Item 4BItem 413
CITY OF
SOUTH LAKE
MEMORANDUM
(May 6, 2014)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve Local Project Advance Funding Agreement (LPAFA)
with Texas Department of Transportation (TxDOT) for the
Tower Boulevard Traffic Signal
Action
Requested: Approve a Local Project Advance Funding Agreement (LPAFA) with
the Texas Department of Transportation (TxDOT) for the Tower
Boulevard Traffic Signal.
Background
Information: Excel Southlake, LLC is developing the Park Village addition within
the City of Southlake which is located at the southwest corner of
East Southlake Boulevard and South Carroll Avenue. The addition
will consist of 22.48 acres of commercial development consisting of
shops, restaurants and a grocery store. Zoning approval for the
Park Village addition includes the installation of a traffic signal by
the developer at the intersection of Tower Boulevard and FM1709
(Southlake Blvd.).
This Local Project Advance Funding Agreement (LPAFA) is an
agreement between TxDOT and the City of Southlake for the
installation of the traffic signal on FM1709. This is a standard
TxDOT agreement, and staff does not anticipate any significant
changes to the draft LPAFA as presented to Council for
consideration. The City of Southlake is the local governmental
authority required by TxDOT to execute the LPAFA in order to
move forward with this project. The LPAFA outlines the funding for
the construction of the project. The total cost of the signal
installation, including any overruns will also be the responsibility of
the Park Village developer.
The illuminated street name sign (ILSN), pre-emption devices
(Opticom), median modifications and pavement marking required
with the signal are also the responsibility of the developer. The
ILSN and Opticom will be provided by the developer as a change
order with the City's current contract for the FM 1709 ILSN project.
Item 4B
Responsibility for the funding will be outlined in an amended
Commercial Developer Agreement with Excel Southlake, LLC.
Financial
Considerations: The Developer will be responsible for the LPAFA payment of
$226,128, as well as any overruns incurred during installation of the
traffic signal. The City remits payment to TxDOT once funds are
received from the Park Village developer.
Strategic Link: This LPAFA links to the city's strategy map relative to the focus
areas of Mobility and Quality Development by providing travel
convenience within City & region, collaborate with select partners to
implement service solutions and investing to provide and maintain
high quality public assets. The Critical Business Outcome of this
approval of CB04 which improves mobility by proactively
completing traffic analysis of key areas.
Citizen Input/
Board Review: N/A
Legal Review: N/A
Alternatives: The City Council may approve the LPAFA with the Texas
Department of Transportation (TxDOT) for the Tower Boulevard
Traffic Signal or deny it.
Supporting
Documents: Location Map
Local Project Advance Funding Agreement
Staff
Recommendation: Approve a Local Project Advance Funding Agreement (LPAFA) with
the Texas Department of Transportation (TxDOT) for the Tower
Boulevard Traffic Signal.
Staff Contact: Robert H. Price, P.E., Public Works Director
Cheryl Taylor, P.E., Deputy Director Public Works/City Engineer
Alejandra Ayala, P.E., Civil Engineer
CSJ 40902-00-136
District 4 02-Fort Worth
Code Chart 64 4 40050
Project: Traffic Signal on
FM 1709/Tower Boulevard
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 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 113675 authorizes the State to
undertake and complete a highway improvement generally described as traffic signal installation non -
site specific; 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 installation of
full traffic -actuated traffic signal on FM 1709/Tower Boulevard, called the "Project"; and,
WHEREAS, the State has determined that such participation is in the best interest of the citizens of
the State; IML
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:
1W 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
addition to identifying those items of work paid for by payments to the State, Attachment A,
AFA—LPAFA VolProj Page 1 of 4 Revised 01/23/2013
CSJ 40902-00-136
District 4 02-Fort Worth
Code Chart 64 4 40050
Project: Traffic Signal on
FM 1709/Tower Boulevard
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.
5. Adjustments Outside the Project Site
The Local Government will provide for all necessary right o 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. N^ 1
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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
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
AFA—LPAFA volProj Page 2 of 4 Revised 01/23/2013
CSJ 40902-00-136
District 4 02-Fort Worth
Code Chart 64 4 40050
Project: Traffic Signal on
FM 1709/Tower Boulevard
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:
Deputy Director of Public Works/City Engineer
City of Southlake
1400 Main Street, Suite 32
Southlake, Texas 760
State:
Director of Contract Services Office
10
texas 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.
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
AFA—LPAFA volProj Page 3 of 4 Revised 01/23/2013
CSJ 40902-00-136
District 4 02-Fort Worth
Code Chart 64 4 40050
Project: Traffic Signal on
FM 1709/Tower Boulevard
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. mob, NO N
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE STATE OF TEXAS
District Engineer
Date
AFA—LPAFA—volProj Page 4 of 4 Revised 01/23/2013
CSJ 40902-00-136
District 4 02-Fort Worth
Code Chart 64 4 40050
Project: Traffic Signal on
FM 1709/Tower Boulevard
Not Research and Development
Attachment A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
Costs will be allocated based on 100% Local Government funding.
Description
Total
Estimated
Cost
Federal
Participation
State
Participation
Local
Participation
%
lCost
%
Cost
%
Cost
Construction
(by State
$182,361
0%
$0
0%
$0
100%
$182,361
Subtotal
$182,361
0%
$0
0%
$0
100%
$182,361
Construction
Direct State Costs
$43,767
0%
$0
0%
$0
100%
$43,767
Indirect State
Costs
$8,808
0%
$0
100%
$8,808
0%
$0
TOTAL
$234,936
$0
$8,808
L
J$226,128
Initial payment by the Local Government to the State: $226,128.00
Estimated total payment by the Local Government to the State $226,128.00
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