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Item 4G MemoCITY OF SOUTHLAKE MEMORANDUM (August 4, 2020) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Item 4G Subject: Approve a revised Advanced Funding Agreement (AFA) with TxDOT for the replacement of the S. White Chapel Boulevard/Pleasant Run Bridge. Action Requested: Approve a revised Advanced Funding Agreement (AFA) with TxDOT for the replacement of the S. White Chapel Boulevard/Pleasant Run Bridge. Background Information: TxDOT contacted the Department of Public Works regarding the structural integrity of the S. White Chapel Bridge in 2012. Soil erosion at the base of the bridge supports increased and would ultimately jeopardize the structural integrity of the bridge. A locally funded repair project was undertaken to extend the service life of the off system bridge. TxDOT concurrently submitted a project to replace the off system bridge via the Federal Bridge Replacement program. The Program funds on and off system bridges in need of reconstruction based on the following allocation: Federal-80%, State-10%, Local Government-10%. TxDOT recently confirmed that the bridge had been chosen for replacement. As a result, TxDOT requested to formalize the agreement between the State and the local governing body via an Advanced Funding Agreement (AFA). The AFA committed Southlake to a cost share agreement in which Southlake would fund a portion of the design and construction. Colleyville has agreed to reimburse Southlake, in principle, 50% of the total costs incurred by the local government. The primary ILA with TxDOT was approved by the City Council on June 19, 2018 in an amount of $111,898.50. Local government requests for a sidewalk and additional utility work increased the project costs above the previously approved amount. Item 4G Financial Considerations: Approval of the revised ILA will commit Southlake to a new project cost of $212,268 ($192,971 for project cost plus 10% contingency). Funds are available within the existing project budget. Strategic Link: This item links to the City's Strategy Map strategic focus area of Infrastructure. It specifically relates to the City's Corporate Objective, F2: Invest to Provide & Maintain High Quality Public Assets. Citizen Input/ Board Review: NIA Legal Review: The City Attorney's Office has reviewed the AFA. Alternatives: The City Council may approve or deny these expenditures. Staff Recommendation: Approve a revised Advanced Funding Agreement (AFA) with TxDOT for the replacement of the S. White Chapel Boulevard/Pleasant Run Bridge. Supporting Documents: Attachment A: Advanced Funding Agreement Staff Contact: Rob Cohen, Director of Public Works Attachment A Texas Department of Transportation 01 T LOP 1 FORT WORTH, TEXAS 7 3-2 0 1( 17) 3 00 1 February 19, 2020 i Bear Creek on WhiteChapel Boulevard J:0902-90-165 Tarrant County Robert Cohen Director of Public Works City of Southlake - 1400 Main Street, Suite Southlake, Texas 76092 Dear Mr. Co Attachedr o originals of the Adv c Funding r et Voluntary the City Southlake and the State for the above referenced project. Please cute both originals and return them to the Forto is ric . Mail t: Texas Department of Transportation Attn: Rose Rodriguez - Transportation Planning & Development 1 S. W. Loop Fort Worth, Texas If needed, please place i of Southlake stamps or extra signatures on the backof the agreement to preclude legibility issues. If you should v ny questions concerning is matter, please contact ose Rodriguez at (17) 370-6997. Sincerely, Cynthiaon Advancens tin Planning WorthFort istric Enclosures OUR VALUES: People - Accountability - Trust - Honesty OURMISSION: Connecting You With Texas _'. 0` r i r2- Fort Worth Project Name I i Bi Bear Creek on White Chapel 9 STATE OF TEXAS § COUNTY OF I 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 Transportationcalled the "State", and the City of Southlake, actingby and throughits duly authorized officials, called the "Local Government". The State and Local Government shall be collectively referred s "theparties" hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation iroue ets to implement its public purposes, and Transportation Code, Chapters 201 and 221, authorize the State to day out, construct, maintain, and operate a system streets, roads, and highways that comprise the State Highway System; and Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 1, authorize the State to contract with municipalities and political subdivisions; and the Texas Transportation Commission seMinute Order Number 115291 authorizing the State to undertake and complete a highway improvement generally described as to provide additional width on the bridge to accommodate sidewalk; and the focal Government has requested that the State allow the Local Government to participate in said improvement y funding that portion of the improvement escri e a provide ii l work to include i Ik on the proposed White Chapel Bridget Big Bear Creek, called t (Project); and the State has determined that such participation is in the best interest of the citizens of the state; THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed s set forth in this Agreement, it is agreed as follows; Page 1 of 6 AFA VoITIP Revised1/1 17 r� 0902-90-165 74 1� Project Name Big Bear Creek on White Chapel Boulevard AGREEMENT . Period_ Agreement This Agreement becomes effective when signed by the last party whose signing e e Agreement fully executed. ThisAgreement shall remain in full force and effect until the Project s been completed n accepted y all parties or unless terminated as provided to 2. Project ing and Work Responsibilities A. The State ill authorize the performance of only those Projectitems of work which the Local Government has requested an s agreed to pay for as described in AttachmentPayment Provision and Workes onsi iliis (Attachment ) which is attachedo and made a part oft is contract. In addition o identifying os items of work paid for by paymentso theAttachment also specifies those Project items of workthat aree responsibility of the Local Government and will be carriedout and completed by the Local Government, at no cost tote State. least six () days prior to the date set forreceipt of the construction bids, e Local Government shall remit its financial share for the State's estimatedState' construction oversight and construction costs. C. In the event that the State determines that additional funding y the Local Government is required t any time duringthe Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State iti thirty {} days from receipt the State's written notification. D. Whenever funs are paidthe Local Government to the State under this Agreement, the Local Government shall remit check or warrant made payable to the"Texas Department of Transportation" or may use the States Automated Clearing se ( ) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Finance Division. -The funds shall be deposited managedand y the Statemay only be applied by the State to the Project. Right3. If the Local Government is the owner of anythe Projectsite, the Local Government sII permit the Stateor its authorized representative access to the site performny activities required to execute ork. 4. Adjustments Outside the _Project Site The Local Government will provide for all necessary right of way and utilityadjustments needed for performance of the work on sites not owned r to be acquired by the State. S. Responsibilities StateThe n Local Government agreethat neither party is an agent, servant, or employee oft the other party and each agrees it is responsible for its individual acts and deeds s well as the acts and deeds of its contractors, employees, representatives, and agents. Page 2 of AFA VoITIP Revised1 113/ 1 1`1 .+ 02- Fort Worthor rr•° � 11 1 Project Name Ag weer Creek on whitee Boulevard maintained, all work on Stateright of way shall cease immediately, n to may recover damages and all costs of completing r 1. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads ' n locally facilities r completion of the wor . The State shall be responsible for maintenance of the State highway system after completion of the work if the works on the Statehighway system, unless otherwise provided for in Attachment A or existing maintenance r ns with the Local Government._ 12. Termination ._______This agreement may be terminated in the followingr: 1. By mutual written agreement and consent of bothparties; 2. By either party upon the failure oft the other party to fulfill the obligations set forth in this r e et; 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 agreementis terminated in accordance It the above provisions, the Local Government will be responsible for the payment of Project costs incurred y the State on behalf of the Local Government up to the i of termination.--- C. n completion of th roj c, the Stateill perform an auditof the Project costs. Any funs due to the Local Government, the State, or the Federal Government will be promptly paid by the owing . Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. il, postage prepaid or sent I ctronic mail, (electronic notice beingpermitted o the extent permitted y law but only after a separate written consent of the parties), addressed to such the following addresses: .. Local Government: State: City of Southlake Texas Department of Transportation Director of Public Works ATTN: Director of Contract Services 1400 MainStreet, Suite 125 E. 1 g Street ohl k , Texas 76092 Austin, TX 78701 All notices shall be deemedi on the date so deliveredor so deposited in the mail, unless otherwise providedin this agreement. Either party may change the above address by sending ri n notice of the changeto the other party. Either party may request in writingsuch notices shall be delivered personally or by certified . . mail and such request II be honored n carried out by the other Page -4 of 6 AFA VOTIP Revised101 17 0902-90-165 Wa a -MAY Omit err r Bouleverd 14. Sale Agreement In e 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 re nt shall take precedenceover the other agreements in matters related to the Project. . Successors and Assigns The State n the Local Governmente c in s 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 II covenants of is agreement. 16. Amendments By mutual written consent of the parties, this agreement may be amendedin writingprior to its expiration. . State Auditor Pursuant o Texas Government Code § 2262.154, the state auditor may conduct n audit r investigation of any entityreceiving funds from t to directly under the contract or indirectly rough 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 ithose funds. An entityt is the subject of an audit or investigation st provide the state auditor with access to any information state auditor considers relevant to the investigation r audit. . Signatory Warranty Each signatory warrants that the signatory s necessary authori o execute this Agreement on behalfof the entity represented. Page 5 of 6 AFA VoITIP Revised0/1 17 1PP a 02- Fort Worth i Code Chart 54 9 40050 rjt i ear reek o White Chapel Boulevard THIS AGREEMENT IS EXECUTED by the State and the Local Government. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature i ussell w ; Typed or Printed Name Typed or Printed Name District gpqjq2er Typedor rented Title .... Typed or Printed Title Date Date Page 6 of 6 AFA VoITIP Revised 1 /1 017 0902-90-165 -02- Fort Worth Project oulevr PROVISIONATTACHMENT A PAYMENT I I Thel-ocal Government has no responsibilities. The State will provide additional work t include sidewalk the proposed WhiteChapel Bridge at Bigear Creek . Costs will be allocated se on 1 % Local funding. The Local will then be responsible for 1 % of the costs, Description o I Federal to ' Local Estimated ate ici tionParticipation Participation t /o of /° ost /® ost Engineering ( state) 2 ,1 7 % % 1 % 24,147 Construction v 1 3,7 % % 1 % tl 53,7 State) Subtotal 177,879 $0 $0 $177,879 Environmental Direct 1 % % 1 State Costs Rightf Way Direct% % 100T State Costs Engineering irec 1,207 % % 100%$1,207 State Costs Utility Direct State 1 °!® % 0 1 Costs Construction Direct 13,882% % 1 % $13,882 State Costs Indirect to Costs 9,481 D% % 9,481 TOTAL $0 1 1 Initial y et by the Local Government to the State:25, 7. Payment by the Local Government to the State beforeconstruction: $167,614.00 Estimated total payment by the Local Government tote State $192,971.00. This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 1 of i AFA VoITIP Attachment