Loading...
Item 4BItem 413 CITY OF SOUTH LAKE MEMORANDUM (September 3, 2013) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve local project advance funding agreement with TxDOT for the Watermere traffic signal construction in the amount of $195,003 Action Requested: Approve local project advance funding agreement with TxDOT for the Watermere traffic signal construction in the amount of $195,003 Background Information: The proposed Local Project Advance Funding Agreement (LPAFA) is currently being reviewed by TxDOT officials in Austin. Please note that the copy in your packet is marked "DRAFT". The Fort Worth TxDOT staff has requested that a draft LPAFA for the Watermere traffic signal construction be considered by the Southlake City Council at this time. Because the project is being fast tracked, several processes are being run concurrently to expedite the process. State and City staff do not anticipate any significant changes to the draft LPAFA as presented to Council for consideration. Several residents of the Watermere development have raised concerns over the safety of the intersection at Watermere Drive and FM 1709. Several projects in the area that have recently been constructed or are under construction will add to the traffic in the area. The Verandas at Southlake residential development will complete the connection of Watermere Drive to Union Church Road in the next several months. The City commissioned the services of a traffic engineer to perform a signal warrant study. The study is based on build out of the full 64 acre Watermere development. The study was presented to TxDOT for review several times and TxDOT has recently determined that a traffic signal meets the required warrants. The anticipated construction cost is $202,996 with approximately $7,993 of the construction cost being provided by state funds. The City of Southlake is responsible for the anticipated cost of $195,003. The installation of the signal is anticipated to be complete by the end of the year. Tarrant County has committed to reimbursing the City of Southlake one-third (1/3) of the cost of the project. Financial Considerations: The approval of this Local Project Advance Funding Agreement (LPAFA) is required before TxDOT can schedule the subject project for Final Review and Advertising for bids. The cost of the project is currently estimated at $202,996. Funds are available from funds authorized in the adopted FY 2013 Capital Improvement Project (CIP) budget for the Traffic Signal at Watermere. Council adopted the proposed FY 2013 CIP budget with an amendment to utilize Red Light Camera funds for the construction of the proposed signal in lieu of General Fund dollars as originally proposed by staff. Strategic Link: The construction of a traffic signal located at Watermere and FM 1709 provided for under this Advance Funding Agreement links to the City's strategy map relative to the focus areas of Mobility, Infrastructure, and Partnerships. The specific corporate objectives that are met by this construction project include: providing travel convenience throughout the city and region, collaborating with select partners to implement service solutions, and investing to provide and maintain high quality public assets. The critical business outcome is to optimize resources through collaboration and partnerships to reduce costs and add service value. Citizen Input/ Board Review: N/A Legal Review: This Local Project Advance Funding Agreement is a standard TxDOT agreement that is required to be approved for this project to proceed to the next phase. Alternatives: The City Council may approve or deny the agreement. Supporting Documents: Local Project Advance Funding Agreement (LPAFA) Warrant Study Approval letter dated August 17, 2013. Location Map Staff Recommendation: Approve local project advance funding agreement with TxDOT for the Watermere traffic signal construction in the amount of $195,003 Staff Contact: Robert H. Price, P.E., Public Works Director Cheryl Taylor, P.E., City Engineer Steven D. Anderson, P.E., CFM, Civil Engineer CSJ # 0902-00-133 District # 02-Fort Worth Code Chart 64 # 40050 Project: Traffic signal; FM 1709 at Watermere Dr/Jellico Circle West STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL PROJECT 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 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." 'N 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 113162 authorizes the State to undertake and complete a highway improvement generally described as non-specific site installation of traffic signals for on -system; 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 traffic signal installation for FM 1709 at Watermere Drive/Jellico Circle West, 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. 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 AFA—LPAFA VolProj Page 1 of 5 Revised 01/23/2013 CSJ # 0902-00-133 District # 02-Fort Worth Code Chart 64 # 40050 Project: Traffic signal; FM 1709 at Watermere Dr/Jellico Circle West 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 Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, 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. 'ql%� 5. Adjustments Outside the Project Site X 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 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 AFA—LPAFA VolProj Page 2 of 5 Revised 01/23/2013 CSJ # 0902-00-133 District # 02-Fort Worth Code Chart 64 # 40050 Project: Traffic signal; FM 1709 at Watermere Dr/Jellico Circle West 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 z W 'N Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. %6� . I%L 12. Notices Notices of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Local Government: Director of Public Works City of Southlake 1400 Main Street, Suite 460 Southlake, TX 76092 State: Director of Contract Services Office exas Department of Transportation 125 E. 11 t" Street 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 VolProj Page 3 of 5 Revised 01/23/2013 16. State Auditor 17. CSJ # 0902-00-133 District # 02-Fort Worth Code Chart 64 # 40050 Project: Traffic signal; FM 1709 at Watermere Dr/Jellico Circle West 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. Insurance 4K 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. Signatory Warranty V%kh, I%k 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 01/23/2013 CSJ # 0902-00-133 District # 02-Fort Worth Code Chart 64 # 40050 Project: Traffic signal; FM 1709 at Watermere Dr/Jellico Circle West THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name District Engineer AFA—LPAFA VolProj Page 5 of 5 Revised 01/23/2013 CSJ # 0902-00-133 District # 02-Fort Worth Code Chart 64 # 40050 Project: Traffic signal; FM 1709 at Watermere Dr/Jellico Circle West Not Research and Development Attachment A PAYMENT PROVISION AND WORK RESPONSIBILITIES Costs will be allocated based on 100% Local Government funding. The Local Government will be responsible for 100% of the costs. The Local Government has no work responsibilities. The Local Government's estimated cost is $195,003.00, for the traffic signal installation for FM 1709 at Watermere Drive/Jellico Circle. Description Total Estimated Cost Federal Partici ation State Participation Local Participation % Cost % Cost % Cost Construction by State $156,730 0% $0 0% $0 100% $156,730 Direct State Costs $ 38,273 0% $0 0% $0 100% $ 38,273 Indirect State Costs $ 7,993 0% $0 100% $7,993 0% $ 0 TOTAL $202,996 IL- $0 L 1 $7,993 $1951003 Initial Payment by the Local Government to the State $195,003.00 Estimated total payment by the Local Government to the State $195,003.00 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 Texas Department of Transportation 2501 SOUTHWEST LOOP 820 • FORT WORTH, TEXAS 76133 • (817) 370-6500 July 15, 2013 CONTACT: Traffic Engineering Subject: Traffic Signal for FM 1709 at Watermere Drive - Jellico Circle West Mr. Robert Price, P.E. Director of Public Works City of Southlake 1400 Main Street, Suite 320 Southlake, Texas 76092 Dear Mr. Price: I would like to thank you and Ms. Taylor for meeting with us to discuss the proposed FM 1709 at Watermere Drive/Jellico Circle West traffic signal project in the City of Southlake. This type of meeting is very beneficial toward facilitating an earlier construction date by resolving questions and averting potential problems. We agree with the traffic signal warrant analysis that traffic volumes at this intersection will meet Warrants #1, 2, and 3. This is based on traffic generated due to the medical offices, retirement community on Watermere Drive, and the Watermere Drive connection to Union Church Road, in addition to the existing traffic. Below, is a summary of items that were discussed at the meeting regarding this traffic signal installation project. 1. There will be an Advance Funding Agreement between the City of Southlake and TxDOT for the City to fund the installation of the proposed traffic signal. 2. The City will send to us an estimate for the construction cost of the proposed signal installation. The estimate is necessary to process the Traffic Signal Authorization and the Advance Funding Agreement (AFA). 3. The use of the Non -site Specific Signal Construction Contract will expedite the process and the schedule of signal construction. 4. The City is requested to provide a timeline for the execution of the Advance Funding Agreement, and for the submittals of the signal project plans for TxDOT review at the 60%, 90% and 100% points of design completion. THE TEXAS PLAN REDUCE CONGESTION • ENHANCE SAFETY • EXPAND ECONOMIC OPPORTUNITY • IMPROVE AIR QUALITY INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS An Equal Opportunity Employer 5. The signal design consultants were given a list detailing what information should be included in the "60%, 90%, and 100% complete" plan submittals. 6. As soon as we receive plans for review, TxDOT personnel will begin the review process to help expedite delivery of the project. If you should have any questions or wish to discuss this matter further, please contact me at (817) 370-6615. Sincerely, Theresa Lopez, P.E. Director of Transportation Operations Fort Worth District 11,1101,11 cc: Mohammad Al Hweil, P.E., Fort Worth District Assistant Dir. of Transportation Operations Ricardo Gonzalez, P.E., North Tarrant County Area Engineer Cheryl Taylor, P.E., Southlake Deputy Director of Public Works/ City Engineer