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ST0502-CS071101 Fr i,act , 45 b,;441 STas az A4g DRAFT MEMORANDUM OF UNDERSTANDING I I /'/7 Defederalization of Freeport Parkway Projects City of Coppell, TxDOT Dallas District, NCTCOG This memorandum of understanding (MOU) is intended to outline the agreement regarding the Freeport Parkway funding strategy in the City of Coppell. In March 2005, the North Central Texas Council of Governments (NCTCOG) and the Regional Transportation Council (RTC), which serves as the policy board for the Dallas -Fort Worth Metropolitan Planning Organization (MPO), along with other communities along the S.H. 121 corridor in Dallas and Denton counties, executed a MOU, which identified projects that would be implemented using proceeds of the S.H. 121 toll project. Two projects on Freeport Parkway were included in this MOU: TIP Project 11532, CSJ 0918 -47 -983: Freeport Parkway from S.H. 121 to Sandy Lake Road, Construct new 6 -lane facility Authorized Funding: $7,114,858 total cost ($5,691,886 DFW RTR Funds and $1,422,972 local)* TIP Project 11533, CSJ 0918 -47 -984: Freeport Parkway from Sandy Lake Road to Ruby Road, Widen 2 to 4 lanes Authorized Funding: $4,377,500 total cost ($3,502,000 DFW RTR Funds and $875,500 local) ** *The original project cost of $4,550,000 total ($3,640,000 DFW RTR funds and $910,000 local) will come from the Denton County allocation of the S.H. 121 proceeds. The additional increment of funding $2,564,858 total ($2,051,866 DFW RTR funds and $512,972 local) will come from the Dallas County allocation of the S.H. 121 proceeds. ** The original project cost of $4,210,000 total ($3,368,000 DFW RTR funds and $842,000 local) will come from the Denton County allocation of the S.H. 121 proceeds. The additional increment of funding $167,500 total ($134,000 DFW RTR funds and $33,500 local) will come from the Dallas County allocation of the S.H. 121 proceeds. These projects were originally funded with federal Surface Transportation Program - Metropolitan Mobility (STP -MM) funds. Since that time, NCTCOG and TxDOT staff have agreed to defederalize these projects to expedite the implementation timeframe. On October 11, 2007, the RTC approved additional funding and changed the funding source from STP -MM to the Dallas -Fort Worth Regional Toll Revenue (DFW RTR) funds (as represented above). These project changes were submitted to the State for inclusion in the 2008 -2011 Statewide Transportation Improvement Program on November 1, 2007. Final State approval is anticipated in the January 2008 timeframe. This Memorandum of Understanding outlines the terms of agreement and comm iCrrlents made as a part of this funding strategy. I. RTC /NCTCOG COMMITMENTS The RTC /NCTCOG staff commits to facilitate State approval of the project modifications (cost and funding type) listed above. In addition, NCTCOG staff will draft and execute a master agreement with the State to gain access to the DFW RTR funds. Subsequently, NCTCOG staff will draft and execute an agreement with the City of Coppell in order to implement these projects. If the State does not approve the defederalization proposal or execute a master agreement with RTC /NCTCOG to allow for local vs. state project implementation, the project will revert to a federal funding /implementation process. Under these circumstances and as a one time occurrence, the RTC / NCTCOG will reimburse Coppell for engineering costs incurred prior to contract execution (up to the current engineering estimate of $1,400,000). 0 +Maste� retw �k NGtco4 �•r ao C 4t twM��) �� reewn N T(.©& C,oppell (M . P ; '! t l ce b ?gat e t O tr • CMo cr)) -4 : .'- w- Nov ?46, II. COPPELL COMMITMENTS Pa) / Coppell will initiate the engineering phase for both projects in the October /November 2007 timeframe. Any design costs paid in advance of contract execution by the City of Coppell will count toward the 20 percent local match requirement for the project. However, local costs incurred prior to receipt of a `(N4a.t notice to proceed by RTC / NCTCOG will not be reimbursed. As a defederalized project, Coppell staff 1 ‘ .1 ,_k (A4 certifies that City procurement, design standards, and construction inspection, and auditing rules va c ;„ 0(e , ce i t procedures will be followed. If the defederalization proposal fails, the project funding would revert back to federal. As a one -time good faith measure, RTC / NCTCOG will reimburse Coppell for engineering costs incurred prior to contract execution (up to the current engineering estimate of $1,400,000). Under this scenario, the City of Coppell would still have to provide a 20 percent local match to federal funds. III. TxDOT COMMITMENTS TxDOT staff will facilitate execution of a master funding agreement between RTC /NCTCOG and TxDOT for receipt of DFW RTR funds and subsequent implementation of off system transportation and air quality projects. TxDOT concurs that any design costs paid in advance of contract execution by the City of Coppell will count toward the 20 percent local match requirement for the project. IV. SIGNATURE OF AGREEMENT This agreement is contingent upon approval of the terms outlined herein by the policy body of each impacted party. Mike Eastland Date North Central Texas Council of Governments Michael Morris, P.E. Date North Central Texas Council of Governments Jim Witt Date City of Coppell William L. Hale Date TxDOT Dallas District Page 2 of 2 ST f\-- III /17 Funding Strategy for Freeport Parkway Projects Defederalization Proposal In March 2005, the North Central Texas Council of Governments (NCTCOG) and the Regional Transportation Council (RTC), which serves as the policy board for the Dallas -Fort Worth Metropolitan Planning Organization (MPO), along with other communities along the S.H. 121 corridor in Dallas and Denton counties, executed a MOU, which identified projects that would be implemented using proceeds of the S.H. 121 toll project. Two projects on Freeport Parkway were included in this MOU: TIP Project 11532, CSJ 0918 -47 -983: Freeport Parkway from S.H. 121 to Sandy Lake Road, Construct new 6 -lane facility TIP Project 11533, CSJ 0918 -47 -984: Freeport Parkway from Sandy Lake Road to Ruby Road, Widen 2 to 4 lanes These projects were originally funded with federal Surface Transportation Program — Metropolitan Mobility (STP -MM) funds. Since that time, NCTCOG and TxDOT staff have agreed to defederalize these projects to expedite the implementation timeframe. On October 11, 2007, the RTC approved changed the funding source from STP -MM to the Dallas -Fort Worth Regional Toll Revenue (DFW RTR) funds. This change was submitted to the State for inclusion in the 2008 -2011 Statewide Transportation Improvement Program on November 1, 2007. Final State approval is anticipated in the December 2007 /January 2008 timeframe. q} 4 T i P Fe t&t�2 1 4;-, Eftw 1Awl; � g )i g., r � f ` t l RTC /NCTCOG COMMITMENTS The RTC /NCTCOG staff commits to facilitate State approval of the project modifications (funding type) listed above. In addition, NCTCOG staff will draft and execute a master agreement with the State to gain access to the DFW RTR funds. Subsequently, NCTCOG staff will draft and execute an agreement with the City of Coppell in order to implement these projects. If the State does not approve the defederalization proposal or execute a master agreement with RTC /NCTCOG to allow for local vs. state project implementation, the project will revert to a federal funding /implementation process. Under these circumstances and as a one time occurrence, the RTC /NCTCOG will reimburse Coppell for engineering costs incurred prior to contract execution. COPPELL COMMITMENTS Coppell will initiate the engineering phase for both projects in the November /December 2007 timeframe. Any design costs paid in advance of contract execution by the City of Coppell will count toward the 20 percent local match requirement for the project. However, local costs incurred prior to = *, receipt of a notice to proceed by RTC /NCTCOG will not be reimbursed (subject to the payment clause listed under the RTC /NCTCOG commitments section). As a defederalized project, Coppell staff certifies that City procurement, design standards, and construction inspection, and auditing rules and procedures will be followed. If the defederalization proposal fails, the project funding would revert back to federal. As a one -time good faith measure, RTC / NCTCOG will reimburse Coppell for engineering costs incurred prior to contract execution. Under this scenario, the City of Coppell would still have to provide a 20 percent local match to federal funds. rv100,ter Ave t.) (06. 1.1 i • TxDOT COMMITMENTS ? A m'rt,OCr coppeo 0 n e k ca. to P, 4 Y now, NCT 0O G Page 1 of 2 TxDOT staff will facilitate execution of a master funding agreement between RTC /NCTCOG and TxDOT for receipt of DFW RTR funds and subsequent implementation of off system transportation and air quality projects. TxDOT concurs that any design costs paid in advance of contract execution by the City of Coppell will count toward the 20 percent local match requirement for the project. DEVELOPER COMMITMENTS ? ?? Page 2 of 2 a) � � - d) O Q) U >_ O � — Q : RS N om -' O i) a) 00) •C p V � � . .� Q U O O U �r C > O Q) .� — � d a) ?? O a) o O O c O a) U ° x o °) a� Q . c ,., m o F- O UJ c O pc c c _ _ V c LO o -� _L V . B_ d) Q - D N Q +ate' r 0. � c > . ° ° L : °c _ _ � —('3 cn cn ca N N a� U > a) H u "a a� L: c p c ®- O_J a� c 0 o p c� j Q o o >_ &) — m H p -C •� .° c > o a) cn c ° c c a� c c‚3 o. :° =—E o o c v L c .cZ cn o U - v c0 o a� '3000(000f,Hc co r � p U p C +_ U �-- O 0 +) ''' m c‚3 o X o.x ° -X a a � < -_ oQ o 0- F— W o o a� w o.� Q H Q (0 O U) Q H o w a L is rl.M4I rr�r rya 5 ocs 02 'am Regional Transportation Council , The Transportation Policy Body for the North Central Texas Council of Governments (Metropolitan Planning Organization for the Dallas -Port Worth Region) TO: S.H. 121 Memorandum of DATE: March 24, 2005 Understanding Signatories FROM: Michael Morris, P.E. Director of Transportation SUBJECT: Transmittal of S.H. 121 Memorandum of Understanding The S.H. 121 Memorandum of Understanding (MOU) that outlines the funding strategy associated with the tolling of S.H. 121 from the southern end of the S.H. 121 Bypass at Denton Creek to the Dallas North Tollway has recently been finalized. A fully executed original is being transmitted to you via certified mail. As noted in the document, this MOU serves as a staff planning document, which will be supported by subsequent approval by your policy bodies by resolution. The North Central Texas Council of Governments and Texas Department of Transportation have secured or are pursuing funding for all projects identified in the MOU. Please note that all projects included in the S.H. 121 MOU will go to bid as soon as funding is available and the project is ready for construction. We look forward to working with you in the future to monitor these projects and facilitate their timely implementation. Please contact Christie Jestis or me at 817/695 -9240 if you have any questions or if you need any additional information regarding the S.H. 121 Memorandum of Understanding. AILLatalgi Aid M c ael Morri , P. . LS:bw Enclosure cc: Bob Brown, P.E., Assistant District Engineer, Texas Department of Transportation Ken Griffin, P.E., City Engineer, City of Coppell Jerry Hodge, Director of Public Works, City of Grapevine Cesar Molina, Jr., P.E., Director of Transportation, City of Carrollton John Polster, Innovative Transportation Solutions, Inc. Cissy Sylo, P.E., Director of Engineering Services, City of Frisco Alan Upchurch, P.E., City Engineer, City of Plano 2004 -2005 UPWP Element 3.01 Project File P. 0. Box 5888 • Arlington, Texas 76005 -5888 • (817) 695 -9240 • FAX (817) 640 -3028 http://www.nctcog.dst.tx.us/trans