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Item 9ACity of Southlake, Texas MEMORANDUM July 20, 2004 To: Billy Campbell, City Manager From: Pedram Farahnak, P.E., Director of Public Works Subject: Resolution No. 04 -033, approving a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for construction of intersection improvements with deceleration lanes along FM 1709 from Jellico Circle West to Bank Street. Action Requested: Approve Resolution No. 04 -033, approving a Local Transportation Project Advanced Funding Agreement with TxDOT for construction of intersection improvements with deceleration lanes along FM 1709 from Jellico Circle West to Bank Street and authorizing the City Manager to execute the agreement on behalf of the City of Southlake. Background Information: In January, 1999, the Texas Transportation Commission passed Minute Order 107737, authorizing the State to undertake and complete a highway improvement project generally described as the construction of intersection improvements with deceleration lanes at various locations on FM 1709 from Jellico Circle West to Bank Street. No funding for the improvements was approved at that time. In May 1999, the citizens of Southlake approved the Traffic Management Bond Program. Included in that program was the construction of the deceleration lanes (right turn lanes) on FM 1709 at the intersections along FM 1709 to facilitate the re- striping of FM 1709 to six travel lanes and a left turn median by TxDOT. Bonds were sold for a portion of the Traffic Management Bond Program but those bonds did not provide funding for the construction of the deceleration lanes. The City has completed the design and acquisition of right of way and easements for the construction. The City Staff has submitted this project for consideration for funding through North Central Texas Council of Governments and Federal Highway Administration Congestion Mitigation and Air Quality Programs (CMAQ) and the project was approved for funding in that program. 80% of the funding will come from the Federal Highway Administration and 20% from the State. $2,864,186 has been programmed for the construction. Completion of this project and the re- striping of FM 1709 to six lanes will accomplish the following: • Improved access to businesses along FM 1709 • Allows gaps in flow of traffic so unsignalized side streets could enter FM 1709. • Provides more green time to cross streets at signalized intersections. • Reduces demand on Continental Boulevard. The City must execute an advanced funding agreement with TxDOT to move this project along. The advanced funding agreement requires that if the cost exceeds the $2,864,186, the overage will be funded 100% by the City. Even though the plans are complete, the plans were done for the City to contract for the construction and now that TxDOT is going to contract for the construction, some modification to the plans will be necessary. The agreement, also, requires TxDOT to be responsible for any environmental assessment and mitigation and that must be done prior to TxDOT bidding the project. Funds are available for the construction. After the agreement is executed, the utility companies will be notified to begin relocating utilities. TxDOT indicates that the letting date for this project will be in September, 2005 with construction anticipated to begin in early 2006. Construction is anticipated to take approximately 12 months. TxDOT has an overlay project proposed for FM 1709 for construction beginning in early 2005. They are going to try to combine the overlay with the deceleration lane construction. Financial Considerations: Bonds will not have to be sold by the City to cover the cost of the deceleration lanes but the City will be required to pay for the modification of the plans and also the cost of relocating some water lines which will be part of the construction. Exact cost for this is not known at this time, it is recommended that $500,000 contingencies be allowed for relocation of city utilities and any other related needs if they arise. Citizen Input/ Board Review: In 1999, the citizens of Southlake approved the Traffic Management Bond Program which included the construction of deceleration lanes along FM 1709. Legal Review: None Alternatives: The Council can approve or disapprove the resolution. Supporting Documents: Agreement Location Map Resolution No. 04 -033 Staff Recommendation: Approve Resolution No. 04 -033, approving a Local Transportation Project Advanced Funding Agreement with TxDOT for construction of intersection improvements with deceleration lanes along FM 1709 from Jellico Circle West to Bank Street and authorizing the City Manager to execute the agreement on behalf of the City of Southlake. Staff Contact: Pedram Farahnak, Director of Public Works Charlie Thomas, City Engineer CC: Sharen Elam, Director of Finance County: Tarrant CSJ: 1 603 -03 -029 Project: FM 1709 from Jellico Court West to Bank Street STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A CMAQ Project THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State ", and the City of Southlake, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21 Century (TEA-21) codified under Title 23 U.S.C. Section 101 et seq., authorize transportation programs to meet the challenges of protecting and entrancing communities and the natural environment and advancing the nation's economic growth and competitiveness; and WHEREAS, ISTEA and TEA -21 establish federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, on January 1999, the Texas Transportation Commission passed Minute Order 107737, authorizing the State to undertake and complete a highway improvement generally described as the construction of intersection improvements with deceleration lanes at various locations along FAA 1709 from Jellico Court West to Bank Street and, WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance dated which is attached hereto and made a part hereof as Attachment "A" for construction of traffic signals at the location shown on the Map in Attachment "B" hereinafter referred to as the Project. 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, it is agreed as follows: AFALongGen Page 1 of 9 Revised 3111/04 County: Tarrant CSJ: 1603 -03 -029 Project: Flat 1709 from ,tell Ico Court West to Bank Street 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 effect until the Project is completed or unless terminated as provided below. 2. Scope of Work The scope of work for this pro consists of the construction of intersection improvements with deceleration lanes at the below listed intersections along FM 1709 from Jellico Court West to Bank Street as shown on Attachment "B ". Jellico Court West • Jellico Court East • Brock Drive * Meadowlark Lane Southridge Lakes Parkway/Waterford Drive • Ginger Court + Stone Lakes Place Timber Lake Place • Lake Crest Drive Bicentennial Park Diamond Boulevard /Byron Nelson Parkway • Foxborough Lane • Miron Drive Westwood Drive ■ Commerce Street Bank Street 3. Local Project Sources and Uses of Funds a. The total estimated cost of the Project is shown in the Project Budget - Attachment "C" which is attached hereto and made a part hereof. The expected cash contributions from the federal or State government, the Local Governments, or other parties is shown in Attachment °C ". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. b. This project cost estimate shows how necessary resources for completing the project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. c. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. d_ The Local Government will be responsible for all non - federal or non -State participation costs associated with the Project, including any overruns in excess of the approved AFALongGen Page 2 of 9 Revised 3111104 County: Tarrant CSJ: 1603 -03 -029 Project: FM 1709 from Jellico Court West to Bank Street local project budget unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. e. Prior to the performance of any engineering review work by the State, the Local Govemment will remit a check or warrant made payable to the "Texas [department of Transportation" in the amount specified in Attachment C. The Local Government will pay at a minimum its funding share for the estimated cost of preliminary engineering for the project. f. 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. g. In the event the State determines that additional funding is required by the Local Government at any time during the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. h. 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. i. The State will not pay interest can any funds provided by the Local Government, j. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local project, unless this Agreement is terminated at the request of the Local Government prior to completion of the project. k. If the project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment 'C" will clearly state the amount of the fixed price or the incremental payment schedule. I. The Texas Comptroller of Public Accounts has determined that certain counties qualify as Economically disadvantaged Counties in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. This Agreement reflects adjustments to the standard financing arrangement based on this designation. M. 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. The State will not execute the contract for the construction of the project until the required funding has been made available by the Local Government in accordance with this Agreement. 4. Termination of this Agreement This Agreement shall remain in effect until the project is completed and accepted by all parties, unless: a. the Agreement is terminated in writing with the mutual consent of the parties, or; b. because of a breach of this Agreement, Any cost incurred due to a breach of contract shall be paid by the breaching party. AFALongGen Page 3 of !9 Revised 31111D4 County; Tarrant CSJ: 1603 -03 -029 Project: FM 1709 from Jellico Court West to Bank Street c. After the PS &E the Local Government may elect not to provide the funding and the Project does not proceed because of insufficient funds; the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the project. 5. Amendments Amendments to this Agreement due to changes in the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities if the required right of way encroaches upon existing utilities and the proposed project requires their adjustment, removal or relocation, the Local Government will be responsible for determining the scope of utility work and notify the appropriate utility company to schedule adjustments. The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. This includes, but is not limited to: 43 TAC §15.55 relating to Construction Cost Participation; 43 TAC §21.21 relating to State Participation in Relocation, Adjustment, and/or Removal of Utilities; and, 43 TAC§ 21.31 et seq. relating to Utility Accommodation. The Local Government will be responsible for all costs associated with additional adjustment, removal, or relocation during the construction of the project, unless this work is provided by the owners of the utility facilities: a. per agreement; b. per applicable statutes or rules, or; c. as specified otherwise in this Agreement. Prior to letting a construction contract for the Project, a utility certification must be made available to the State upon request stating that all utilities needing to be adjusted for completion of the construction activity have been adjusted. S. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. a. The State is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. b. The State is responsible for the cost of any environmental problem's mitigation and remediation. c. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. AFALongGen Page 4 of 9 Revised 3111/04 County: Tarrant CSJ: 1643 -03 -029 Project: FM 1709 from Jellico Court West to Bank Street d. The State is responsible for the preparation of the NEPA documents required for the environmental clearance of this project. e. The State shall provide the Local Government with written certification from appropriate regulatory agency(ies) that identified environmental problems have been remediated. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101 -336) (ADA). 10. Architectural and Engineering Services The Local Government is providing the architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and special provisions related thereto. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by disadvantaged business enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receives and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. The State will use its approved contract letting and award procedures to let and award the construction contract. c, Prior to their execution, the Local Government will be given the opportunity to review contract change orders that will result in an increase in cost to the Local Government. d. Upon completion of the Project, the party constructing the project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. e. For federally funded contracts, the parties to this Agreement witl comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA- 1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Part B. AFALongGen Page 5 of 9 Revised 3111104 County: Tarrant CSJ: 1603 -03 -029 Project: FM 1709 from Jellico Court West to Bank Street 12. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 13. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. 14. (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, addressed to such party at the following addresses: Local Government: Billy Campbell City Manager City of Southlake 1400 Main Street Southlake, Texas 76092 State: Maribei P. Chavez, P,E, District Engineer Texas Department of Transportation P.Q. Box 6868 Fort Worth, Texas 76115 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. 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. 15. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 16. 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. 17. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. AFALongGen Page 6 of 9 Revised 3111104 County: Tarrant CSJ_ 1603 -03 -029 Project: FM 1709 from Jellico Court West to Bank Street 18. Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circuiar A -87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Office of Management and Budget (OMB) Audit Requirements 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. 24. Civil Rights Compliance The Loral Government shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). AFALongGen Page 7 of 9 Revised 3/11104 County: Tarrant CSJ: 1603- 03-029 Project: FM 1709 from Jellico Court West to Bank Street 25. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged /Minority Business Enterprise Program requirements established in 49 CFR Part 26. 26. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this cnntract shall require any party to a subcontract or purr =hale order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to fumish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). 27. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the individual projects and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28.. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. AFAtongGen Page 8 of 9 Revised 3111104 County: Tarrant CSJ: 1603 -03 -029 Project: FM 1709 from Jellico Court West to Bank Street IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT Name Printed Name and Title Date 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 approved and authorized by the Texas Transportation Commission, Janice Mullenix Director of Contract Services Section Office of General Counsel Texas Department of Transportation Dale AFALongGen Page 9 of 9 Revised 3/11/04 County: Tarrant CSJ: 1603 -03 -029 Project: FM 1709 from Jellico Court West to Bank Street ATTACHMENT A RESOLUTION NO. 04 -033 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 INTERSECTION IMPROVEMENTS WITH DECELERATION LANES AT VARIOUS LOCATIONS ALONG FM 1709 FROM JELLICO CIRCLE WEST TO BANK STREET WITHIN THE CITY OF SOUTHLAKE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Transportation Commission passed Minute Order 107737 that provides for the development of, and funding for the construction of intersection improvements with deceleration lanes at various locations along FM 1709 from Jellico Circle West to Bank Street in the City of Southlake; and WHEREAS, the Southlake City Council strongly supports the efforts of the Metropolitan Planning Organization and 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 Council of the City of Southlake approves entering into this Local Transportation Project Advance Funding Agreement for development of the construction of intersection improvements with deceleration lanes at various locations along FM 1709 from Jellico Circle West to Bank Street within the City of Southlake. Section 3. That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS on this the 20 day of July, 2004. Page 1 of 2 Attachment A PASSED AND APPROVED THIS THE 20 DAY OF JULY, 2004. Andy Wambsganss Mayor ATTEST: Lori A. Farwell City Secretary Page 2 of 2 Attachment A County: Tarrant CSJ: 1603 -03 -029 Project: FM 1709 from Jellico Court West to Bank Street ATTACHMENT B Location Map Showing Project Decelaration Lanes on FM 1709 Jellico Circle West Jellico Circle East Brock Drive Meadowlark Lane Southridge Lakes Pkwy/Waterford D Ginger Court Stone Lakes Place Timber Lake Place Lake Crest Drive Bicentennial Park Diamond Blvd /Byron Nelson Pkwy Foxborough Lane Miron Drive Westwood Drive Af Commerce Street Bank Street County: Tarrant CSJ: 1603 -03 -029 Project: FM 1709 from Jellico Court West to Bank Street ►,1%1 ETA :ik►jrM1 y 11 go Project Budget The Project is for intersection improvements with deceleration lanes at various locations along FM 1709 from Jellico Court West to Bank Street. Description Total Federal State Local Estimate Cost Participation Partici ation Participation % I Cast % Cost % Cost CONSTRUCTION COSTS Construction of $2,568,777 80% $2,055,022 20% $513,755 0$ 0.00 Intersection Improvements w /Deceleration Lanes Construction Phase $295,409 80% $236,327 20% $59,082 0% 0.00 Engineering — 11.5 % TOTAL. $2,864,186 $2,291,349 $572,837 j 0.00 Engineering and contingencies charges will be based on actual charges. Local Government's Participation (0 %a) = 50.00 It is understood that any funding amount above the $2.864.186 will be funded 100% by the Local Government. In the event that funding is required from the Local Government, the Fort Worth District of the Texas Department of Transportation (TXDOT) will notify the Local Government of this need approximately 60 days prior to the letting of the project by the State. At that time the Local Government will forward the funds to the Fort Worth District of TxDOT as soon as possible. Page 1 of 1 Attachment C RESOLUTION NO. 04 -033 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 INTERSECTION IMPROVEMENTS WITH DECELERATION LANES AT VARIOUS LOCATIONS ALONG FM 1709 FROM JELLICO CIRCLE WEST TO BANK STREET WITHIN THE CITY OF SOUTHLAKE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Transportation Commission passed Minute Order 107737 that provides for the development of, and funding for the construction of intersection improvements with deceleration lanes at various locations along FM 1709 from Jellico Circle West to Bank Street in the City of Southlake; and WHEREAS, the Southlake City Council strongly supports the efforts of the Metropolitan Planning Organization and 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 Council of the City of Southlake approves entering into this Local Transportation Project Advance Funding Agreement for development of the construction of intersection improvements with deceleration lanes at various locations along FM 1709 from Jellico Circle West to Bank Street within the City of Southlake. Section 3. That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS on this the 20 day of July, 2004. PASSED AND APPROVED THIS THE 20 DAY OF JULY. 2004. Andy Wambsganss Mayor ATTEST: Lori A. Farwell City Secretary