ST9902-AG110613AGENDA REQUEST FORM
T H E C t T Y O F
COPPELL
DEPT: Engineering
DATE: June 14, 2011
ITEM #: 11
WORK SESSION CONSENT IZI REGULAR
ITEM TYPE: CONTRACT /BID or PROPOSAL
ITEM CAPTION:
Consider approval of Advanced Funding Agreement Amendment #I between the State of Texas, acting through the
Texas Department of Transporation (TxDOT), and the City of Coppell to terminate the original agreement for the
widening of Sandy Lake Road from North Coppell Road to South Coppell Road, executed on April 21, 2006; and
authorizing the Mayor to sign and execute all necessary documents.
GOAL(S):
EXECUTIVE SUMMARY:
Approval will reject federal money currently allocated to the project. This will allow the City to save money on the
overall construction by building to City standards and expedite the construction time line.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
RECOMMENDED ACTION:
Staff recommends approval of this Amendment #1.
ACTION TAKEN BY COUNCIL:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
M - Franklin
S - Hinojosa- Flores
Vote - 7 -0
1# Sandy Lake withdraw contract
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: June 14, 2011
RE: Consider approval of Advanced Funding Agreement Amendment #1
between the State of Texas, acting through the Texas Department of
Transporation (TxDOT), and the City of Coppell to terminate the
original agreement for the widening of Sandy Lake Road from North
Coppell Road to South Coppell Road, executed on April 21, 2006; and
authorizing the Mayor to sign and execute all necessary documents.
On February 28, 2006, the City of Coppell approved a Local Transportation Project
Advanced Funding Agreement with the State of Texas concerning partial funding of the
section of Sandy Lake Road between North Coppell Road and South Coppell Road. The
State approved the funding on April 21, 2006. The amount of the contribution was
$1,000,000.00; however, the project itself was an 80/20 match so the effective funds to
the City of Coppell was $800,000.00. When a project has this type of funding, the actual
agency running the project is not the City of Coppell. In this case, it is TxDOT.
The City began working with TxDOT in 2006 concerning the design of the project.
Approximately 3 years ago, issues were raised concerning the City's ability to dedicate
right of way from Thweat Park for the expansion of Sandy Lake Road. After years of
discussion, it was determined that Thweat Park was a significant portion of the City's
park system. Therefore, right of way could not be dedicated from the park for the
roadway expansion without going through an extensive environmental permitting
process, which also would include a no impact option. During the period of time trying
to ascertain our ability to dedicate right of way at Thweat Park, it is our understanding
federal guidelines have also changed concerning the design of these types of roadways.
We have been informed that the street section will need to be wider than currently
designed by TxDOT, which will create additional delay for redesign of the project.
The City did meet with TxDOT representatives in late 2010 to discuss the status of the
project and the future costs that would be incurred on the project. Taken all available
information into account, a cost comparison was generated to determine if staying the
course with the $800,000.00 of federal funding was the appropriate action.
1
Based on the best available information at this time, it appears that proceeding with the
project with federal funding will not only result in a more expensive project but will also
result in a longer time frame to start the project. As recently as April 4, 2011, I was
notified by TxDOT that an additional $81,259.00 would be deducted from the available
funds per an obligation limitation under the SAFETEA -LU authorization bill. Taken all
information into account, it appears that the City project could have an overall savings of
over $300,000.00 and could construction of the project by several years if it is
constructed as a city project.
Council may recall that the initial funding was initiated through the office of
Congressman Kenny Marchant. I have attempted several times to make contact with
Congressman Marchant's aide to discuss this project. To date, he and I have been
unsuccessful in making contact.
Considering all factors, staff recommends the approval of the Advanced Funding
Agreement Amendment #1, which in effect would terminate the original Advanced
Funding Agreement. If this is approved, the City of Coppell would still need to issue a
check to TxDOT for services rendered. That check would be in the amount of
approximately $100,000.00. As seen on the attached cost comparison, TxDOT has spent
approximately $107,045.00 to date; however, the City of Coppell has only paid in
$9,594.00.
Staff recommends approval and will be available to answer any questions at the Council
meeting.
2
Sandy Lake between North Coppell and South Coppell Road
Save about $330,000 by reverting back to City standards and start
construction about 1.5 to 2 years sooner
Created 3/9/2011
Revised 6/3/2011
Continue with
Revert back to
Federal Funding
City standards
bid 2014
bid 2012
$
1,000,000
Federal Funding
$
-
$
200 000
City 20% share
$
-
$
800,000
$
-
$
(147,600)
Cost to redesign project to
$
(147,600)
Federal standards
$
652,400
$
147,600
$
(107,045)
TxDOT costs, to date, for
$
(107,045)
review and oversight
$
545,355
$
254,645
$
9,594
Money already paid to
$
9,594
TxDOT
$
554,949
$
245,051
$
-
Scope change to revert back
$
(70,000)
to City standards
$
554,949
$
315,051
$
(120,000)
Scope changes for
$
-
environmental permit
$
434,949
$
315,051
$
(20,000)
Estimated additional
$
-
TxDOT charges
$
414,949
$
315,051
$
(22,000)
Estimated environmental
$
-
consultant fee
$
392,949
$
315,051
$
(81,259)
Additional Congressional
$
-
reduction
$
311,690
$
315,051
$
(4,517,900)
Estimated construction cost
$
-
to Federal standards
$
-
Estimated construction cost
$
(3,563,500)
to City standards
$
(4,206,210)
Total estimated cost
$
(3,878,551)
Save about $330,000 by reverting back to City standards and start
construction about 1.5 to 2 years sooner
Created 3/9/2011
Revised 6/3/2011
(6/3/2011) Ken Griffin -Re: Fwd: Amendment #1 -Termination CSJ: 0918 -45 -773
From: "Wes McClure" <Wes.McClure @txdot.gov>
To: "Ken Griffin" <kgriffin @coppelltx.gov>
CC: "Kelly Davis" <Kelly.Davis @txdot.gov>
Date: 5/31/2011 11:28 AM
Subject: Re: Fwd: Amendment #1 - Termination CSJ: 0918 -45 -773
Ken,
This figure was intended to be an approximation. We don't run a final figure until formal termination or
closeout.
Kelly Davis handles closeouts for the District but unfortunately she is on vacation this week. I can ask her
to review next week when she returns but given our process she will not be able to provide a final figure
until formal termination is complete.
I will say that the total charges I see in our system now is $107,045.89. This $6,000 increase may be due
to some final billings by a consultant who was working on the 4f study.
Wes
>>> "Ken Griffin" <kgriffin @coppelltx.gov> 5/31/2011 10:35 AM >>>
Wes
I'm preparing the Agenda Item for our June 14th Council meeting to terminate the Advanced Funding
Agreement. Per your 1/27/2011 email, we will owe $91,563.47 (101,157.71 - 9,594.24) after the
termination. Is this still the final accounting costs?
Thanks for your help,
Ken Griffin, P.E.
>>> "Wes McClure" <Wes.IVlcClure @txdot.gov> 5/2/2011 2:51 PM >>>
Good Afternoon Ken,
I had the attached termination drafted for Sandy Lake Rd. If the City supports termination at this time
please print two copies and have them signed by the Mayor and return to me. We will then have the
amendment executed and complete closeout.
My mailing address is as follows:
Texas Dept. of Transportation
Attn: Wes McClure
4777 E. Highway 80
Mesquite, TX 75150 -6643
Please contact me with any questions you may have.
Wes
Wesley G. McClure, P.E.
Dallas District Programming Engineer
TxDOT Dallas District
(214) 320 -4461
>>> Annette Cuevas 5/2/2011 2:39 PM >>>
Wes,
Seite 1
(6/3/2011) Ken Griffin- Re: Fwd: Amendment #1 - Termination CSJ: 0918 -45 -773 Seite 2
The attached termination amendment has been approved for partial execution.
Thank You,
Annette
-----------------------
-----------------------
Buckle up!
Safety belts and child safety seats save lives prevent injuries
and can also keep you from getting a ticket. Click it or Ticket.
www.txdot.gov/safety/clickit.htm
-----------------------
-----------------------
Buckle up!
Safety belts and child safety seats save lives prevent injuries
and can also keep you from getting a ticket. Click it or Ticket.
www.txdot.gov/safety/clickit.htm
Ken Griffin - Re: CSJ: 0918 -45 -773, Sandy Lake Rd., City of Coppell (City project # ST 99 -02 B1)
From: Ken Griffin
To: Ali Taheri; Keith Marvin; Wes McClure
Date: 5/31/2011 1:54 PM
Subject: Re: CSJ: 0918 -45 -773, Sandy Lake Rd., City of Coppell (City project # ST 99 -02 B 1)
Wes
I'm trying to determine how the amount was reduced from $801,180 to $719,921, a difference of $81,259 or 10.14 %.
If it is funded at 80 %, wouldn't the amount be $640,000 (800,000 * .80)? I'm just trying to update my comparison
chart between state and city construction.
Thanks
Ken Griffin, P.E.
>>> "Wes McClure" <Wes.McClure @txdot.gov> 4/4/2011 2:59 PM >>>
Hello Ken,
I don't recall the discussion of 2012 vs 2014 but the project is listed in the TIP for FY 2012 and TxDOT tries to
advance projects according to NCTCOG's schedule.
We have another issue related to the Congressional Demonstration funds that you need to know about. The funds are
under an obligation limitation per SAFETEA -LU Authorization bill and subsequent appropriations acts that
effectively limit the funds to 80% of the total funds authorized. The reduction would be from $801,180 to
$719,921.00 according to our records.
Wes
Wesley G. McClure, P.E.
Dallas District Programming Engineer
TxDOT Dallas District
(214) 320 -4461
>>> "Ken Griffin" <kgriffin @coppelltx.gov> 4/4/20112:33 PM >>>
Ali
At the December meeting, it was stated that the earliest that the project could be bid was January 2014, not 2012. The
2014 date is one of the items that the city is considering as we discuss how to proceed. The City Manager's office and
the City Council have been briefed on this project.
We are currently in the process of making contact with Congressman Kenny Marchant to discuss this project. Once
that meeting takes place we will be in touch with you to discuss the funding on the project. However, it would be
helpful if prior to our meeting with Congressman Marchant if we could have a clarification on when the project is set
to go to bid by TxDOT. Is it 2012 or 2014?
Thank You,
Ken Griffin, P. E.
Director of Engineering and Public Works
>>> "Ali Taheri" <Ali.Taheri @txdot.gov> 4/4/2011 9:51 AM >>>
Gentlemen,
It is while since our last meeting here in our District office (December 16, 2010 to be exact). This project is partially
funded by Federal Fund. In that meeting Ken Griffin express his desire to put the project on hold further notice, so he
can discuss the mater with City Mgr and get back to us. after X -mass holiday.
This Project is scheduled to be let on January 2012, and is seriously behind schedule. As Wes mentioned in our Dec.
16th meeting, if the City wants to build the project totally with the City funding verses with Fed. contribution, then we
need to have an official letter from the City to express so.
I would appreciate your quick response.
If you have any questions or comments don't hesitate to e -mail or call
me at the number below.
Ali Taheri, RE
Dallas Dist Project Delivery Office
4777 E. Highway 80
Mesquite, Texas 75150
(214)319 -6566 (Tel.)
(214)320- 4408(FAX)
e -mail: ali.taheri @txdot.gov
Please use caution when driving through work zones. Find more information
about work zone safety at www.txdot.gov /safety /tips /Work_zones.htm
Please use caution when driving through work zones.
Find more information about work zone safety at
www.txdot.gov/safety/tips/Work—zones.htm
P.O. BOX 6868 • FORT WORTH, TEXAS 76115 -0868 • (817) 370 -6500
July 18, 20111
Sandy Lake Rd from N. Coppell Road to S. Coppell Road
CSJ: 0918 -45 -773
Project: HP 2007(193)
Mr. Douglas Stover
Mayor
City of Coppell
P.O. Box 9478
Coppell, Texas 75019
Dear Mr. Stover:
Attached for your files, is one fully executed original of the Advance funding Agreement
between the City of Coppell and the State for the above referenced project.
If you have any questions related to the termination of this project, please contact Mr. Wes
McClure, P.E., Dallas District Programming Engineer.
Y,
Ailette Cuevas(
North Region Support Center
Contract Mgmt Office
Enclosures
cc: Mr. Ken Griffin, City of Coppell
Mr. Wes McClure, P.E., 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
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ #0918 -45 -773
District # 18 - Dallas
Code Chart 64 # 09700
Project: From N Coppell Road
to S Coppell Road
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ADVANCE FUNDING AGREEMENT
AMENDMENT #1
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the State, and the City of Coppell, acting by and through its duly
authorized officials, called the Local Government,
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on the 21St of April 2006 to
effectuate their agreement to develop and construct the widening of Sandy Lake Road from N
Coppell Road To S Coppell Road to a four lane divided roadway in the City of Coppell; and,
WHEREAS, the Local Government has requested that this Project be withdrawn and terminated;
WHEREAS, it has become necessary to terminate that contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, the State and the Local Government do agree as follows:
AGREEMENT
1. Description of Amended Items
The original agreement, executed on April 21, 2006, is terminated in its entirety.
2. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
ACA ACA A-,,-,4 0,.,. ,. 1 .,c 7 0—.,;--,4 !lA 100 N a
CSJ #0918 -45 -773
District # 18 - Dallas
Code Chart 64 # 09700
Project: From N Coppell Road
to S Coppell Road
Federal Highway Administration
CFDA # 20.205
Not Research and Development
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
r
THE LOC►L OVERN ENT
Signature
L�QAA LA s it S-rt)vr (L
Typed or Printed Name
M IN, -4 o (L
Title
J \F IaT7�t�
Date
THE STATE OF TEXAS
nice Mullenix
Director of Contract Services
Texas Department of Transportation
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