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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 %bk%b 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