HomeMy WebLinkAboutItem 07 - Traffic Signal Retiming Project MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGE
MEETING DATE: MARCH 24, 2009
SUBJECT: LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA)
AMENDMENT WITH TXDOT FOR TRAFFIC SIGNAL RETIMING
PROJECT
RECOMMENDATION:
City Council consider adopting a resolution approving the LPAFA amendment with
TXDOT for the Traffic Signal Retiming Project and take any necessary action.
BACKGROUND:
The City applied for grant funding to re-time traffic signals citywide in July 2006 as part
of a NCTCOG Call for Projects under the Air Quality program. The City was successful
in obtaining funding in the amount of $952,600 to retime 58 signals, install battery back
up systems at 58 signals and install video detection at 30 signals.
Of these 58 signals, 18 signals are on city owned streets and 40 signals are on state
highways. NCTCOG separated the project into two contractual agreements to address
the 18 city signals in one agreement and the 40 state signals in a second agreement.
The agreement for the city portion (18 signals) was executed with NCTCOG in April
2008. The federal funding is $162,214 and the City's matching portion is $40,553 for a
total of$202,767.
The next step is for the City to enter into the second agreement with the State on the
state portion of the project. Approval of the second agreement will allow the City to
implement the entire project as one. The entire state system cost, ($749,834), is funded
through federal ($599,867) and state ($149,967) funds and does not require a City
contribution.
This agreement has been delayed for more than a year since the NCTCOG failed to
include the project in the initial 2008-2011 Transportation Improvement Plan (TIP). The
project was added to the TIP in August 2008 and then forwarded to the State to be
added to the State Transportation Improvement Plan (STIP). The project was added to
the STIP in February 2009.
Staff recommends approval.
RC/rc
O:\agenda\03342009\agmemo.advanced funding agreement for signal project with TXDOT.doc _
March 13,2009(2:41 PM)
CSJ#0902-48-741
District#02
Code Chart 64# 17200
Project: Signal Re-timing and
Detector Replacement
Agreement#: 02-8XXF6026
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For a CMAQ Project
(On State System)
THIS Local Project Advance Funding Agreement (LPAFA) 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 Grapevine, acting by and through its duly authorized officials, hereinafter called the
"Local Government."
WITNESSETH
WHEREAS, a Master Agreement Governing Local Transportation Project Advance Funding
Agreements (MAFA) between the Local Government and the State has been adopted, effective
December 12, 2000, and states the general terms and conditions for transportation projects
developed through this LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 110109, 110266 that
provides for the development of, and funding for, the project described herein; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance attached hereto and made a part hereof as Attachment A for development of
the specific project which is identified in the location map shown as Attachment B.
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:
AGREEMENT
1. The period of this LPAFA is as stated in the MAFA, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the MAFA, without
exception.
3. Amendments to this LPAFA shall be made as described in the MAFA, without exception.
4. Scope of Work
The scope of work and project limits for this LPAFA are described as citywide (all major arterials)
signal retiming and installation of video vehicle detection replacements (refer to Attachment B).
On-System locations are approved for federal/state funding. Radio communication from a central
location to each of the video detection systems.
• Corridors include: SH 26 to the south, Northwest Highway, Loop 382/Texan Trail, SH
26 to the north, FM 2499, SH 121, Bass Pro Drive, William D. Tate Avenue, and Main
Street.
AFA—LPAFA OnSys Page 1 of 8 Revised 09/30/2008
CSJ#0902-48-741
District#02
Code Chart 64# 17200
Project: Signal Re-timing and
Detector Replacement
Agreement#: 02-8XXF6026
. Five timing plans will be developed for weekday (AM, AM Off peak, Midday, Midday Off
Peak, and PM Peak.
• Three timing plans will be developed for Saturday and Sunday.
• Battery back-ups will be placed.
5. Right of Way and Real Property shall be acquired under one of the following procedures (check
either a. or b.):
a. Purchase by the State. Acquisition of right of way shall be the responsibility of the State,
as stated in the MAFA, without exception, unless otherwise provided in Special Provisions and/or
Attachment C. A warrant or check in the amount of the Local Government's estimated
participation as reflected in Attachment C, shall be made payable to the Texas Department of
Transportation and transmitted to the State prior to release of the Project by Right of Way
Division, or within thirty (30) days from receipt of the State's written notification, whichever is
earlier.
OR
b. X Purchase by the Local Government for the State. Acquisition of right of way shall be
the responsibility of the Local Government, as stated in the MAFA, without exception, unless
otherwise provided in Special Provisions and/or Attachment C.
6. Donations of real property may be credited to the Local Government's funding obligation for cost
of right of way to be acquired for this project. This section shall apply only to projects for
which there is no federal financial assistance and for which the State is responsible for
acquisition of the right of way. Credit for all real property, other than property which is already
dedicated and/or in use as a public road, donated by the Local Government to the State shall be
based on the property's fair market value established as of the effective date of this LPAFA. The
fair market value shall not include increases or decreases in value caused by the project and
should include the value of the land and improvements being conveyed, excluding any damages
to the remainder. The Local Government will provide to the State all documentation to support
the determined fair market value of the donated property. Such documentation shall include an
appraisal of the property by a qualified appraiser, unless the Local Government determines that
an appraisal is unnecessary because the valuation problem is uncomplicated and the fair market
value is estimated at no more than $10,000.00. The cost of appraisal will be the responsibility of
the State. The State will review the submitted documentation and make a final determination of
value; provided however, the State may perform any additional investigation deemed necessary,
including supplemental appraisal work by State employees or employment of fee appraisers.
Credit shall be given only for property transferred at no cost to the State after the effective date
of this LPAFA and the State's issuance of a letter of funding authority, and only for property
which is necessary to complete this project. Credit shall be in lieu of monetary contributions
required to be paid to the State for the Local Government's funding share of the right of way to be
acquired for this project. The total credit cannot exceed the Local Government's matching share
of the right of way obligation under this LPAFA, and credits cannot be reimbursed in cash to the '"a
Local Government, applied to project phases other than right of way, nor used for other projects.
In the event the Local Government's monetary contributions to the State for acquisition of right of
way, when added to its donation credits, exceed the Local Government's matching share of
AFA—LPAFA OnSys Page 2 of 8 Revised 09/30/2008
CSJ#0902-48-741
District#02
Code Chart 64# 17200
Project: Signal Re-timing and
Detector Replacement
Agreement#: 02-8XXF6026
the right of way obligation, there will be no refund to the Local Government of any portion
of its contributed money.
7. Adjustment of eligible utilities and payment of costs associated with such adjustment shall be
provided by the State (or) X Local Government (check the applicable party) and shall be in
accordance with provisions set forth in the MAFA.
8. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement,
without exception.
9. Compliance with Texas Accessibility Standards and ADA will be as stated in the MAFA, without
exception.
10. Architectural and Engineering Services will be provided by the Local Government, as stated in the
MAFA , without exception. The Local Government is responsible for performance of any required
architectural or preliminary engineering work. The State may review and comment on the work as
required to accomplish the public purposes of the State. The Local Government will cooperate
fully with the State in accomplishing these local public purposes to the degree permitted by State
and Federal law.
The engineering plans shall be developed in accordance with the applicable States Standard
Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the
special specifications and special provisions related thereto.
11. Construction Responsibilities will be carried out by the Local Government using city forces and
the bidding process, as stated in the MAFA, without exception.
12. Project Maintenance will be undertaken as provided for in the MAFA, without exception.
13. Local Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. The State and
the Federal Government will not reimburse the Local Government for any work performed
before the issuance of a formal Letter of Authority by the Federal Highway Administration.
The Local Government is responsible for 100% of the cost of any work performed under its
direction or control before the federal Letter of Authority is formally issued.
b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. All right of way Project cost overruns shall be shared in the same cost participation ratios as
apply under this agreement to the applicable cost category. Other overruns are as stated in
the MAFA.
d. The Local Government will do the necessary preliminary engineering. For purposes of this
agreement, preliminary engineering includes design schematics, property descriptions, parcel
plats and right of way maps.
e. Unless otherwise provided for in this agreement, payment is as stated in the MAFA. In the
event the State determines that additional funding is required by the Local Government at any
time during the development of the Project, the State will notify the Local Government in
AFA—LPAFA OnSys Page 3 of 8 Revised 09/30/2008
CSJ#0902-48-741
District#02
Code Chart 64 # 17200
Project: Signal Re-timing and
Detector Replacement . ,w
Agreement#: 02-8XXF6026
writing. The Local Government will make payment to the State within thirty (30) days from
receipt of the State's written notification.
f. 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.
g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or replats, result in increased costs,
then any increased costs associated with the ordinances or changes will be paid by the local
government. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities.
h. 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.
14.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 Government 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.
15. Incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant provisions
of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this
LPAFA, unless such MAFA provision is specifically excepted herein. Any conflict between the
terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA.
16. 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
AFA—LPAFA_OnSys Page 4 of 8 Revised 09/30/2008
CSJ#0902-48-741
District#02
Code Chart 64# 17200
Project: Signal Re-timing and
Detector Replacement
Agreement#: 02-8XXF6026
of way shall cease immediately, and the State may recover damages and all costs of completing
the work.
17. Debarment Certification. The Local Government shall not contract with any person that: is
suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any federal agency or that is debarred or suspended by the State.
18. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalf of the party represented.
19. Special Provisions. N/A
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
By:
(Signature)
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.
By:
Janice Mullenix
Director of Contract Services
Texas Department of Transportation
Date:
AFA—LPAFA_OnSys Page 5 of 8 Revised 09/30/2008
CSJ#0902-48-741
District# 02
Code Chart 64# 17200
Project: Signal Re-timing and
Detector Replacement
Agreement#: 02-8XXF6026
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
AFA—LPAFA_OnSys Page 6 of 8 Revised 09/30/2008
CSJ#0902-48-741
District# 02
Code Chart 64# 17200
Project: Signal Re-timing and
Detector Replacement
Agreement#: 02-8XXF6026
ATTACHMENT B
PROJECT LOCATION MAP
•
AFA—LPAFA_OnSys Page 7 of 8 - Revised 09/30/2008
CSJ#0902-48-741
District#02
Code Chart 64# 17200
Project: Signal Re-timing and "'
Detector Replacement
Agreement#: 02-8XXF6026
ATTACHMENT C
BUDGET ESTIMATE AND SOURCE OF FUNDS
Total Estimate Federal State Participation
Description Cost Participation Local Participation
ok Costs % Costs % Costs
34 L°O
Signal Retiming $246,000 80% $196,800 20% $49,200 0% $0
Video Vehicle $270,000 80% $216,000 20% $54,000 0% $0
Detection Materials
and Installation
Radio $28,834 80% $23,067 20% $5,767 0% $0
Communications
Battery Backups $205,000 80% $164,000 20% $41,000 0% $0
FYi
Subtotal $749,834 $599,867 $149,967 $0
Direct State Costs at $37,492 80% $29,994 20% 7,498 0% $0
5% (review of
engineering,
inspection, and
oversight)
TOTAL $787,326 $629,861 $157,465 $0
Total participation required from the local government =
Approved Federal participation prior to direct state costs $599,866.
Approved State participation prior to direct state costs $149,967.
This is an estimate only, final participation amounts, including direct costs, will be based on
actual charges to the project.
AFA—LPAFA OnSys Page 8 of 8 Revised 09/30/2008
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AUTHORIZING A LOCAL
TRANSPORTATION PROJECT ADVANCE FUNDING
AGREEMENT AMENDMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION ADDRESSING
FUNDING PARTICIPATION LEVEL AND PROJECT
SCOPE FOR SIGNAL RE-TIMING AND DETECTOR
REPLACEMENT PROJECT WITHIN THE CITY OF
GRAPEVINE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, a Master Agreement between the City of Grapevine and the State
was adopted by Resolution No. 2000-60 on November 21, 2000 and the agreement
states the general terms and conditions for transportation projects developed through
this Local Transportation Project Advance Funding Agreement; and
WHEREAS, the Texas Transportation Commission passed Minute Order 107737
that provides for the development of, and funding for the Traffic Signal Improvements
project in the City of Grapevine; and
WHEREAS, the Grapevine 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 GRAPEVINE, 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 City Council of the City of Grapevine approves entering
into this Local Transportation Project Advance Funding Agreement amendment for
development of the Signal Re-timing and Detector Replacement project within the City
of Grapevine.
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
GRAPEVINE, TEXAS on this the 24th day of March, 2009.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
RES. NO. 2