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23-R-103 Advanced Funding Agreement with TXDot Schertz ParkwayRESOLUTION NO. 23-R-103 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR LOCAL GOVERNMENT CONTRIBUTIONS TO A TRANSPORATION IMPROVEMENT PROJECT TO PROVIDE FOR SCHERTZ PARKWAY BRIDGE SIGNAGE WHEREAS, the Texas Department of Transportation (TxDOT) is undertaking the IH 35 NEX project to expand capacity on IH 35 within the city of Schertz; and WHEREAS, the City of Schertz, Texas and the Schertz Economic Development Corporation desires to increase the visibility of the City on local signage at highly visible locations; and WHEREAS, the Board of Directors of the Schertz Economic Development Corporation took action at its regular meeting on August the 241h, 2023 approving SEDC Resolution 2023-06 to authorize the funding of the signage at a cost not to exceed ONE HUNDRED AND FORTY FIVE THOUSAND DOLLARS ($145,000); and WHEREAS, City Staff has recommended that the City enter into the Advanced Funding Agreement with the Texas Department of Transportation for the Schertz Economic Development project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council of the City of Schertz, Texas authorizes the Schertz City Manager to enter into the . Advanced Funding Agreement for the Transportation Improvement Project to provide for Schertz Parkway Bridge Signage. attached hereto as Exhibit "A'. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgement and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provisions of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of the Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provisions. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effective from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 19-11-- day oflkr6 (�2023. CITY OF SCHE 4 , TEXAS 04�1 Ralp , itie r z, Mayor ATT f / Sheila Edmondson, City Secretary ATTACHMENT A OocuSign Envelope ID: 59F33DE7-OOA9-49ED-9A39-AA5F8A3D333C CSJ# 0016-06-047 & 0016-07-113 District# I SAT(15) i AFA ID j Z00008566 Code Chart 64 # 38440 Project Name 1135 NEX City of Schertz Branding STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON -SYSTEM 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 Schertz, acting by and through its duly authorized officials, called the "Local Government". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, Transportation Code, Chapters 201 and 221, 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, the Texas Transportation Commission passed Minute Order Number 115291, 115550, 115814 authorizing the State to undertake and complete a highway improvement generally described as expand from 8 lane to 14 lane expressway; add 6 new express lanes including 2 HOV special use lanes. 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 135 NEX City of Schertz Branding; 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, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: Page 1 of 5 AFA VoITIP Revised 04/22/2021 DocuSign Envelope ID: 59F33DE7-OOA9-49ED-9A39-AA5F8A3D333C CSJ# 0016-06-047 & 0016-07-113 District# [ SAT(15) [ AFA ID / Z00008566 Code Chart 64 # 38440 Project Name 135 NEX City of Schertz Branding AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in full force and effect until the Project has been completed and accepted by all parties or unless terminated as provided below. 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 (Attachment A) 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 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 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" or may use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. 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. Page 2 of 5 AFA VoITIP Revised 04/22/2021 DocuSign Envelope ID: 59F33DE7-OOA9-49ED-9A39-AA5F8A3D333C CSJ# 0016-06-047 & 0016-07-113 District# I SAT(15) j AFA ID 1 200008566 Code Chart64 # 38440 Project Name 135 NEX City of Schertz Branding 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 MicrosoftO 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, 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 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 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. 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. Page 3 of 5 AFAVoITIP Revised 04/22/2021 OocuSign Envelope ID: 59F33DE7-OOA949ED-9A39-AA5F8A3D333C CSJ# 0016-06-047 & 0016-07-113 District# I SAT(15) [ AFA ID I Z00008566 Code Chart 64 # 138440 Project Name 1135 NEX City of Schertz Branding 11. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in Attachment A or existing maintenance agreements with the Local Government. 12. 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. 13. 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 Schertz ATTN: City Manager 1400 Schertz Parkway Schertz, TX 78154 State: Texas Department of Transportation ATTN: Director of Contract Services 125 E. 11 th Street Austin, TX 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, 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. 14. 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. Page 4 of 5 AFA YoITIP Revised 04/22/2021 DocuSign Envelope ID: 59F33DE7-OOA9-49ED-9A39-AA5F8A3D333C CSJ# 0016-06-047 & 0016-07-113 District# [ SAT(15) I AFA ID j Z00008566 Code Chart 64 # 38440 Project Name 1135 NEX City of Schertz Branding 15. 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. 16. Amendments By mutual written consent of the parties, this agreement may be amended in writing prior to its expiration. 17. State Auditor Pursuant to Texas Government Code§ 2262.154, 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. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Kenneth Stewart Typed or Printed Name Director of Contract Services Texas Department of Transportation Typed or Printed Title Date Signature Steve Williams Typed or Printed Name City Manager ity of Schertz Typed or Printed Title Date Page 5of5 AFA VoITIP Revised 04/22/2021 DocuSign Envelope ID: 59F33DE7-OOA9-49ED-9A39-M5F8A3D333C csi # 0016-06-047 8-, 0016-07-113 District # SAT(15) 1 AFA ID . 200008566 Code Chart 64 # 38440 Project Name 135 NEX City of Schertz Branding ATTACHMENT A PAYMENT PROVISION .AND WORK RESPONSIBILITIES The Local Government shall provide $145,000 to the State on or before 30 days after execution of this agreement for work consisting of constructing raised concrete lettering on the outside face of the bridge rail of the turn around bridges at Schertz Parkway. The State will be responsible for overruns. WORK RESPONSIBILITIES: 1. Construction Responsibilities The State will be responsible for the construction as stated below: TxDOT will be constructing raised concrete lettering on the outside face of the bridge rail of the turn around bridges at Schertz Parkway. The lettering will read "SCHERTZ PARKWAY'. The lettering will be displayed above the IH 35 Northbound Main.Lane direction on the north to south turnaround bridge and one set above the IH 35 Southbound Main Lane direction on the south to north turnaround bridge. Once the lettering is completed and painted, the City of Schertz will be responsible for maintaining the lettering. This will include restoration of the lettering and traffic control needed to perform the restoration, including lane closures on the IH 35 main lanes, lH 35 elevated lanes, and on Schertz Parkway. Restoration will include repairing damaged concrete on the lettering itself, repairing any concrete damage or spalling to the rail immediately above or below the lettering, refreshment of the lettering, refreshment of the paint on the rail immediately above, below, and within the lettering area. Horizontally, this translates to one foot on each side of the lettering. 2. Right of Way and Real Property The State will be responsible for the acquisition of Right of Way and Real Property. 3. Utilities The State will be responsible for the adjustment, removal, or relocation of utility facilities. 4. Architectural and Engineering Services The State will be responsible for the performance of architectural and engineering services. 5. Environmental Assessment and Mitigation The State will be responsible for the Environmental Assessment and Mitigation Page 1 of 2 AFA VoITIP Attachment A DocuSign Envelope ID: 59F33DE7-DDA9-49ED-9A39-AA5F8A3D333C CSJ # 0016-06-047 & 0016-07-113 District# 1 SATf15) 1 AFA ID N 200008566 Code Chart 64 # 138440 Project Name 1135 NEX City of Schertz Branding 6. Maintenance The LG will be responsible for maintaining the lettering. This will include restoration of the lettering and traffic control needed to perform the restoration, including lane closures on the IH 35 main lanes, IH 35 elevated lanes, and on Schertz Parkway. Restoration will include repairing damaged concrete on the lettering itself, repairing any concrete damage or spalling to the rail immediately above or below the lettering, refreshment of the lettering, refreshment of the paint on the rail immediately above, below, and within the lettering area. Horizontally, this translates to one foot on each side of the lettering. Page 2 of 2 WA VoITIP Attachment A ertlflcate Of Completion Envelope Id: 59F33DE70OA949ED9A39AA5F8A3D333C Status: Sent Subject: Please DocuSign AFAID 200008566 with City of Schertz Source Envelope: Document Pages: 9 Signatures: O Envelope Originator: Certificate Pages: 5 Initials: O Bryan Watson AutoNav: Enabled 125 E. 11th Street Envelopeld Stamping: Enabled Austin, TX 78701 Time Zone: (UTC-06:00) Central Time (US & Canada) Bryan.Watson@txdot.gov I Address: 209.112.106.2 Record Tracking Status: Original Holder: Bryan Watson Location: DocuSign 9/25/2023 1:46:56 PM Bryan.Watson@txdot.gov Security Appliance Status: Connected Pool: Statel-ocal Storage Appliance Status: Connected Pool: Texas Department of Transportation Location: DocuSign klgner Events Signature Timestamp Steve Williams Sent: 9/25/2023 1:48:59 PM steve.williams@schertz.com Viewed: 9/25/2023 4:53:38 PM Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 9/25/2023 4:53:38 PM ID: 8c3eOa09-df36-42fd-bfc9-3a392eae20ff Kenneth Stewart ken neth.stewa rt@txdot.gov Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Barbara Gault Barbara. Gault@txdot.gov Texas Department of Transportation Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Notary Events Envelope Summary Events COPIED Signature Signature Status Sent: 9/25/2023 1:48:59 PM Tlmestamp Timestamp Timestamps DocuSign Envelope Summary Events Status Envelope Sent Hashed/Encrypted Payment Events Status Electronic Record and Signature Disclosure Timestamps 9/25/2023 1:48:59 PM Timestamps Electronic Record and Signature Disclosure created on: 1/9/2015 7:21:34 AM Parties agreed to: Steve Williams ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Texas Department of Transportation (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. 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