ST9902-AG060228T H` ` 1 T T C c DEPT: Engineering
AtENDA REQUEST FORM COPPELL
* * DATE: February 28, 2006
r o
ITEM #: 10 /C
ITEM CAPTION
Consider approval of a resolution authorizing the City of Coppell to enter into a Local Transportation Project
Advance Funding Agreement with the State of Texas, acting by and through the Texas Department of
Transportation, and authorizing the Mayor to sign.
EXECUTIVE SUMMARY
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
Res.# 2006 - 0228.2
M - Peters
S - Tunnell
Vote - 7 -0
• Libby Ball
2006,03.0
3 15:0425
-06'00'
Approval of this agenda item will allow the city and the Texas Department of Transportation to proceed with the
implementation of the Local Transportation Project Advance Funding Agreement necessary to obtain partial
federal funding for the Sandy Lake Road project (from Coppell Road N to Coppell Road S)
Staff recommends approval and will be available for any questions at the Council meeting
FINANCIAL COMMENTS
Agenda Request Form - Revised 09/04
6f �A� eit, zp-� , tgA- .
Document Name: #Sandy Lake Funding
MEMORANDUM
TO: Mayor and City Council
FROM: Ken Griffin, P.E., Director of Engineenng/Public Works
DATE: February 28, 2006
REF: Consider approval of a resolution authorizing the City of Coppell to enter into a Local
Transportation Project Advance Funding Agreement with the State of Texas, acting by
and through the Texas Department of Transportation, and authorizing the Mayor to sign.
In 2005, three projects were approved for partial federal funding through the Transportation Equity Act
for the 21" Century. Freeport Parkway (SH 121 to Sandy Lake Road) and Freeport Parkway (Sandy
Lake Road to Ruby Road) were approved for funding through the Surface Transportation Program -
Metropolitan Mobility, and Sandy Lake Road (Coppell Road N. to Denton Tap Road) was approved
for funding through the Category 10 - Miscellaneous Program. The Texas Department of
Transportation (TxDOT) is responsible for the implementation of the federal projects and requested the
city to adopt the Master Agreement that established the general terms and conditions for projects
developed through federally funded programs. The Master Agreement was approved by the City
Council on December 8, 2005 and became effective when signed by TxDOT on January 6, 2006
The city is eligible to receive $800,000 through the Category 10 - Miscellaneous Program funding.
This is a fixed amount based on a project budget of $1,000,000 with 80% federal participation. The
estimated project cost of Sandy Lake Road (Coppell Road N. to Denton Tap Road) is closer to
$5,500,000 The city has concerns about the entire project having to be administered according to
federal guidelines when the federal participation would be less than 15 %. There are many increased
costs to a project when using federal funds, including the design, environmental study, and TxDOT
plan review. The city requested TxDOT to revise the limits of the project to a section with an
estimated project cost of $1,000,000 and suggested the section from Coppell Road N. to Coppell Road
S TxDOT agreed and revised the limits. The remaining section of Sandy Lake Road will now be
designed and constructed in two phases: 1) Coppell Road N. to Coppell Road S. with partial federal
funding, and 2) Coppell Road S. to Denton Tap Road without federal funding.
TxDOT has prepared a Local Transportation Project Advance Funding Agreement ( LPAFA) for each
of the three projects. The LPAFA provides for the development of the specific project by identifying
each party's responsibilities and establishing the estimated project budget and the federal and city
participation amounts. No action is being taken on the two Freeport Parkway projects at this time. We
are still holding out hope that those projects will be "de- federalized ". However, the city is ready to
implement the LPAFA for Sandy Lake Road (Coppell Road N. to Coppell Road S ). Under the terms
of the Agreement, the city is 100% responsible for land rights and utility relocation costs. There will
be 80% federal / 20% city participation for the environmental study, preparation of plans and
specifications, and construction. After approval of this agreement, the first step will be to amend our
contract with the consultant to 'redesign' Sandy Lake Rd. (from Coppell Rd. North to Coppell Rd.
South) as a federal project.
With the agenda item, a copy of the Local Transportation Project Advance Funding Agreement is
provided. Staff recommends approval of the resolution authorizing the City to enter into a Local
Transportation Project Advance Funding Agreement with the State of Texas acting by and through the
Texas Department of Transportation and will be available to answer any questions at the Council
meeting.
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ 0918 -45 -773
District #18
Code Chart 64# 09700
Sandy Lake Road From N
Coppell Road to S Coppell Road
Dallas County
Funding Cat: 10 /Misc
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For a Category 10- Miscellaneous Project
(Off State System)
THIS Local Project Advance Funding Agreement (LPAFA) 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, a Master Agreement between the Local Government and the State has been adopted
and states the general terms and conditions for transportation projects developed through this
LPAFA, and,
WHEREAS, the Texas Transportation Commission passed Minute Order 110266 that provides for
the development of, and funding for, the project describe herein, and,
WHEREAS, the Governing Body of th Local Government has approved entering into this LPAFA by
resolution or ordinance dated Z9 b-b\o , which is attached hereto and made a part hereof
as Attachment A for development of & e specific project which is identified in the location map shown
as Attachment B.
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, it is
agreed as follows.
AGREEMENT
1 The period of this LPAFA is as stated in the Master Agreement, without exception
2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement,
without exception
3 Amendments to this LPAFA shall be made as described in the Master Agreement, without
exception
4. Scope of Work.
The scope of work for this LPAFA is described as the development and construction for 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.
5 Right of Way and Real Property shall be the responsibility of the Local Government, as stated in
the Master Agreement, without exception
AFA — LPAFA Mys Page 1 of 7 Revised 2/2/06
CSJ 0918 -45 -773
District #18
Code Chart 64# 09700
Sandy Lake Road From N
Coppell Road to S Coppell Road
Dallas County
6 Adjustment of utilities will be provided by the Local Government as required and as stated in the
Master Agreement without exception.
7 Environmental Assessment and Mitigation will be carried out by the State as stated in the Master
Agreement, without exception
8 Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception.
9 Architectural and Engineering Services will be provided by the Local Government. The Local
Government is responsible for performance of any required architectural or preliminary
engineering work. The design shall conform to AASHTO design policies and current State
standard specifications will be used The State shall review and comment on the work as
required to accomplish the public purposes of the State The Local Government will cooperate
fully with the State in accomplishing these local public purposes to the degree permitted by State
and Federal law
10 Construction Responsibilities will be carried out by the Local Government.
11 Project Maintenance will be undertaken as provided for in the Master Agreement, without
exception
12 Local Project Sources and Uses of Funds
a. Project Cost Estimate- A Project Cost Estimate is provided in Attachment C Any work done
prior to federal authorization will not be eligible for reimbursement. It is the Local
Government's responsibility to verify with the State that the Federal Letter of Authority has
been issued for the work covered by this Agreement.
b A Source of Funds estimate is also provided in Attachment C Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources
c The Local Government is responsible for all non - federal and non -state funding, including all
project cost overruns, unless provided for through amendment of this agreement.
d Prior to the performance of any engineering review work by the State, the Local Government
will pay to the State the amount specified in Attachment C. At a minimum, this amount shall
equal the Local Government's funding share for the estimated cost of State review of
preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt
of the construction bids, the Local Government shall remit its remaining financial share for the
State's estimated construction oversight costs.
e In the event that the State determines that additional funding by the Local Government is
required at any time during the Project, the State will notify the Local Government in writing
The Local Government shall make payment to the State within thirty (30) days from receipt of
the State's written notification.
f 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.
AFA — LPAFA OffSys Page 2 of 7 Revised 2/2/06
CSJ' 0918 -45 -773
District #18
Code Chart 64# 09700
Sandy Lake Road From N
Coppell Road to S Coppell Road
Dallas County
g If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or replats, result in increased costs,
then any increased costs associated with the ordinances or changes will be paid by the local
government. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities
h 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.
13 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 Government creates the documents
with its own forces or by hiring a consultant or professional provider.
14 Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing
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
15 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.
16 Signatory Warranty The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalf of the party represented
AFA — LPAFA Mys Page 3 of 7 Revised 2/2/06
CSJ 0918 -45 -773
District #18
Code Chart 64# 09700
Sandy Lake Road From N
Coppell Road to S Coppell Road
Dallas County
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOV MENT
THE CITY OF CO E L
By
Dougla V
City of Coppell
Date 9- 28-- Q (o
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 ap"ved and authorized by the Texas Transportation Commission
tanice Mullenix07 V 01
Director of Contract Services Section
Office of General Counsel
Texas Department of Transportation
AFA — LPAFA Mys Page 4 of 7 Revised 2/2/06
CSJ 0918 -45 -773
District #18
Code Chart 64# 09700
Sandy Lake Road From N
Coppell Road to S Coppell Road
Dallas County
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
AFA — LPAFA OffSys Page 5 of 7 Revised 2/2/06
RESOLUTION OF THE CITY OF COPPELL
RESOLUTION NO. 0(,,— GZ�c�.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, AUTHORIZING THE CITY OF COPPELL TO ENTER INTO A LOCAL
TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT WITH THE
STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION, FOR THE PARTIAL FEDERAL FLNDING OF SANDY LAKE
ROAD ( COPPELL ROAD N. TO COPPELL ROAD S.); 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 authorizes the Mayor to enter into a Local
Transportation Project Advance Funding Agreement with the State of Texas acting by and through
the Texas Department of Transportation, for the partial federal funding of Sandy Lake Road
(Coppell Road N to Coppell Road S )
SECTION 2. That this resolution shall take effect immediately from and after its adoption
and it is so resolved
DULY PASSED and appro� ed by the City Council of the City of Coppell, Texas on
this the E�ay of 12006
CITY O
DOUGLAS N `STOVER, MAYOR
ATTEST
LIBBY B L CITY SECRETARY
APPRO%�
ROBFRT HAGEW, VITY ATTORNEY
Attachment C
Description
CSJ 0918 -45 -773
District #18
Code Chart 64# 09700
Sandy Lake Road From f4 Coppell Road to S Coppell Road
Dallas County
ATTACHMENT C
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
Land (no cash contribution)
Utilities (no cash contribution)
Environmental Cost (no cash
contribution)
Preliminary Engineering - State Review
Plans, Specs & Estimate (PS &E)
Construction
Engineering & Contingency (State
oversight — 2 %)
Total
1 st payment due prior to
PS &E review by state
2nd payment due 60 days
j prior to project letting
Total Participation required from the local government =
AFA — LPAFA Off Sys Page 7of7
$200,000.00
Revised 212(06
$3,35294
CSJ: 0918 -45 -773
Project Budget
--
Total Estimated
Federal
State
Local Participation
Cost
--Participation
Participation
Actual
o
100 /o
Fixed
0011/0
200%
Participation
$000
- -_ $0 )
$000
$000--
$000
--$000--.
$000
$000
$000
$000
$35,00000
$28,00000
$000
$7,00000
$7,00000
$10,00000
$8,00000
$0()o
$2'00
$20' 0000
$20 00000
$100,00000
$80,000 00
$000
$000
$167,64706
$167,64706
$838,23529
$670,58823
$16,76471
$13,411 77
$000
$3,35294
$3,35294
$800,00000
$000
$200,00000
$200,00000
$1,000,000 00
Fixed
$9,000 00
Total Participation required from the local government =
AFA — LPAFA Off Sys Page 7of7
$200,000.00
Revised 212(06
$3,35294
Ami*
,Texas Department of Transportation
May 1, 2006
CSJ: 0918 -45 -773
Sandy Lake Road: From N Coppell Road
To S Coppell Road
Dallas County
Local Transportation Project Advance Funding Agreement
Ms. Suzan C. Taylor
CIP Coordinator
Engineering Department
City of Coppell
PO Box 9478
Coppell, TX 75019
Dear Ms Taylor:
Please find attached, one (1) fully executed original Local Transportation Project
Advance Funding Agreement for the above referenced project for your files and
use.
If you have any questions, please contact Angela Green at 214 - 320 -4432.
Attachment
AMG
cc: NWAO
Contracts
Sincerely, _
Moosa Saghian, P.E.
Director of Contract Administration
Dallas District
An Equal Opportunity Employer
Suzan T r -Re: LPAFA Page 1
Q,,,�C444iti �D' L P QF A
From:
"Angela Green" <AGREEN@dot.state.tx.us>
To:
<staylor@ci.coppell.bc. us>
Date:
3/13/2006 132:42 PM
Subject:
Re. LPAFA
Suzan,
I have attached the revised Sandy Lake LPAFA. I have also highlighted
in yellow the section that was added. As you can see, it is very minor,
so if Coppell is like everyone else, you probably won't need to go to
council again. But, if you'll print out two originals, obtain
signatures, attach the resolution and project map and send both
originals back to me for further processing, I'll get them in ASAP
(before another change takes effect!)
Thank you and sorry again for the inconvenience. Also, the other two
Freeport agreements will follow
Angela
>>> "Suzan Taylor" <staylor@ci.coppell.tx.us> 3/13/2006 8:50:58 AM >>>
Angela:
Will you be sending me the revised agreements - if the change is not
too substantial we can have them resigned without going to council.
Suzan
>>> "Angela Green" <AGREEN @dot. state. tx.us> 3/13/2006 8:33 AM >>>
Suzan,
You can send them to me. However, we have had some changes to our
LPAFA standard language in February and Austin is requiring that they
be
in aN agreements or they will not sign them So, unfortunately, we
will have to modify the agreements and have them re- signed Sorry for
the inconvenience.
Angela
>>> "Suzan Taylor" <staylorci ci.coppell.tx.us> 3/10/2006 1:27:26 PM >>>
Angela:
I have the executed LAPFA for the Sandy Lake project with the required
attachments. We have not taken any action on the Freeport Parkway
projects yet. Can I get the name and address of the person to whom I
need to send the agreement. I am not sure if it is Maurcie, Moosa, or
you.
Thanks
Suzan Taylor
972 -304 -7019
CC: " Moosa Saghian" <MSAGHIAc@dot.state.ix.us>
�-rt- aQ - o Z F3--
CSJ 0918 -45 -773
District #18
Code Chart 64# 09700
Sandy Lake Road, From N
Coppell Road to S Coppell Road
Dallas County
6 Adjustment of utilities will be provided by the Local Government as required and as stated in the
Master Agreement without exception
7 Environmental Assessment and Mitigation will be carried out by the State as stated in the Master
Agreement, without exception
8 Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception
9 Architectural and Engineering Services will be provided by the Local Government. The Local
Government is responsible for performance of any required architectural or preliminary
engineering work. The design shall conform to AASHTO design policies and current State
standard specifications will be used The State shall review and comment on the work as
required to accomplish the public purposes of the State The Local Government will cooperate
fully with the State in accomplishing these local public purposes to the degree permitted by State
and Federal law
10. Construction Responsibilities will be carried out by the Local Government.
11. Project Maintenance will be undertaken as provided for in the Master Agreement, without
exception
12 Local Project Sources and Uses of Funds
a. Project Cost Estimate, A Project Cost Estimate is provided in Attachment C Any work done
prior to federal authorization will not be eligible for reimbursement. It is the Local
Government's responsibility to verify with the State that the Federal Letter of Authority has
been issued for the work covered by this Agreement.
b A Source of Funds estimate is also provided in Attachment C Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. The Local Government is responsible for all non - federal and non -state funding, including all
project cost overruns, unless provided for through amendment of this agreement.
` d. Prior to the performance of any engineering review work by the State, the Local Government
will pay to the State the amount specified in Attachment C At a minimum, this amount shall
equal the Local Government's funding share for the estimated cost of State review of
preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt
of the construction bids, the Local Government shall remit its remaining financial share for the
State's estimated construction oversight costs.
e In the event that the State determines that additional funding by the Local Government is
required at any time during the Project, the State will notify the Local Government in writing.
The Local Government shall make payment to the State within thirty (30) days from receipt of
the State's written notification
f. Whenever funds are paid by the Local Government to the State under this Agreement, the
Local Government shah 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
appled by the State to the Project. If, after final Project accounting, excess funds remain in
the escrow account, those funds may be appNed by the State to the Local Government's
cowl obligations to the State under another advance funding agreement.
AFA — LPAFA OffSys Page 2 of 7 Revised 2/2/06
Suzan Taylor - Re: LPAFA Page 1
From: "Angela Green" <AGREEN @dot.state.tx.us>
To: <staylor @ci.coppell.tx.us>
Date: 3/13/2006 831.04 AM
Subject: Re: LPAFA
Suzan,
You can send them to me. However, we have had some changes to our
LPAFA standard language in February and Austin is requiring that they be
in all agreements or they will not sign them. So, unfortunately, we
will have to modify the agreements and have them re- signed Sorry for
the inconvenience.
Angela
>>> "Suzan Taylor" <staylor @ci.coppell.tx.us> 3/10/2006 1:27:26 PM >>>
Angela:
I have the executed LAPFA for the Sandy Lake project with the required
attachments. We have not taken any action on the Freeport Parkway
projects yet. Can I get the name and address of the person to whom I
need to send the agreement. I am not sure if it is Maurcie, Moosa, or
you.
Thanks
Suzan Taylor
972 -304 -7019
CC: "Moosa Saghian" <MSAGHIA@dot.state.tx.us >, "Maurice Pittman"
<2143172423@messaging. nextel. com>