ST0502A-CS160112Texas Department
4777 US Highway 80 East • Mesquite,
December 21, 2015
Mr. Michael Garza, P.E.
Assistant Director of Engineering
City of Coppell
255 Parkway Boulevard
Coppell, Texas 75019
RE: Amendment #1
CSJ: 0918-45-867; 0918-45-868
Project: Freeport Parkway
Limits: From SH 121 to Sandy Lake Road
RTR SH 121 Funded Project
Off System
Dear Mr. Garza,
of Transportation
Texas 75150-6643 • (214) 320-6100
Enclosed, for your use, is a fully executed original Amendment #I of the Local Project Advance
Funding Agreement between the Texas Department of Transportation and the City of Coppell for
the above-mentioned project.
The District is in the process of transferring RTR SH 121 Subaccount Funds in the amount of
$1,316,354, o the City of Coppell using the State Comptroller's direct deposit information on file at
the District. Confirmation of the transfer of funds will be emailed to you.
If you have any questions, please contact Polita Flemming at 214-320-4424.
Mohamed K. Bur, P.E. C/
Director of Transportation Planning and
Dallas District
Enclosure
CC: Tamelia Spillman — District Advanced Transportation Planning
Project File
I OUR GOALS i
MAINTAIN A SAFE SYSTEM • ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY
An Equal Opportunity Employer
CSJ #: 0918-45-867 - Freeport Parkway from SH 121 to Sandy Lake Road
CSJ #: 0918-45-868 - Freeport Parkway from Sandy Lake Road to Ruby Road
District # 18 - Dallas
Code Chart 64 # 09700
Funding Category: RTR (SH 121 Subaccount Fund)
STATE OF TEXAS §
COUNTY OF TRAVIS §
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 August 18, 2010 to effectuate their
agreement to allocate funds from the SH 121 Subaccount for CSJ 0918-45-867 to construct a six (6) lane
facility on Freeport Parkway from SH 121 to Sandy Lake Road and for CSJ 0918-45-868 to widen from a two
(2) lane facility to a four (4) lane facility on Freeport Parkway from Sandy Lake Road to Ruby Road; and
WHEREAS, the Local Government has requested money from the SH 121 Subaccount to widen
Freeport Parkway from Sandy Lake Road to Ruby Road from a two (2) lane facility to a four (4) lane facility
(CSJ 0918-45-868) (Project); the RTC has selected the Project to be funded from the SH 121 Subaccount; and
the Commission concurred in the selection and, authorized the expenditure of money in Minute Order 114330
dated June 30, 2015; and
WHEREAS, it has become necessary to amend that contract to increase SH 121 Subaccount funds for CSJ
0918-45-868; and
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
A. Article 2. Project Funding of the original contract (CSJ 0918-45-867 and CSJ 0918-45-868) is
deleted in its entirety and replaced with:
Article 2. Project Funding
The State will pay money to the Local Government from the SH 121 Subaccount in the amount
specified in Attachment A, Payment Provision and Work Responsibilities. Except as provided in
the next succeeding sentence, the payments will begin no later than upon the later of the
following: (1) fifteen days after the Legislative Budget Board and the Governor each approve
the expenditure, in accordance with Rider 28 of the Texas Department of Transportation bill
pattern in Senate Bill 1, 83rd Legislature; and (2) thirty days after execution of this Agreement.
If Attachment A shows that the RTC has allocated payments to the Local Government for a
certain expenditure (e.g. construction) for the Project in a certain fiscal year, then the State will
make the payment from the SH 121 Subaccount to the Local Government for such expenditure
no later than 30 days after the beginning of the designated Fiscal Year. A Fiscal Year begins on
September 1 (for example, the 2014 Fiscal Year began September 1, 2013).
AFA—AFA_Amend Page 1 of 3 Revised 09/18/14
CSJ #: 0918-45-867 - Freeport Parkway from SH 121 to Sandy Lake Road
CSJ #: 0918-45-868 -Freeport Parkway from Sandy Lake Road to Ruby Road
District # 18 - Dallas
Code Chart 64 # 09700
Funding Category: RTR (SH 121 Subaccount Fund)
B. Article 10. Utilities of the original contract (CSJ 0918-45-867 and CSJ 0918-45-868) is deleted in
its entirety and replaced with:
Article 10. Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of utility
facilities in accordance with State laws and regulations and local laws, regulations, rules,
policies, and procedures applicable to the Local Government. The Local Government must
obtain advance approval for any variance from established procedures. The RTC -approved
costs for utilities as shown in Attachment A, if any, shall be used to adjust, remove, or relocate
utility facilities.
C. Article 11. Compliance with Laws, Environmental Review and Public Involvement of the
original contract (CSJ 0918-45-867 and CSJ 0918-45-868) is deleted in its entirety and replaced
with:
Article 11. Compliance with Laws, Environmental Review and Public Involvement
Each Party shall comply with all federal, state, and local laws, statues, ordinances, rules and
regulations, and the orders and decrees of any courts, administrative bodies or tribunals
affecting the performance of this Agreement as applicable to it. When required, the Local
Government shall furnish the State with satisfactory proof of compliance. As provided in 43
TAC 2.3(b) (1) (A), the State's environmental review requirements do not apply to the Project
because the State is funding the Project solely with money held in a project subaccount created
under Transportation Code, Section 228.012. However, the Local Government shall ensure that
the project complies with all environmental review and public involvement requirements
applicable to the Local Government under State and federal law in connection with the Project.
The Local Government shall obtain the opinion of legal counsel showing the Local
Government's environmental review and public involvement for the Project complies with state
law and regulations, and with local laws, regulations, rules, policies, and procedures applicable
to the Local Government. The Local Government shall maintain a copy of the certification in the
project files.
D. Article 18. Notices of the original agreement (CSJ 0918-45-867 and CSJ 0918-45-868) is deleted
in its entirety and replaced with:
Article 18. 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:
City of Coppell
Attention: City Engineer
P.O. Box 9478
Coppell, Texas 75019
State:
Texas Department of Transportation
Attention: Director of Contract Services
125 East 11'h Street
Austin, Texas 78701
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.
AFA—AFA—Amend Page 2 of 3 Revised 09/18/14
CSJ #: 0918-45-867 - Freeport Parkway from SH 121 to Sandy Lake Road
CSJ #: 0918-45-868 -Freeport Parkway from Sandy Lake Road to Ruby Road
District # 18 - Dallas
Code Chart 64 # 09700
Funding Category: RTR (SH 121 Subaccount Fund)
E. Article 25. Termination of the original agreement (CSJ 0918-45-867 and CSJ 0918-45-868) is
deleted in its entirety and replaced with:
Article 25. Termination
The Agreement may be terminated in the following manner:
a. By mutual written agreement and consent of both parties;
b. By either party upon the failure of the other party to fulfill the obligations set forth herein, after a 45 day
period to cure after receiving written notice of non-compliance;
C. By the State if the Local Government does not let the construction contract for the Project within one year
after the State first provides SH 121 Funds for construction as shown in Attachment A, Payment Provision
and Work Responsibilities;
d. By the State if the Local Government does not complete the Project within ten years after the effective
date of the Agreement.
F. Attachment A. Payment Provision and Work Responsibilities of the original contract (CSJ
0918-45-868) is deleted in its entirety, and replaced with:
Attachment A-1. Payment Provision and Work Responsibilities for CSJ 0918-45-868, which
is attached to and made part of this Agreement.
All other provisions of the original contract are unchanged and remain in full force and effect.
2. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of
the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT — CITY OF COPPELL
By: C-11- !�l.od!!n IV fz
Clay Pphllips
City Manager
Date: lO , 0?3 15-
THE
5
THE STATE OF TEXAS
.11) , , ". - (x
Thomas Marrs
Deputy Director of Contract Services
Texas Department of Transportation
Date:
/ 7
AFA—AFA_Amend Page 3 of 3 Revised 09/18/14
CSJ #: 0918-45-867 - Freeport Parkway from SH 121 to Sandy Lake Road
CSJ #: 0918-45-868 -Freeport Parkway from Sandy Lake Road to Ruby Road
District # 18 - Dallas
Code Chart 64 # 09700
Funding Category: RTR (SH 121 Subaccount Fund)
ATTACHMENT A-1
Payment Provision and Work Responsibilities
For CSJ# 0918-45-868, the State will pay $5,436,354 from SH 121 Subaccount for CSJ 0918-45-868 to widen
Freeport Parkway from Sandy Lake Road to Ruby Road from a two (2) lane facility to a four (4) lane facility in
the City of Coppell.
In accordance with the allocation of funds approved by the RTC, and concurred with by the Texas
Transportation Commission, the State will make the payments for the following work in the following Fiscal
Years:
The Local Government required Local Match is $1,359,089.
Upon completion of the Project, the Local Government will issue a signed "Notification of Completion"
document to the State. The notice shall certify that the Project has been completed, all necessary inspections
have been conducted, and the Project is open to traffic.
AFA—AFA_Amend Page 1 of 1 Revised 09/18/14
PROJECT COSTS
Description
Fiscal
Year
Total Estimate
Cost
Regional Toll
Revenue (RTR)
SH 121 Subaccount
Funds Participation
Local
Government
Participation
Preliminary Engineering
2009
$533,253
$426,602
$106,651
Right of Way
2009
$260,000
$208,000
$52,000
Construction
2009
$4,140,000
$3,312,000
$828,000
Right of Way
2015
$76,528
$61,222
$15,306
Construction
2015
$1,785,662
$1,428,530
$357,132
TOTAL
$6,795,443
$5,436,354
$1,359,089
The Local Government required Local Match is $1,359,089.
Upon completion of the Project, the Local Government will issue a signed "Notification of Completion"
document to the State. The notice shall certify that the Project has been completed, all necessary inspections
have been conducted, and the Project is open to traffic.
AFA—AFA_Amend Page 1 of 1 Revised 09/18/14