R-2417-6-05RESOLUTION NO. 2417-6-05(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE
LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) WITH THE
STATE OF TEXAS ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR THE FUNDING AND INSTALLATION OF TRAFFIC
SIGNALS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Local Project Advance Funding Agreement by
and between the City of Allen, Texas, and the State of Texas acting by and through the Texas Department of
Transportation which provides for the funding and installation of traffic signals, attached as Exhibit "A';
and,
WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City
Council is of the opinion and finds that the terns and conditions thereof should be approved, and that the
City Manager should be authorized to execute the Agreement on behalf of the City of Allen, Collin County,
Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1. The Local Project Advance Funding Agreement for the installation of traffic signals,
' attached hereto and incorporated herein by reference for all purposes, having been reviewed by the City
Council of the City of Allen, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to
execute the Agreement on behalf of the City of Allen, Collin County, Texas.
SECTION 2. This Resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, THE 25TM DAY OF .LUNE, 2005.
APPROVED:
Stcphen ferrell, MAYOR
ATTEST:
Shelley B.B. GeoC, CITY
CSJ #: 918-24-132 & 133
District: 18 -Dallas
Code Chart 64# 00650 Allen
Contract #: 18- 6XXH700/u
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL PROJECT ADVANCE FUNDING AGREEMENT
For An
CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROJECT FOR
FURNISHING AND INSTALLING OF TRAFFIC SIGNALS
BY A MUNICIPALITY
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 Allen, acting by and through its duly authorized officials,
hereinafter called the "Local Government."
WITNESSETH
WHEREAS, a Master Advance Funding Agreement (MAFA) between the Local Government
and the State has been adopted and states the general terms and conditions for
transportation projects developed through this LPAFA; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this
LPAFA by Resolution or Ordinance - Attachment A which is attached hereto and made a
part hereof, for development of the specific project (the Project) the project funding of which
is identified in the Project Budget Estimate and Source of Funds - Attachment B which is
attached hereto and made a part hereof; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 108410 that
provides for the development of, and funding for, the Project described herein.
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 for this LPAFA is described as furnishing and installing traffic signals.
a. Warranting Data: The Local Government will be responsible for collecting and
preparing the required warranting and justification data for each signalized
AFA-LPAFA_TS Page 1 of 6 Revised 11/9/05
CSJ #: 918-24-132 8133
District: 18 -Dallas
Code Chart 64# 00650 Allen
Contract #: 18- 6XXH7006
intersection. The data will be furnished to the State in a format approved by the State.
Only those intersections that are warranted and approved by the State will be eligible
for signalization under this LPAFA.
b. Intersection Locations: (1) All State -approved on -system intersections in the Project
are identified in Attachment "C' - On State Highway System Intersections which is
attached hereto and made a part hereof; (2) All State -approved off -system
intersections in the Project are identified in Attachment "D" - Off State Highway
System Intersections which is attached hereto and made a part hereof.
5. Right of Way and Real Property shall be the responsibility of the Local Government, as
stated in the MAFA, without exception.
6. Adjustment of utilities will be provided by the Local Government as required and as stated
in the MAFA without exception.
7. Environmental Assessment and Mitigation will be carried out as stated in the MAFA,
without exception.
8. Compliance with Texas Accessibility Standards and ADA will be as stated in the MAFA,
without exception.
9. Engineering Services will be provided by the Local Government, as stated in the MAFA.
The construction plans shall be prepared in accordance with the latest edition of the
Texas Manual on Uniform Traffic Control Devices (TMUTCD). The State shall approve
the final plans prior to construction of the signals.
10. Construction Responsibilities will be carried out by the Local Government, as stated in the
MAFA, without exception. The Local Government will construct the Project with Local
Government forces or through contract forces, in accordance with the plans and the
TMUTCD.
If the Local Government will construct the Project with its own forces, check here: (_]
a. The State will make suitable, frequent, and complete inspection of materials and
equipment, and the work of installation sufficient to determine and permit certification
that the Project and its components meet all applicable requirements of the plans and
specifications in suitable condition for operation and maintenance by the Local
Government after its completion.
b. The Local Government shall provide opportunities, facilities, and representative
samples, as may be required, to enable the State to carry on suitable, frequent, and
complete inspection of materials and application methods, sufficient to afford
determination and certification by the State that all parts of the installation and the
component materials comply with the requirements of the approved plans and
specifications. The State will promptly notify the Local Government of any failure of
materials, equipment, or installation methods, and the Local Government shall take
such measures as necessary to obtain acceptable systems components and
installation procedures without delay.
AFA-LPAFA_TS Page 2 of 6 Revised 11/9i05
CSJ #: 918-24-132 & 133
District: 18 -Dallas
Code Chart 64# 00650 Allen
Contract #: 18- 6XXH7006
c. The State shall make random inspections of 25% of the work and equipment on this
Project. If it is later determined that any materials not initially inspected by the State
did not comply with the requirements of the approved plans and specifications or any
application methods were not sufficient at any time during this contract or after this
contract has terminated, the State will promptly notify the Local Government of these
items and the Local Government shall take such measures as necessary to obtain
acceptable systems components and installation procedures without delay at their
own expense.
11. Project Maintenance will be undertaken as provided for in the MAFA, without exception.
12. Local Project Sources and Uses of Funds
a.The maximum total Project cost without modification is $ 1.127,845. A cost estimate of
the work authorized for each intersection listed in Attachments "C" and "D" shall be
provided in Cost Estimate - Attachment "E" which is attached hereto and made a part
of this LPAFA. Any work done prior to federal authorization will not be eligible for
reimbursement. It is the Local Government's responsibility to verify with the State that
the Federal Letter of Authority has been issued for the work covered by this
Agreement.
b.The State will reimburse the Local Government the cost of furnishing and installing the
traffic signal equipment according to the location and manner of construction as
shown and described in the plans and specifications. The State will reimburse the
Local Government for up to 100% of the allowable costs for the locations described in
Attachment "C." The State will reimburse the Local Government for up to 80% of the
allowable costs for the locations described in Attachment "D."
c. The State's direct costs for the State's review and processing for the work completed at
the locations described in Attachment "D" on this LPAFA shall be $ 8.620. This
amount is I % of the total estimate in Attachment "E" for the locations listed in
Attachment "D". After execution of this LPAFA, but prior to the State authorizing work
to begin, the Local Government will remit a check or warrant made payable to the
"Texas Department of Transportation" in the amount specified in Attachment B as the
local contribution for State's costs for review and processing. Any indirect costs will be
in accordance with the State's Indirect Cost Recovery Plan.
d.The State will reimburse the Local Government for properly supported costs incurred
under the terms and conditions of this LPAFA. Costs incurred prior to the issuance of
a written notice to proceed by the State will not be reimbursed except for materials
already on hand. Reimbursement will be made by the State to the Local Government
for labor, equipment use, materials, supplies, travel expenses, and warehouse or
material handling charges provided the Local Government has paid from Local
Government funds their obligations covering items of costs previously billed.
e.The Local Government is responsible for all non-federal and non -state funding,
including all Project cost overruns, unless provided for through amendment of this
LPAFA.
f. If any existing or future local ordinances, including, but not limited to, outdoor
advertising billboards or storm water drainage facility requirements, are more
AFA-LPAFA_TS Page 3 of 6 Revised 11/9/05
CSJ #: 918-24-132 & 133
District: 18 -Dallas
Code Chart 64# 00650 Allen
Contract #: 18- I XXH7006
restrictive than State or Federal Regulations, or 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 such 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 expenses related to relocation, removal, or
adjustment of eligible utilities.
g. The Local Government shall submit the State's Form 132, Billing Statement, or other
type of invoice acceptable to the State upon completion and final inspection of the
Project (or on a quarterly basis wherever the work and materials provided for and
contemplated under this contract have been found by the State, based upon an
inspection made by the State to be satisfactorily completed and installed on any
individual signalized intersection and/or section of roadway as approved by the State
for partial acceptance by letter) for the work and/or equipment which has been
accepted by the State.
h. An original and one (1) copy of the Billing Statement should be submitted to the
following address:
Texas Department of Transportation
Attn. Director of Transportation Operations
PO Box 133067
Dallas, TX 75313-3067
I. All billing statements shall be property documented, summarizing the costs by
description of work performed, quantity of materials and devices, unit price, labor
costs, and extensions. The State will make payment to the Local Government within
thirty (30) days from receipt of the Local Government request for payment, provided
that the request is properly prepared, executed, and documented. Unsupported
charges or charges after final acceptance by the State will not be considered eligible
for reimbursement. If applicable or necessary, the State will prepare a final audit upon
completion of the work authorized or at any time an audit is deemed to be in the best
interest of the State.
j. 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.
13. Special Conditions. N/A
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
AFA-LPAFA TS Page 4 of 6 Revised 11/9/05
CSJ #: 918-24-132 & 133
District: 18 -Dallas
Code Chart 64# 00650 Allen
Contract #: 18- 6XXH700(n
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.
15. Incorporation of MAFA Provisions. This LPAFA incorporates all of the governing
provisions of the MAFA in effect on the date of final execution of this LPAFA, unless such
MAFA provision is specifically excepted herein.
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 of way shall cease immediately, and
the State may recover damages and all costs of completing the work. 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.
17. Signatory Warranty. The signatories to this LPAFA warrant that each has the authority to
enter into this LPAFA on behalf of the party represented.
AFA-LPAFA TS Page 5 of 6 Revised 11/9/05
CSJ M 918-24-132 & 133
District: 18 -Dallas
Code Chart 64# 00650 Allen
Contract #: 18- 6XXH7006,
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERN ME JT — Y OF ALLEN
(Signa e)
Name:
(Print/Type)
Title: C �✓
.(rt/Type)
Date: /a - 15—S�
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
Co i ion.
sy:
nic Mullenil
irector of Contr ct Services Section
Office of General Counsel
Texas Department of Transportation
AFA-LPAFA_TS Page 6 of 6 Revised 11/9/05
ATTACHMENT A
CITY OF ALLEN
CERTIFICATION
CITY OF ALLEN, TEXAS
COLLIN COUNTY, TEXAS
I, Shelley B. George, City Secretary of the City of Allen, Collin County,
Texas, do hereby certify that the attached is a true and correct copy of the City of
Allen Resolution No. 2417-6-05(R) duly passed and approved by the City Council
of the City of Allen, Texas, on the 28th day of June, 2005.
WITNESS MY HAND AND SEAL OF SAID CITY, this the 29`h day of
June, 2005.
Shelley B. George
City Secretary
City of Allen, Texas
ALLENCIVICPL • 305CENTURYPARKWAY • ALLEN,TEKAS75013-8042
214.509.4100
EMAIL: c @cityofolion.org
RESOLUTION NO. 2417445M
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE
LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) WITH THE
STATE OF TEXAS ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR THE FUNDING AND INSTALLATION OF TRAFFIC
SIGNALS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Local Project Advance Funding Agreement by
and between the City of Allen, Texas, and the State of Texas acting by and through the Texas Department of
Transportation which provides for the funding and installation of traffic signals, attached as Exhibit "A";
and,
WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City
Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the
City Manager should be authorized to execute the Agreement on behalf of the City of Allen, Collin County,
Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF. ALLEN,
TEXAS, THAT:
SECTION 1. The Local Project Advance Funding Agreement for the installation of traffic signals,
attached hereto and incorporated herein by reference for all purposes, having been reviewed by the City
Council of the City of Allen, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to
execute the Agreement on behalf of the City of Allen, Collin County, Texas.
SECTION 2. This Resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, THE 25a DAY OF JUNE, 2005.
APPROVED:
S ephen Terrell, MAYOR
ATTEST:
Shelley B. GeoC, CITY S
CSJ # : 918-24-132&133
District: 18 -Dallas
Code Chart 64# 00650 Allen
Contract #: 18- 6XXH70%.
ATTACHMENT B
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
ON SYSTEM PROJECT COSTS
Description
0918-24-132
Total
Estimate
Cost
Federal
Participation
State
Participation
Local
Participation
-
- 100%
W/o
_
20%
20
Preliminary Engineering
15,417
12,334
3,083
10,438
Construction
221,531
177,225
44,306
148,248
Signal Timing
6,608
5,286
1,322
4,473
Project ManagemenUCity Labor
13,655
10,924
2,731
9,244
TOTAL
257,211
1 205,769
51,442
172,403
`rfA1.v kitial SXF
�• Date2 Z3_ob
OFF SYSTEM PROJECT COSTS 01
Description
0918-24-133
Total
Estimate
Cost
Federal
Participation
State
Participation
Local
Participation
State reimbursements to Local
Government for the project
100%
8o%
0 %
20
Preliminary Engineering
52,186
41,748
-
10,438
Construction
741,241
592,993
148,248
Signal Timing
22,365
17,892
4,473
Project Management/City Labor
46,222
36,978
9,244
SUBTOTAL
862,014
689,611
172,403
State's direct costs for review and
processing (Estimated 1% of Subtotal)
8,620
6,896
1,724
TOTAL
870,634
696,507
174,127
Payment due prior to notice to proceed
1,724
State reimbursements to Local
Government for the project
895,380
51,442
PROJECT TOTAL
1,127,845
902,276
51,442
174,127
AFA-LPAFA_TS Page 1 of 1 Attachment B
CSJ #: 918-24-132&133
District: 18 -Dallas
Code Chart 64# 00650 Allen
Contract #: 18- E XXH7006
ATTACHMENT C
"On State Highway System Intersections"
1) US 75 at Bethany
2) FM 2551 at Bethany
3) SH 5 at Exchange
4) FM 2170 at FM 2551
5) US 75 at McDermott
6) US 75 at FM 2786
7) SH 5 at FM 2786
8) FM 2786 at Angel Pkwy.
AFA-LPAFA_rs Page 1 of 1 Attachment B
CSJ #: 918.24-132&133
District: 18 -Dallas
Code Chart 64# 00650 Allen
Contract #: 18- 6XXH7006
ATTACHMENT D
"Off State Highway System Intersections"
1) Be[ Air at Alma
2) Bethany at Alma
3) Bethany at Century
4) Bethany at Greenville
5) Bethany at Jupiter
6) Bethany at Allen Heights
7) Bethany at Cheyenne
8) Bethany at Malone
9) Chaparral at Greenville
10) Chaparral at Jupiter
11) Comanche at Alma
12) Exchange at Alma
13) Hedgcoxe at Duchess
14) Main at Greenville
15) Main at Jupiter
16) Main at Allen Heights
17) Main at Malone
18) McDermott at Twin Creek/Suncreek
19) McDermott at Alma
20) McDermott at Watters
21) McDermott at Old Angel
22) McDermott at Century
23) McDermott at Allen Drive
24) Rivercrest at Greenville
AFA-LPAFA_TS Page 1 of 1 Attachment D
Detailed Cost For Advanced Transportation Management System
On System -918.24-132
Item Unit Cost Unit
Quantity
Item Cost
Communication Hardware at Intersection $4,090.00 ea.
8
$32,720.00
Misc. Fiber Optic,Coaz cable, conduit, etc. $900.00 ea.
8
$7,200.00
Signing, Striping, etc. $1,950.00 ea.
8
$15,600.00
Signal Controller I Cabinet Upgrades $8,000.00 ea.
8
$64,000.00
Vehicle Detection Improvements $7,000.00 ea.
8
$56,000.00
Total Equipment Cost
$175,520.00
Construction
$46,011.00
Total Construction Cost 100%
$221,531.00
Design Management (Engineering plan & specification preparation)
7%
$15,417.00
Design Management (Engineering Signal Timing)
3%
$6,608.00
Construction Management
3%
$6,607.00
Testing
0.50%
$1,101.00
Staff Charges
2%
$4,405.00
Contingencies
10%
$1542.00
Budget Total 100%
$257,211.00
Programmed Budget
$257,211.00
EXHIBIT E
Detailed Cost For Advanced Transportation Management System
Off System -918-24-133
Item Unit Cost Unit Quantity Item Cost
Communication Hardware at Intersection
$4,090.00
ea.
24
$98,160.00
Master Communication Hardware
$6,925.00
ea.
1
$6,925.00
Misc. Fiber Optic,Coax cable, conduit, etc.
$970.00
ea.
24
$23,280.00
Work Station
$10,000.00
ea.
1
$10,000.00
Signing, Striping, etc.
$2,290.00
ea.
24
$54,960.00
Software
$9,950.00
LS
1
$9,950.00
LED Replacement
$3,010.00
ea.
24
$72,240.00
Signal Controller / Cabinet Upgrades
$8,000.00
ea.
24
$192,000.00
Vehicle Detection Improvements
$7,000.00
ea.
24
$168,000.00
Total Equipment Cost
$635,515.00
Construction
$105,726.00
Total Construction Cost
100%
$741,241.00
Design Management (Engineering plan & specification preparation)
7%
$52,186.00
Design Management (Engineering Signal Timing)
3%
$22,365.00
Construction Management
3%
$22,366.00
Testing
0.50%
$3,728.00
Staff Charges
2%
$14,910.00
Contingencies
10%
$5,218.00
Budget Subtotal
100%
$862,014.00
TxDOT Administration 1.0% $8,620.00
Budget Total $870,634.00
Programmed Budget $870,634.00