RE 2007-0508.1
RESOLUTION OF THE CITY OF COPPELL
'RESOLUTION NO. ~OO 7- tJS08. /
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, AUTHORIZING THE CITY OF COPPELL TO ENTER INTO A LOCAL
PROJECT ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR
VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION
IMPROVEMENT PROJECTS; PROVIDING FOR THE FEDERAL FUNDING OF THE
IH 635 WESTBOUND FRONTAGE ROAD, WEST OF BEL T LINE ROAD;
AUTHORIZING THE MAYOR TO SIGN AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the City Council approves a Local Project Advance Funding Agreement
with the State of Texas acting by and through the Texas Department of Transportation, for the
funding of the widening of the ill 635 Westbound Frontage Road, west of Belt Line Road and the
relocation of the westbound entrance ramp as provided in Exhibit A which is attached hereto and
incorporated herein by reference; and, that Duke Realty shall be solely responsible for the City of
Coppell funding amount of $952,416.50
SECTION 2. That the Mayor is hereby authorized to execute said agreement as provided
in Exhibit A.
SECTION 3. That this resolution shall take effect immediately from and after its adoption
and it is so resolved.
DULY PASSED and approved by the City Council of the City of Coppell, Texas on
this the iJ~ay of mC;J-- ,2007.
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CSJ #2374-07-~. / J .
District # 18
Code Chart 64 #09700
Project: Widening Westbound Frontage Road and
Relocation of Westbound Entrance Ramp
Location: IH 635
Limits: From Belt Line Road to 0.55 Mile
West of Belt Line Road
County: DallaslDenton
THE STATE OF TEXAS ~
THE 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, hereinafter called the State, and the City of Coppell, acting by and
through its duly authorized officials, hereinafter called the Local Government.
WITNESSETH
WHEREAS, Texas Transportation Code, Chapter 201 and 222 authorizes the State to layout,
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 S201.209 and
Chapter 221, authorizes the State to contract with municipalities and political subdivisions; and,
WHEREAS, Commission Minute Order Number 109460 authorizes the State to undertake and
complete a highway improvement generally described as widening the Westbound Frontage Road
and relocation of Westbound entrance ramp; 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 adding two
lanes to the Westbound Frontage Road and relocation of Westbound entrance ramp, hereinafter
called the "Project"; and,
WHEREAS, Transportation Code, S201.209 allows the State to enter into an interlocal agreement
with a Local Government; 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
Article 1. Time Period Covered. The period of this LPAFA is as stated in the MAFA, without
exception.
Article 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
AFA-LPAFA_ VolProj
Page 1 of 5
Revised 2/3/06
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" e CSJ #2374-07-.93" '/ -~~ Y
District #18
Code Chart 64 #09700
Project: Widening Westbound Frontage Road and
Relocation of Westbound Entrance Ramp
Location: IH 635
Limits: From Belt Line Road to 0.55 Mile
West of Belt Line Road
County: DallaslDenton
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, 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.
Article 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.
Article 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.
Article 5. Adjustments Outside the Project Site. 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.
Article 6. Responsibilities of the Parties. Responsibilities of the Parties will be under the
conditions as provided for in the MAFA, without exception.
Article 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.
Article 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 Construction and
Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by
reference, or special specifications approved by the State.
Article 9. Increased Costs. Increased cost will be under the conditions as provided for in the
MAFA, without exception.
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Article10. Maintenance.
MAF A, without exception.
Article 11. Termination. Termination of this LPAFA shall be under the conditions as stated in the
MAF A, without exception.
e CSJ #2374-07-93' (;~).J
District # 18
Code Chart 64 #09700
Project: Widening Westbound Frontage Road and
Relocation of Westbound Entrance Ramp
Location: IH 635
Limits: Prom Belt Line Road to 0.55 Mile
West of Belt Line Road
County: DallaslDenton
Project Maintenance will be under the conditions as provided for in the
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Article 12 Notices.
without exception.
Notices of this LPAFA shall be under the conditions as stated in the MAFA,
Local Government: City of Coppell
Attn: City Manager
255 Parkway Blvd.
P.O. Box 9478
Coppell, TX 75019
Article 13. Sole Agreement. Sole Agreement of this LPAFA shall be under the conditions as stated
in the MAFA, without exception.
Article 14. 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.
Article 15. Amendments. Amendments to this LPAFA shall be made as described in the MAFA,
without exception.
Article 16. 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.
Article 17. 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
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.
Article 18. 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.
Article 19. Signatory Warranty. The signatories to this agreement warrant that each has the
authority to enter into this agreement on behalf of the party they represent.
AFA-LPAFA_ VolProj Page 3 of 5 Revised 2/3/06
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CSJ #2374-07..9'5' G ~;-S
District #18
Code Chart 64 #09700
Project: Widening Westbound Frontage Road and
Relocation of Westbound Entrance Ramp
Location: IH 635
Limits: From Belt Line Road to 0.55 Mile
West of Belt Line Road
County: DallaslDenton
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate
counterparts to effectuate this agreement.
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 app.roved, rdluthorized by the Texas Transportation Commission.
By M.Qg ~
Ilham L. Hale, P.E.
District Engineer, Dallas District
Date ~/ ~/e7
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THE LO AL G.OVE~I ENT - CITY OF COPPELL
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By ;1 , ~
Signature
Douglas N. Stover
Printed/Typed Name
MAYOR
Printed/Typed Title
Date 6'" B -() 7
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Revised 2/3/06
CSJ #2374-07-9J.I'! ~'5-Y
District #18
Code Chart 64 #09700
Project: Widening Westbound Frontage Road and Relocation of Westbound Entrance Ramp
Location: IH 635
Limits: From Belt Line Road to 0.55 Mile
West of Belt Line Road
County: Dallas/Denton
Attachment A
Project Budget and Description
The Local Government will pay for the cost of adding two lanes on the West Bound Frontage Road at IH 635 from Belt Line Road to
0.55 mile West of Belt Line Road. The Local Government's participation is 100% of the cost of this particular improvement. The Local
Government's estimated cost of this additional work is $952,416.50, including construction items, and engineering and contingencies.
The State has estimated the project to be as follows: _
Project Budget
Total Estimated Federal
Cost Partici ation
100% 0.0%
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$16,007.00 $0.00
$800,350.00 $0.00
$136,059.50 $0.00
$952,416.50 $0.00
Land (no cash contribution)
Utilities (no cash contribution)
Environmental Cost (no cash contribution)
Preliminary Engineering - State Review
est. at 2% of Construction
Construction
Engineering & Contingency (est. at 17% of
Construction
Total
1 st payment due prior to
PS&E review by state
2nd payment due 60 days
prior to project letting
State
Partici ation
0.0%
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total Participation required from the Local Government (100%) = $952,416.50
Direct State Cost will be based on actual charges.
Local Participation
100.0%
$0.00
100%
$0.00
$16,007.00
$800,350.00
$136,059.50
$952,416.50
This is an estimate only, final participation amounts will be based on actual charges to the project.
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Total Participation
$0.00
100%
$0.00
$16,007.00
$800,350.00
$136,059.50
$952,416.50
$16,007.00
$936,409.50