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Item 4D CITY OF SOUTHLAKE Item 4D MEMORANDUM (August 1 , 2017) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Ratify approval of Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for the installation and construction of traffic signals at the intersections of State Highway 114 frontage roads and Kirkwood/Solana Boulevard previously authorized by the City Manager. Action Requested: Ratify approval of Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for the installation and construction of traffic signals at the intersections of State Highway 114 frontage roads and Kirkwood/Solana Boulevard previously authorized by the City Manager. Background Information: In July of 2017 while the City Council was on recess, the City Manager authorized the approval of a LPAFA as authorized by the City Council at the June 20, 2017 council meeting. Time for the construction of this project is of the essence due to the ongoing development in this region and associated mobility issues. A signal warrant study was completed in relation to the TD Ameritrade development for four intersections. The signal warrant study identified the eastbound and westbound State Highway 114 frontage roads at Kirkwood Boulevard/Solana Boulevard as needing to be upgraded from stop controlled to traffic signal controlled. The signal warrant study and traffic impact analysis also identified geometric improvements for these intersections. A design contract was awarded by City Council to Kimley-Horn and Associates, Inc. at the March 7, 2017 meeting. TxDOT drafted a Local Project Advance Funding Agreement (LPAFA) to stipulate local contribution for the traffic signals. TxDOT will be responsible for the construction of the traffic signal and will not proceed without a signed LPAFA. The LPAFA was executed by TxDOT July 13, 2017 Item 4D Financial Considerations: Construction expenses for this project are included in the FY2017 CIP budget. Strategic Link: The TxDOT LPAFA for the construction of the traffic signals for the Kirkwood/Solana Boulevard at State Highway 114 frontage roads links to the City's strategy map relative to the focus areas of Mobility, Infrastructure, Quality Development and Partnerships. The specific corporate objectives that are met by this project are to (C2) Provide travel convenience within the City & region, (C5) Promote opportunities for partnerships and (F2) Invest to provide & maintain high quality public assets. The critical business outcome is to (CBO2) Enhance mobility through aggressive traffic management initiatives and capital project implementation. Citizen Input/ Board Review: N/A Legal Review: N/A Alternatives: The Council may ratify the approval the TxDOT Local Project Advance Funding Agreement or disapprove it. Supporting Documents: Location Map LPAFA - Executed Staff Recommendation: Ratify approval of Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for the installation and construction of traffic signals at the intersections of State Highway 114 frontage roads and Kirkwood/Solana Boulevard previously authorized by the City Manager.. Staff Contact: Rob Cohen, Director of Public Works Kyle D. Hogue, P.E., Deputy Director/City Engineer Steven D. Anderson, P.E., CFM, Deputy City Engineer Page 2 of 2 IF M pie � i,j� 1� •�� r T - � ��I� ISI�� ,' ': A C O � v V � N i L a _ Texas Department of Transportation 2501 SOUTHWEST LOOP 820 I FORT WORTH,TEXAS 76133-2300 1 (817)370$500 1 July 17, 2017 Traffic Signal SH 114 and Kirkwood/Solana CSJ: 0902-00-148 Tarrant County Ms.Shana K.Yelverton City Manager Attn:Valerie potter City of Southlake 1400 Main Street,Suite 320 Southlake,TX 76092 Dear Ms. Yelverton: Attached, for your files, is one fully executed original of the Local Project Advance Funding Agreement between the City of Southlake and the State for the above referenced project. All contractual matters concerning the agreement will continue to be handled by our Transportation Planning and Development office. If you should have any questions concerning this matter, please contact me at(817) 370-6997. Sincerely, r Rose Rodriguez Transportation Planning& Development Office Fort Worth District Enclosures OUR VALUES: People 0 AccountablHty- Trust -Honesty OUR MISSION: Through collaboration and leadership,we deliver a safe,reliable,and Integrated transportation system that enables the movement of people and goods. M Equal Oppanunity Employer GRIGINAL DOCUMENT CITY OF SOUTIKE Council ActionLYM CSJ#0902-00-148 Ord./Res.No. District#02-Fort Worth Date Approved- Io Lz^;�o i 7 ._ Code Chart 64#40050 Project: Traffic signal SH 114 and Kirkwood/Solana STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL PROJECT 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 through the Texas Department of Transportation, called the "State", and the City of Southlake, acting by and through its duly authorized officials, 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,Texas Transportation Commission Minute Order Number 114670 authorizes the State to undertake and complete a highway improvement generally described as Non-Site Specific Traffic Signal Installation for Fiscal year 2017; 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 construct a traffic signal at the intersection of SH 114 and Kirkwood/Solana in the City of Southlake and Town of Westlake. The work will include mast arm signal poles with luminaires, LED signal heads, radar vehicle detection, electrical service, and traffic signal controller and GPS and Opti-Com pre-emption, 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 1. Time Period Covered The period of this Local Project Advance Funding Agreement (LPAFA) is as stated in the Master Agreement Governing Local Transportation Project Advance Funding Agreements (MAFA), without exception. AF/-LPAFA_VolProj Page 1 of 5 Revised 02126/2016 CSJ #0902-00-148 District#02-Fort Worth Code Chart 64#40050 Project: Tragic signal SH 114 and Kirkwood/Solana 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. 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." 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 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. 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. 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. 6. Responsibilities of the Parties Responsibilities of the Parties will be under the conditions as provided for in the MAFA, without exception. 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. 8. Inspection and Conduct of Work Unless otherwise specifically stated In Attachment A, Payment Provision and Work Responsibilitles, 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 AFA-t.PAFA volProj Page 2 of 5 Revised 02/26/2016 CS1 #0902-00-148 District#02-Fort Worth Code Chart 64#40050 Project: Traffic signal SH 114 and Kirkwood/Solana 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 Cost Increased cost will be under the conditions as provided for in the MAFA, without exception. 10. Maintenance Project maintenance will be under the conditions as provided for in the MAFA, without exception. 11. Termination Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. 12. Notices Notices of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Local Government: State: City Manager Director of Contract Services City of Southlake Texas Department of Transportation 1400 Main Street, Suite 270 125 E. 11th Street Southlake, Texas 76092 Austin, Texas 78701 13. 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. 14. Amendments Amendments to this LPAFA shall be made as described in the MAFA, without exception, 15. Incorporation of Master Agreement Provisions This LPAFA incorporates all relevant provisions of the MAFA in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted in this agreement. Any conflict between the terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA. AFA—LPAFA VoiProj Page 3 of 5 Revised 02/26/2016 CSJ#0902-00-148 District#02-Fort Worth Code Chart 64 #40050 Project: Traffic signal SH 114 and Kirkwood/SoIana 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—LPAFA VolProj Page 4 of 5 Revised 02126/2016 CSJ #0902-00-148 District#02-Fort Worth Code Chart 64 #40050 Project: Traffic signal SH 114 and Kirkwood/Solana THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. TH LOCAL GOVERNMENT qw, A J] -4 & /, m A-)X,., Signature ATT 5JU- Pao a�a Gl�rr-64---'°" LORI PAYNE, TR&(C- Typed or Printed Name CITY SECRETARY,%%o0'"+fi,,,, 6Lanw&- At � Title/ `1 Date THE S T O T S Distri t ngine r Date AFA-LPAFA VolProj Page 5 of 5 Revised 02/26/2016 CSJ#0902-00-148 District#02-Fort Worth Code Chart 64#40050 Project: Traffic signal SH 114 and Kirkwood/Solana Not Research and Development Attachment A PAYMENT PROVISION AND WORK RESPONSIBILITIES The State will construct a traffic signal at the intersection of SH 114 and Kirkwood/Solana in the City of Southlake and Town of Westlake. The work will include mast arm signal poles with luminaires, LED signal heads, radar vehicle detection, electrical service, and traffic signal controller and GPS and Opti-Com pre-emption. Payment will be made to the State upon execution of this AFA and before the State starts work. The Local Government will then be responsible for 100% of the costs. Description otal Estimated Federal too Gal Cost Partici at!on a % rtici ation artici ation /o Cost /o Cost /0 ost Construction (by State) 277,180 % 0 0 100% 277,180 Subtotal $277,180 0 0 277,180 Constriction Direct State 41,577 % 0 100% 1,577 % 0 Costs Indirect State Costs 14,607 % 0 100% 14,607 % 0 TOTAL 333,364 0 56,184 277,180 .2 Payment by the Local Government to the State before construction: $277,180.00 Estimated total payment by the Local Government to the State: $277,180.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA—LPAFA volProj Page 1 of 1 Revised 04/01/11