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