RE 2008-0527.01
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ~OOV'-0521. 01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE
ADVANCE FUNDING AGREEMENT BY AND AMONG THE STATE OF
TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION AND THE CITY OF COPPELL, WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT A;
AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT
SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the GOVERNMENT CODE and the TEXAS TRANSPORTATION CODE authorizes the
State to contract with municipalities and political subdivisions; and
WHEREAS, the Texas TRANSPORTATION CODE authorizes the State to layout, construct,
maintain, and operate a system of streets, roads, and highways that comprise the State Highway
System; and
WHEREAS, through Senate Bill 796, Article 6, Section 228.0055, the State has been
authorized to allocate the distribution of SH 121 tollway revenue funds and interest payment to
finance local projects in the metropolitan planning region; and
WHEREAS, the City of Coppell has requested that the State allow the City to utilize said
funding with approved local tollway revenue funds for a project described as Freeport Parkway
(Phase I) from SH 121 to Sandy Lake to construct 0 to 6 lanes and Freeport Parkway (Phase II)
from Sandy Lake to Ruby Road to widen 2 to 4 lanes, hereinafter the "Project"; and
WHEREAS, the State has determined that such participation is in the best interest of the
citizens of the State; and
WHEREAS, the City Council hereby approves the terms and conditions of the Advance
Funding Agreement, which is attached hereto and incorporated herein as Exhibit A, and authorizes
the Mayor to execute said Agreement subject to the final approval of the City Attorney.
NOW, THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, AS FOLLOWS:
SECTION 1. That the terms and conditions of the Advance Funding Agreement, which is
attached hereto and incorporated herein as Exhibit A, are hereby approved for the purposes of
funding the Project as described herein, and, the Mayor is hereby authorized to execute said
TM 28057.2.000
jE&llii
Agreement for and on behalf of the City of Coppell, Texas, subject to final approval by the City
Attorney.
SECTION 2. That this Resolution shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City ofCoppell, Texas, this the ~'71L-day of
~
,2008.
ATTEST:
~~Vh4:iL-
LIBBY LL, SECRETARY
APPROVED AS TO FORM:
,
~C.:
ROBERT E. HAGER, CITY A.TT
(REHlcdb 5/22/08)
~~
RNEY
2
TM 28057.2.000
..
CSJ# 0918-47-983 (Phase I)
District # 18
Code Chart 64 #09700
Freeport Pkwy: From SH 121
To Sandy Lake
CSJ: 0918-47-984 (Phase II)
Freeport Pkwy: From Sandy Lake
To Ruby Road
Dallas County
THE STATE OF TEXAS ~
THE COUNTY OF TRAVIS ~
ADVANCE FUNDING AGREEMENT
THIS AGREEMENT 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 Coppell, acting by
and through its duly authorized officials, hereinafter called the "Local Government."
WITNESSETH
WHEREAS, Transportation Code, Chapters 201, 221,227, and 228 authorize the State to layout,
construct, maintain, and operate a system of streets, roads, and highways that comprise the State
Highway System; and
WHEREAS, Transportation Code, S228.012 requires the State to create a separate account in the
state highway fund to hold payments received by the department under a comprehensive
development agreement ("CDA"), the surplus revenue of a toll project or system, and payments
received under Transportation Code, SS228.0 111 (g)(2) and (i)(2); and
WHEREAS, the State is required to create subaccounts in the account for each project, system, or
region, and to hold money in a subaccount in trust for the benefit of the region in which a project or
system is located, and may assign the responsibility for allocating money in a subaccount to a
metropolitan planning organization ("MPO") in which the region is located; and
WHEREAS, the State has created subaccounts in the state highway fund to hold the payments
received from the North Texas Tollway Authority ("NTTA") for the right to develop, finance, design,
construct, operate, and maintain the SH 121 toll project from Business SH 121 in Denton County to
US 75 in Collin County ("SH 121 payments"); and
WHEREAS, in Minute Order 110727, dated October 26,2006, the Texas Transportation Commission
("Commission") approved a memorandum of understanding ("MOU") with the Regional Transportation
Council ("RTC"), the transportation policy council of the North Central Texas Council of Governments
("NCTCOG"), a federally designated MPO, concerning the administration, sharing, and use of surplus
toll revenue and CDA concession payments in the region served by NCTCOG, including the SH 121
payments; and
WHEREAS, responsibility for allocating the SH 121 payments has already been assigned, to a
degree, to the RTC under the MOU, which provides that the selection of projects to be financed using
those funds shall be made by the RTC, subject to commission concurrence; and
Page 1 of 7
Revised 05/02/2008
,~..._..
CSJ# 0918-47-983 (Phase I)
District # 18
Code Chart 64 #09700
Freeport Pkwy: From SH 121
To Sandy Lake
CSJ: 0918-47-984 (Phase II)
Freeport Pkwy: From Sandy Lake
To Ruby Road
Dallas County
WHEREAS, the Local Government has requested that the State allow the Local Government to utilize
funding from the SH 121 payments for projects described as Freeport Parkway (Phase I) from SH
121 to Sandy Lake - construct new location and Freeport Parkway (Phase 2) from Sandy Lake to
Ruby Road - widen 2 to 4 lanes, hereinafter called the "Project"; and
WHEREAS, the RTC has selected the Project to be funded from the SH 121 payments, and the
Commission, in Minute Order 111215, dated January 31, 2008, concurred in the selection and
authorized the expenditure of funds for the Project from the SH 121 payments that are held in a State
subaccount ("SH 121 Subaccount"); and
WHEREAS, Government Code, Chapter 791, and Transportation Code, S201.209 authorize the State
to contract with municipalities and political subdivisions to perform governmental functions and
services; 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
This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed, and the State and the Local Government will consider it to be in full force
and effect until the Project described herein has been completed and accepted by all parties or
unless terminated, as hereinafter provided.
Article 2. Project Funding and Work Responsibilities
The State will authorize the payment within ninety (90) days of execution of this Agreement in one
fixed lump sum of only those Project items of work which the Local Government has requested and
has agreed to complete as described in Attachment A, Payment Provision and Work Responsibilities
which is attached to and made a part of this contract. All overruns are the responsibility of the Local
Government.
Article 3. Shortfalls in Funding
The Local Government shall apply all funds from the SH 121 Subaccount, released for the two
construction projects mentioned in Attachment A, Payment Provisions and Work Responsibilities, and
to none other. Should the released funds be insufficient to complete the work contemplated by those
two projects, the Local Government may make further request to the RTC and the State for additional
funds from the SH 121 Subaccount. If the SH 121 Subaccount does not contain sufficient funds to
cover the balance necessary to complete the project(s), then the Local Government shall be liable
itself for any shortfall.
Page 2 of 7
Revised 05/02/2008
,""'_..
CSJ# 0918-47-983 (Phase I)
District # 18
Code Chart 64 #09700
Freeport Pkwy: From SH 121
To Sandy Lake
CSJ: 0918-47-984 (Phase II)
Freeport Pkwy: From Sandy Lake
To Ruby Road
Dallas County
Article 4. Adjustments Outside the Project Site
The Local Government will provide for all necessary right-of-way needed for performance of the work
on sites not owned or to be acquired by the State.
Article 5. 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
pursuant to this agreement.
Article 6. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or employee of the
other party and each party agrees it is responsible for its individual acts and deeds as well as the acts
and deeds of its contractors, employees, representatives, and agents.
Article 7. Maintenance
Upon completion of the Project, the Local Government will assume responsibility for the maintenance
of the completed Project unless otherwise specified in Attachment A to this agreement.
Article 8. Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of utility
facilities in accordance with applicable State laws, regulations, rules, policies, and procedures,
including any cost to the State of a delay resulting from the Local Government's failure to ensure that
utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction.
The Local Government will not be reimbursed with federal or state funds for the cost of required utility
work. The Local Government must obtain advance approval for any variance from established
procedures. Before a construction contract is let, the Local Government shall provide, at the State's
request, a certification stating that the Local Government has completed the adjustment of all utilities
that must be adjusted before construction is completed.
Article 9. Compliance with Texas Accessibility Standards and ADA
All parties to this Agreement shall ensure that the plans for and the construction of all projects subject
to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the
Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102,
Texas Civil Statutes. The T AS establishes minimum accessibility requirements to be consistent with
minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA).
Article 10. Termination
This agreement may be terminated in the following manner:
. by mutual written agreement and consent of both parties;
. by either party upon the failure of the other party to fulfill the obligations set forth herein;
. by the State if it determines that the performance of the Project is not in the best interest of the
State.
Page 3 of 7
Revised 05/02/2008
-,
CSJ# 0918-47-983 (Phase I)
District # 18
Code Chart 64 #09700
Freeport Pkwy: From SH 121
To Sandy Lake
CSJ: 0918-47-984 (Phase II)
Freeport Pkwy: From Sandy Lake
To Ruby Road
Dallas County
Article 11. Notices
All notices to either party by the other required under this agreement shall be delivered personally or
sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being
permitted to the extent permitted by law but only after a separate written consent of the parties),
addressed to such party at the following addresses:
Local Government:
State:
City of Coppell
Attn: City Engineer
P.O. Box 9478
Texas Department of Transportation
Attn: District Engineer
4777 E. Highway 80
Coppell, Texas 75019 Dallas, Texas 75150
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party may change the above address by sending written notice of
the change to the other party. Either party may request in writing that such notices shall be delivered
personally or by certified U.S. mail and such request shall be honored and carried out by the other
party.
Article 12. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between the Local Government and the State, the latest agreement shall take
precedence over the other agreements in matters related to the Project.
Article 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.
Article 14. Amendments
By mutual written consent of the parties, this contract may be amended prior to its expiration.
Article 15. 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.
Page 4 of 7
Revised 05/02/2008
CSJ# 0918-47-983 (Phase I)
District # 18
Code Chart 64 #09700
Freeport Pkwy: From SH 121
To Sandy Lake
CSJ: 0918-47-984 (Phase II)
Freeport Pkwy: From Sandy Lake
To Ruby Road
Dallas County
Article 16. Inspection of Books and Records
The Local Government shall maintain all books, documents, papers, accounting records and other
documentation relating to costs incurred under this agreement and shall make such materials
available to the State for review and inspection during the contract period and for four (4) years from
the date of completion of work defined under this agreement or until any impending litigation, or
claims are resolved. Additionally, the State shall have access to all governmental records that are
directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and
transcriptions.
Article 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.
Article 18. Debarment
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.
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.
[Remainder of Page Intentionally Left Blank]
Page 5 of 7
Revised 05/02/2008
CSJ# 0918-47-983 (Phase I)
District # 18
Code Chart 64 #09700
Freeport Pkwy: From SH 121
To Sandy Lake
CSJ: 0918-47-984 (Phase II)
Freeport Pkwy: From Sandy Lake
To Ruby Road
Dallas County
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 approved and authorized by the Texas Transportation Commission.
By
!J~'- J 4-
William L. Hale, P.E.
Dallas District Engineer
Date
G /i// Jg
THE LOCAL GOVERNMENT
Name of the Local Government City of Coppell
Date
6 -/~ -0/
0>}/..~r
By
-
( ~ /"A- 6//.#
/
Page 6 of 7
Revised 05/02/2008
CSJ# 0918-47-983 (Phase I)
District # 18
Code Chart 64 #09700
Freeport Pkwy: From SH 121
To Sandy Lake
CSJ: 0918-47-984 (Phase II)
Freeport Pkwy: From Sandy Lake
To Ruby Road
Dallas County
ATTACHMENT A
Payment Provision and Work Responsibilities
The State will release funds from the SH 121 Subaccount to pay for a fixed amount of Phase I of
Freeport Parkway Project (0918-47-983) for a total of $5,692,886, including engineering, right-of-
way, construction items, and engineering and contingencies.
The State will release funds from the SH 121 Subaccount to pay for a fixed amount of Phase II of
Freeport Parkway Project (0918-47-984) for a total of $3,502,000, including engineering, right-of-
way, construction items, and engineering and contingencies.
The Local Government shall complete both Phase I and Phase II of Freeport Parkway as described
as Freeport Parkway (Phase I) from SH 121 to Sandy Lake - construct new location and Freeport
Parkway (Phase 2) from Sandy Lake to Ruby Road - widen 2 to 4 lanes and all engineering, right-of-
way and construction work that is required to accomplish that task.
Upon completion of the Project, the Local Government will issue a signed "Notification of Completion"
to the State acknowledging the Project's construction completion.
Page 7 of 7
Revised 05/02/2008
*
I Texas Department of Transportation
P.O. BOX 133067. DALLAS, TEXAS 75313-3067. (214) 320-6100
June 11, 2008
CSJ: 0918-47-983 (Phase I)
Freeport Pkwy: From SH 121
To Sandy Lake
CSJ: 0918-47-984 (Phase II)
Freeport Pkwy: From Sandy Lake
To Ruby Road
Dallas County
Mr. Jim Witt
City Manager
City of Coppell
P.O. Box 9478
Coppell, Texas 75019
Dear Mr. Witt:
Please find attached, one (1) original, fully executed Advance Funding
Agreement for the above mentioned project for your files and use.
If you have any questions, please contact me at 214-320-4435.
Attachment
Sincerely,
;vl~~ '>~~-
Moosa Saghian, P.E.
Director of Contract Administration
Dallas District
THE TEXAS PLAN
REDUCE CONGESTION. ENHANCE SAFETY. EXPAND ECONOMIC OPPORTUNITY. IMPROVE AIR QUALITY
INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS
An Equal Opportunity Employer