"District'): and
WHEREAS, as of (xx xx, year), the City of Stephenville exclusively receives 9-1-1 system services operated
through the North Central Texas Council of Governments, a regional planning commission.
NOW, THEREFORE, BE IT RESOLVED THATTHE CffYOFSTEPHENVILLEAUTHORIZES THE CREATION OFTHE
NORTH CENTRAL TEXAS REGIONAL 9-1-1 EMERGENCY COMMUNICATIONS DISTRICT
Passed and approved on the 7t" dayofXM2016 ata regularly scheduled council meeting ofthe City of
Stephenville, Texas.
ATTEST:
Cindy L. S ord, Ci y Secr y
Reviewed by Patrick CANdges,
City Administrator
Approved as to form and legality by
Randy Thomas, City Attorney
0
STATE OF TEXAS
COUNTY OF TRAVIS
CSJ # 0902 — 00 —142
District # 02 — Fort Worth
Code Chart 64 # 40750
Project: Traffic Signal at BU 377
And St. Felix Street (On -System)
CFDA # 20.205
Not Research and Development
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, called the "State", and the City of Stephenville, acting by and
through its duly authorized officials, called the "Local Government."
WITNESSETH
WHEREAS, Transportation Code, Chapters 201, 221, 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, Texas Transportation Commission Minute Order Number#114417 authorizes the
State to undertake and complete a highway improvement generally described as Traffic Signal
Installation Non -Site Specific 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,
installation of a traffic signal at the intersection of BU 377 and St Felix In City of
Stephenville Texas. The project will include Mast Arms, Signal Poles,
Pedestrian Poles, Radar Detection System, Signal Controller, Pedestrian
Signals, Electrical Service, Signs, Crosswalks and Pavement Markings, 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:
AFA-AFA VorrIP Page 1 of 6 Revised 02/26/2016
CSJ # 0902 — 00 —142
District # 02 — Fort Worth
Code Chart 64 # 40750
Project: Traffic Signal at BU 377
And St. Felix Street (On -System)
CFDA # 20.205
Not Research and Development
AGREEMENT
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 in this agreement has been completed and accepted
by all parties or unless terminated, as provided for by this agreement.
2. Project Funding and Work Responsibilities
A. 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.
B. 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.
C. 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.
D. 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." The check or warrant shall be deposited by the State and managed by the
State. The funds may only be applied by the State to the Project. If after final Project
accounting any excess funds remain, those funds may be applied by the State to the Local
Government's contractual obligations to the State under another advance funding agreement
with approval by appropriate personnel of the Local Government.
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.
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.
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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CS7 # 0902 - 00 -142
District # 02 — Fort Worth
Code Chart 64 # 40750
Project: Traffic Signal at BU 377
And St. Felix Street (On -System)
CFDA # 20.205
Not Research and Development
8. 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.
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.
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 in this agreement by reference, or special specifications approved by the State.
9. Increased Costs
A. If the Local Government's financial responsibility is a specified percentage as reflected in
Attachment A, Payment Provision and Work Responsibilities, and changed site conditions are
discovered that result in the Local Government's funding being 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 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 additional funds. The Local
Government shall pay the funds to the State within thirty (30) days of the written notification,
unless otherwise agreed to by the parties to this agreement. Should the Local Government
fail to pay the additional funds, this agreement shall be mutually terminated in accordance
with Article 11 - Termination.
B. 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 cost
to the department for a highway improvement project, then any increased costs associated
with the ordinances or changes will be paid by the Local Government. The cost of providing
AFA-AFA VoITIP Page 3 of 6 Revised 02/26/2016
CSJ # 0902 - 00 -142
District # 02 - Fort Worth
Code Chart 64 # 40750
Project: Traffic Signal at BU 377
And St. Felix Street (On -System)
CFDA # 20.205
Not Research and Development
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.
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.
11. Termination
A. This agreement may be terminated in the following manner:
1. By mutual written agreement and consent of both parties;
2. By either party upon the failure of the other party to fulfill the obligations set forth in this
agreement; or
3. By the State if it determines that the performance of the Project is not in the best interest
of the State.
B. 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.
C. 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.
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:
City of Stephenville
298 West Washington Street
Stephenville, Texas 76401
Director of Contract Services
Texas Departrnent of Transportation
125 E. 11th Street
Texas 78701
All notices shall be deemed given on the date so delivered or so deposited in the mall, unless
otherwise provided in this agreement. 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 6 Revised 02/26/2016
n
n
CSJ # 0902 — 00 — 142
District # 02 — Fort Worth
Code Chart 64 # 40750
Project: Traffic Signal at BU 377
And St. Felix Street (On -System)
CFDA # 20.205
Not Research and Development
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.
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.
15. Amendments
By mutual written consent of the parties, this agreement may be amended prior to its expiration.
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.
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.
18. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
AFA-AFA—VoITIP Page 5 of 6 Revised 02/26/2016
CSJ # 0902 — 00 —142
District # 02 — Fort Worth
Code Chart 64 # 40750
Project: Traffic Signal at BU 377
And St. Felix Street (On -System)
CFDA # 20.205
Not Research and Development
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
4iva c
Signatu U^
Jerry R. Weldon II
Typed or Printed Name
Mayor
Title
June 7, 2016
Date
THE i 11 1
V % *'9
Brian R. Barth, P.E.
District Engineer
Fort Worth District
Date
AFA-AFA—VoITIP Page 6 of 6 Revised 02/26/2016
CSJ # 0902 — 00 —142
District # 02 — Fort Worth
Code Chart 64 # 40750
Project: Traffic Signal at BU 377
And St. Felix Street (On -System)
CFDA # 20.205
Not Research and Development
ATTACHMENT A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
The State will install a traffic signal at the intersection of BU 377 and St. Felix in City of
Stephenville Texas. This will include Mast Arms, Signal Poles, Pedestrian Poles, Radar
Detection System, Signal Controller, Pedestrian Signals, Electrical Service, Signs,
Crosswalks and Pavement Markings
The Local Government is 100% responsible for $119,687.00 and for any cost overruns.
Description
Total Estimated
Cost
State Participation
Local Participation
%
Cost
%
Cost
Construction (by State)
$119,687.00
0%
$0
100%
$119,687.00
Subtotal
$119,687.00
0%
$0
100%
$119,687.00
Indirect State Costs
$7,636.00
100%
$7,636.00
0%
$0
TOTA
$127,323.00
$7,636.00
$119,687.00
Total payment by the Local Government to the State: $119,687.00
This is an estimate. The total amount of Local Government participation will be based on actual
costs.
AFA-AFA VoITIP Page 1 of 1 Attachment A
® FOR STATE USE ONLY r
texas Deposit :Fund 6 (06991-3767) Project Charge: 02-7&0902-00-142
Department
of TYenaportetlon
ADVANCE PAYMENT
Highway
BU -377
County
TARRANT
Limits
BU-377 & ST.FELIX STREET
Description
TRAFFIC SIGNAL
Type of Agreement
AFA
Requested By
Section
Date
Entity Name
Entity Code
Allen Bowie
CSJ 0902-00-142
Project No.
TP&D
April 14, 2016
CITY OF STEPHENVILLE
40750
Reason & Amount of Funds R nested
Ri t of Wa Li
gh y
$
0.00
Preliminary Engineering
❑
$
0.00
Preliminary Engineering Overrun
❑
$
0.00
Preletting
❑
$
0.00
Construction
❑✓
$
119,687.00
Construction Overrun
❑
$
0.00
Total
$
119,687.00
To be Filled in by Outside Entity
Amount Sulmitted $ 1 1q ('Pg-7. 00
Check # I y 3o4
Date Submitted q 11 I L01 to
PLEASE RETURN THIS COMPLETED FORM WITH PAYMENT
To be Filled in by TxDOT After Receipt
Amount Received
Date Received
Name of Employee
(who received and
processed deposit)
-7- 5- a01(0
This is an Agreement by and between the City of Stephenville, hereafter CITY,
and Tarleton State University, hereafter TSU, both acting by and through their duly
authorized officials, and the parties agree as follows:
Whereas, CITY has entered into an Advance Funding Agreement for Voluntary
Local Government Contributions to Transportation Improvement Projects With No
Required Match with Texas Department of Transportation, hereafter TXDOT, a copy of
said agreement is attached to this agreement and made a part hereof; and
CITY entered into the above referenced agreement at the request of TSU, as a
facilitator or conduit that allows TSU, with the cooperation of TXDOT and CITY , to
have installed a traffic signal at the intersection of BU 377 and St. Felix Street which is
located in the boundaries of CITY; and
Whereas, TSU has agreed to assume all financial liability and obligations that
CITY has under the above described agreement.
THEREFORE, in consideration of the premises and of the mutual covenants,
benefits and agreements of the parties hereto the parties agree as follows:
TSU hereby agrees to assume and does assume all of the financial liability of
CITY to TXDOT in the attached agreement described above especially including, but not
limited to the liabilities set out in Number 2, Number 9, Number I 1 and Attachment A of
said agreement, not to exceed $119,687.00 without advance written approval from TSU.
CITY agrees to perform under the other terms and conditions of the agreement
and to hold TSU harmless from performance thereof.
The Parties acknowledge that both CITY and TSU are agencies of the State of
Texas and nothing in this Agreement will be construed as a waiver or relinquishment by
either of its right to claim all exemptions, privileges, and immunities as may be provided
by law.
The validity of this Agreement and all matters pertaining to this Agreement,
including but not limited to, matters of performance, non-performance, breach, remedies,
n
procedures, rights, duties, and interpretation or construction, shall be governed and
determined by the Constitution and the laws of the State of Texas. Venue for any suit
filed concerning this Agreement shall be in Erath County.
This Agreement and each and all of its covenants, obligations, and conditions
shall inure to the benefit of and be binding upon the personal representatives, successors,
and permitted assigns of the parties.
If any term, provision, covenant, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions of this Agreement will remain in full force and effect and will not be affected,
impaired or invalidated.
Any notice required or permitted under this Agreement must be in writing, and
shall be deemed to be delivered (whether actually received or not) when deposited with
the United States Postal Service, postage prepaid, certified mail, return receipt requested,
and addressed to the intended recipient at the address set out below. Notice may also be
given by regular mail, personal delivery, courier delivery, facsimile transmission, email
or other commercially reasonable means and will be effective when actually received.
TSU and CITY can change their respective notice address by sending to the other party a
notice of the new address. Notices should be addressed as follows:
CITY: City of Stephenville
Attn: Director of Public Works
298 West Washington
Stephenville, TX 76401-4257
Phone: 254-918-1223
TSU: Tarleton State University
Attn: Support Services with copy to Contract
Specialist
Box T-0600
Stephenville, Texas 76402
Phone:(254) 968-0515
Fax: (254) 968-9838
This Agreement constitutes the entire agreement between CITY and TSU and
will not be explained, modified, or contradicted by any prior or contemporaneous
negotiations, representations, or agreements, either written or oral. This Agreement may
only be amended by a subsequent written instrument approved by both parties.
This Agreement is effective the ar" iday of t RO - 2016 (the "Effective
Date"), regardless of the date actually signed.
CITY OF STEPHENVILLE, a Municipality
By. �
JE#RYN WELDON, II
Mayor
APPROVED AS TO FORM:
RANDY THOMAS
City Attorney
City of Stephenville
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF ERATH
This instrument was acknowledged before me this day of
2016 by JERKY K. ,, j4 �CDOA� II, Mayor of the City of Stephenville, on behalf of said
municipality. ��S. .. t. KING
• 2oSPPY Pug'*
_ � 5
'.�inTF Of SE2^
TERMS AND
ACCEPTED:
L-
I�
Y ACKNOWLEDGED AND
TARLETON STATE UNIVERSITY, a member
of The Texas A&M University System and an
agency of the State of Texas
MIN
APPROVED AS TO FORM:
WARREK J. DELUCA
Assistant General Counsel
Office of General Counsel
The Texas A&M University System
STATE OF TEXAS
COUNTY OF ERATH
F. I IC TTAVIO
President
Tarleton State University
ACKNOWLEDGEMENT
� rG�
This instrument was acknowledged before me this `, %ay of U
2016 by F. DOMINIC DOTTAVIO, President of Tarleton State University, a member
of The Texas A&M University System and an agency of the State of Texas.Jai
Notary Public,
/,,r EMILY TREADAWAY
f\_�fl►J�/ NOTARY ausuc
a sup. a Texas
NOTARY WIT1401.1T BOND
J
CSJ # 0902 — 00 — 142
District # 02 — Fort Worth
Code Chart 64 # 40750
Project: Traffic Signal at BU 377
And St. Felix Street (On -System)
CFDA # 20.205
Not Research and Development
ATTACHMENT A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
The State will install a traffic signal at the intersection of BU 377 and St. Felix in City of
Stephenville Texas. This will include Mast Arms, Signal Poles, Pedestrian Poles, Radar
Detection System, Signal Controller, Pedestrian Signals, Electrical Service, Signs,
Crosswalks and Pavement Markings
The Local Government is 100% responsible for $119,687.00 and for any cost overruns.
Description
Total Estimated
Cost
State Participation
Local Participation
%
Cost
%
Cost
Construction (by State)
$119,687.00
0%
$0
100%
$119,687.00
Subtotal
$1191687.00
0%
$0
100%
$119,687.00
Indirect State Costs
$7,636.00
100%
$7,636.00
0%
$0
TOTAL
$127,323.00
$7,636.00
$119,687.00
Total payment by the Local Government to the State: $119,687.00
This is an estimate. The total amount of Local Government participation will be based on actual
costs.
AFA-AFA_VoITIP Page 1 of 1 Attachment A