ST0502B-AG071112
c:5T 05--02- 13
THE.CITY.OF
DEPT: Engineering
DATE: November 12, 2007
ITEM #: 9/B
AGENDA REQUEST FORM
COPPELL
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D WORK SESSION
o CONSENT
D REGULAR
ITEM TYPE: CONTRACT IBID or PROPOSAL
ITEM CAPTION:
Consider approval of a Memorandum Of Understanding between the City of Coppel!, North Central Texas Council of
Governments and Texas Department of Transportation providing for the "de-federalization" of funding for the extension
of Freeport Parkway from West Sandy Lake Road to SH 121; and authorizing the City Manager to sign.
GOAL(S):
~
EXECUTIVE SUMMARY:
This MOU will provide for additional funding and de-federalization of Freeport Parkway.
FINANCIAL COMMENTS:
RECOMMENDED ACTION:
Staff recommends approval of the MOU with NCTCOG.
ACTION TAKEN BY COUNCIL:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
M - Peters
S - Franklin
Vote - 6-0
York absent
. Libby Ball
~ 2007.11.13
.. 15:39:04
.06'00'
I#MOU with NCTCOG / Freeport Pkwy
THE.CITY.OF
COPPELL
s
MEMORANDUM
TO:
Mayor and City Council
FROM:
Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE:
November 12, 2007
REF:
Consider approval of a Memorandum Of Understanding between the City of
CoppeR, North Central Texas Council of Governments and Texas Department
of Transportation providing for the "de-federalization" of funding for the
extension of Freeport Parkway from West Sandy Lake Road to SH 121; and
authorizing the City Manager to sign.
Approval of this Memorandum Of Understanding (MOU) will provide for the de-federalization
of the money that will be used to construct Freeport Parkway. However, before I begin,
here's a brief background that led us to this point.
On September 7, 2004, Council approved an MOU for State Highway 121 Funding Strategy.
The S.H. 121 Funding Strategy was brought about by TxDOT's position that all new and
proposed state highways undergo scrutiny to determine whether or not they would be better
served as toll roads, rather than freeways. The MOU approved by Council was ratified and
executed in March 2005. The section of SH 121 from northwest Coppell to IH 35E was built
last year and now operates as a tollway.
That 2005 MOD included a number of projects in communities around Coppell as well as the
one presented on the agenda tonight. Freeport Parkway from S.H. 121 to Sandy Lake Road
(our project number ST 05-02B) and Freeport Parkway from Sandy Lake Road to Ruby Road
(our project number ST 05-02A) are listed on the 2005 MOU to be "de-federalized" for
funding through North Central Texas Council of Governments.
Specifically for the City of Coppell, the 2005 MOU states that NCTCOG would agree to:
1) Fund $3.64 million toward construction of Freeport Parkway from S.H. 121 to Sandy Lake
Rd. This is a new roadway through property that is currently undeveloped.
2) Fund $3.368 million toward the widening of Freeport Parkway from Sandy Lake Rd. to
Ruby Rd. This is the widening of State Road from Sandy Lake Rd. to Wagon Wheel Park
from its current 2-lane asphalt to a 4-lane divided boulevard.
3) Work with TxDOT to expedite construction of the "Funnel" project on S.H. 121/S.H. 114.
This project impacts traffic flow along the western boundary of Coppell Road and has long
been a high priority of Coppell and Grapevine.
4) Work with TxDOT to ensure placement of a northbound exit ramp from S.H. 121 to serve
Sandy Lake Road. The main concern here is having an exit ramp in the general proximity
of Sandy Lake Road, not 9000 feet and several intersections south of Sandy Lake Road. A
byproduct of any ramp to serve Sandy Lake Road would be to protect the integrity of the
proposed diamond interchange at Freeport Parkway.
Now that the history lesson is complete, the remainder of this memo will discuss the current
MOD being presented to Council this evening. The MOD will accomplish two very distinct
tasks that are in Coppell's favor. One is the appropriation of additional money to the Freeport
Parkway project and the other is de-federalization of the funding.
Initially NCTCOG had committed $7,008,000 to the construction of Freeport Parkway from
Ruby Road to SH 121. The commitment was made in 2005 and since that time construction
prices have escalated. Based on this MOD, NCTCOG will be committing $9,193,886 to the
Freeport Parkway projects. This is an increase of $2,185,886 or approximately a 31 % increase
in funding.
While the increase in funds is greatly appreciated on this project, the flip side is that if the
share of the project increases, the City's 20% contribution also increases. Initially our 20%
was estimated at $1,752,000. If the most recent construction estimates are correct, the City's
20% share would be approximately $2,297,972.
The second item this MOD seeks to address is the "de-federalization" of the project. As
mentioned early in the history, funding was initially appropriated in 2005. However, because
it was a federal project, numerous conversations were held with NCTCOG concerning de-
federalizing the money. Early on the estimates provided to me by NCTCOG ranged from a
1 % to 3 % chance that the project would be de-federalized. In other words, there was a 97 %
chance that the project would stay federal. However, with the recent completion of the bid for
construction of the tollways, and the execution of various agreements by the NTTA concerning
additional funding to the region, NCTCOG can now say with almost certainty that the project
will be de-federalized and built as a local project.
This not only saves time but also money in the actual construction of the project. You may
notice on the front page of the MOD before you this evening, there is a DRAFT stamp. While
the MOD is not completely finalized, the city of Coppell has offered no objections or proposed
modifications to the basic document. NCTCOG has verbally stated that the final approval of
the MOD and all funding and de-federalization, etc. could be complete by the middle of
December 2007.
Staff recommends approval of the draft MOD between the city of Coppell, NCTCOG and the
state of Texas with flexibility provided to the Manager's office to accept minor modifications
to the MOD that may be presented by NCTCOG or state of Texas if any proposed
modifications do not change the funding or the intent of the Draft MOD.
Staff will be available to answer any questions at the Council meeting.
DRAFT
MEMORANDUM OF UNDERSTANDING
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 Coppel!. 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 $1,422,972local)*
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 offunding
$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 commitments 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).
Page 1 of2
II. COPPELL COMMITMENTS
Coppell will initiate the engineering phase for both projects in the NovemberlDecember 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. 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 (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
North Central Texas Council of Governments
Date
Michael Morris, P.E.
North Central Texas Council of Governments
Date
Jim Witt
City of Coppell
Date
William L. Hale
TxDOT Dallas District
Date
Page 2 of2
MEJ\'10RANDUM OF tTNDERST ANDING
S.H. 121 Funding Strategy
This memorandum of understanding (MOU) is a staff planning document that is intended to outline the
agreement regarding the S.H. 121 tollway funding strategy and is not intended to be a legally binding or
enforceable agreement. On March 25, 2004, the Texas Transportation Commission approved Minute Order
109615, which allows the Texas Department of Transportation (TxDOT) to issue bonds and other public
securities to fund state highway system improvements. Subsequently, TxDOT and the North Central Texas
Council of Govenunents (NCTCOG) recorrunended the construction of S.H. 121 as an electronic toll facility
from the southern end of the S.H. 121 Bypass at Denton Creek to the Dallas North Tollway (DNT). Denton
County, The Colony, Lewisville, CarroJ1ton, Coppell, Frisco, PIano, and Grapevine concur with the TxDOT
and NCTCOG recommendation. The impacted parties hereby do state their positions concerning the funding
strategy and, subject to the various conditions contained herein and approval of appropriate funding and
contractual documents, their intent to subsequently enter into binding agreements which will implement the
following basic terms. It is noted that all projects included below will go to bid as soon as the project is ready
for construction.
I. NEAR NEIGHBOR/NEAR TIMEFRAME POLICY
DENTON COUNTY
I.H. 35E: from President George Bush Turnpike (PGBT) to the Lake Lewisville Bridge
. Denton County Will contribute $57 rn.il1ion from TRJP-04, the Transportation Road Improvement
Program - 2004 from County Judge, Commissioner Precinct 1, and Commissioner Precinct 3 funds.
. TxDOT agrees to fund the remaining cost of Design, Right-of-Way (ROW), and Construction.
. TxDOT agrees to make every effort possible to open I.R 35E to traffic by 2011 or within seven years
of agreement on S.H. 121.
F.M. 720: from .2 Miles West of Garza Lane to .1 mile west of F.M. 423
. Denton County agrees to use $6 million in TRJP-04 funds to provide the Environmental Assessment
(EA), Schematic, PS&E, and 10% of ROW costs from Commissioner Precinct I funds with
remaining funds committed to the cost of construction.
. TxDOT/NCTCOG agree to fund 90% of ROW and the remaining cost to construct F.M. 720.
. TxDOT/NCTCOG agree to make every effort possible to open F.M. 720 to traffic by 2008.
F.M. 423: from S.H. 121 to U.S. 380
. Denton County will provide the EA, Schematic, and PS&E for F.M. 423 from Stewarts Creek Road to
U.S. 380 from Commissioner Precinct 1 funds. Denton County will also pay 10% of ROW for this
segment with $3.5 million in TRlP-04 funds with remaining funds conunitted to the cost of
construction.
. TxDOT/NCTCOG agree to fund remaining cost of construction for F.M. 423 from Stewarts Creek to
U.S. 380.
. Denton County agrees to fund 100% of the cost of the EA, Schematic, and PS&E for F.M. 423 from
S.H. 121 to Stewarts Creek Road.
. Denton County agrees to fund 10% of ROW for F.M. 423 from S.H. 121 to Stewarts Creek Road from
Commissioner Precinct 2 funds.
. TxDOT/NCTCOG agree to fund 90% of ROW for F.M. 423 from S.H. 121 to U.S. 380.
. TxDOT /NCTCOG agree to fund 100% of construction for F.M. 423 from S.H. 121 to Stewarts Creek.
. TxDOTINCTCOG agree to make every effort possible to accelerate F.M. 423 letting to permit it to be
open to traffic near F.M. 720 completion and coordinated with the northern F.M. 423 segment, but in
any event within six years of agreement on S.H. 121.
Page 1 of 5
Reprioritization of S.H. 114
Denton County agrees to stage construct S.H. 114 from I.H. 35W to F.M. 156 freeing up approximately $47
million. In return, Denton County requests the following:
S.H. 114: from.3 Miles East of WiselDenton County Line to 2,100 Feet West of F.M. 156
· Denton County to provide EA, Schematic, and 10% ROW.
· TxDOTINCTCOG agree to fund PS&E, 90% of ROWand 100% Construction (funds for this project
already exist in the Unified Transportation Program).
· TxDOT/NCTCOG agree to make every effort possible to let S.H. 114 by 2006.
F.M. 407: from F.M. 1830 to Chinn Chapel Road
. Denton County to provide EA, Schematic, PS&E, and 10% ROW.
· TxDOT/NCTCOG agree to fund 90% of ROWand 100% of construction.
· TxDOT/NCTCOG agree to make every effort possible to let F.M. 407 by 2006.
De-federalization of Proiects
Denton County agrees to reprioritize $18.25 million of its participation in the following projects in the
following amounts:
· I.H. 35E Commissioner Precinct 2 funds totaling $2 million
· F.M. 423 Commissioner Precinct 2 funds totaling $10.5 million
· F.M. 544 Commissioner Precinct 2 funds totaling $5.75 million
TxDOT/NCTCOG agree to fund the $18.25 million reprioritized by Denton County as outlined above, if
Denton County will fund the following local projects totaling $18.25 million:
· Memorial Drive (three sections) from Blair Oaks to Navaho (0/2 to 4 lanes) totaling $4.75 million
· South Colony Blvd. from Memorial Drive to S.H. 12] (0 to 4 lanes) totaling $2.25 million
· Paige Road from South Colony to North Colony (4 to 6 lanes) totaling $4.25 million
. F.M.423 10% ROW totaling $4 million
· The Colony's share of utility relocation and installation costs along F.M. 423, not funded by TxDOT,
totaling $3 million.
The defederaIizcd funds allocated to local projects are not necessarily prioritized in the order in which they
appear in the Memorandum of Understanding, but will be Funded according to the agreements executed
between Denton County (Precinct 2) and the City of The Colony.
COLLIN COUNTY
Upon reimbursement by TxDOT, Denton County agrees to refund Collin County's State Infrastructure Bank
loan expenditures.
CITY OF THE COLONY
F.M. 423: from S.H. 121 to U.S. 380
The City of The Colony benefits from the construction ofF.M. 423 (see tenns outlined in the Denton County.
S.H. 12] Near NeighborlNear Timeframe Projects above).
F.M. 720: from .2 Miles West of Garza Lane to .1 mile west of F.M. 423
The City of The Colony benefits from the construction of FM. 720 (see tenns outlined in the Denton County-
S.H. 121 Near NeighboflNear Timeframe Projects above).
Page 2 of5
Denton County agrees to fund the following projects as listed in the De-federalization section:
. Memorial Dnve (three sections) from Blair Oaks to Navaho (0/2 to 4 lanes) totaling $4.75 million
. South Colony Blvd. from Memorial Drive to S.H. 121 (0 to 4 lanes) totaling $2.25 million
. Paige Road from South Colony to North Colony (4 to 6 lanes) totaling $4.25 million
. F.M. 423 10% ROW totaling $4 million
. The Colony's share of utility relocation and installation costs along F.M. 423 not funded by TxDOT,
totaling $3 millIon
Upon reimbursement by TxDOT, Denton County agrees to refund the City of The Colony's State
Infrastructure Bank loan expenditures.
NCTCOG will request that the North Texas Tollway Authority (NIT A) have a tolltag store within the City of
The Colony to accommodate local utilization.
NCTCOG will request that NIT A initiate discussion regarding the use of tolltags by rental vehicle agencies.
CITY OF LEWISVlLLE
I.H. 35E from PGBT to Lake Lewisville Bridge
. TxDOTINCTCOG agree to fund an additional $8 million to replace the City of Lewisville's $8
million bond fund contribution to the I.H. 35E project.
Local Projects:
. NCTCOG agrees to fund $8 million toward a local project, preliminarily identified as Corporate
Drive, in the City of Lewisville. The City of LewisvilIe agrees to fund the local match for this project.
. Upon reimbursement by TxDOT, Denton County agrees to refund the City of Lewisville's State
Infrastructure Bank loan expenditures.
CITY OF CARROLL TON
I.H. 35E from PGBT to Lake Lewisville Bridge
. Denton County will contribute $57 million from TRIP-04.
. TxDOT agrees to fund the remaining cost of Design, ROW, and Construction.
. TxDOT agrees to make every effort possible to open I.H. 35E to traffic within 7 years of agreement
on S.H. 121.
Beltline Road from Jackson Road to 1,000 feet west of LH. 35E
. TxDOT agrees to fund $10 million toward the reconstruction of Beltline Road to create a grade-
separated faCIlIty that will pass under I.H. 35E and the existing rail lines m the area.
. NCTCOG agrees to pursue $10 million in funding toward the reconstruction ofBeltline Road to create
a grade-separated facility that will pass under I.H. 35E and the existing rail lines in the area.
. TxDOTINCTCOG agree to fund the project in 2005 and make every effort possible to complete the
project by 20 II
. The City of CarroJlton will work with other local partners to identify a funding source for the
remaining funding shortfall.
. Upon reimbursement by TxDOT, Denton County agrees to refund the City of Carroll ton's State
Infrastructure Bank loan expenditures.
CITY OF COPPELL
Freeport Parkway from S.H. 121 to Sandy Lake Road; new roadway; 0 to 6 lanes
. NCTCOG agrees to fund $3.64 million toward the construction of Freeport Parkway.
Page 3 of 5
Freeport Parkway from Sandy Lake Road to Ruby Road; addition of lanes; 2 to 4 lanes
· NCTCOG agrees to fund $3.368 million toward the widening of Freeport Parkway.
The Funnel Project:
· TxDOTINCTCOG agree to expedite construction of the "Funnel" project on S.H. 121/S.H. 114 from
Business 114 to the Dallas County Line.
· Upon reimbursement by TxDOT, Denton County agrees to refund the City of Coppell's State
Infrastructure Bank loan expenditures.
TxDOT ensures placement of a northbound exit ramp on S,H. 121 to serve Sandy Lake Road. The
ramp should:
· Protect the di3mond interchange planned at S.H. 121 and Freeport Parkway, and
· Provide access to Grapevine Mills Shopping Mall.
CITY OF GRAPEVINE
The Funnel Project:
· TxDOT agrees to fully fund and expedite construction of the "Funnel" project on S.H. 12I1S.H. 114
from Business 11410 the S.H. 121 Bypass/Denton Creek.
· Upon reimbursement by TxOOT, Denton County agrees to refund the City of Grapevine's State
InfrastructllTe Bank loan expenditures.
CITY OF PLANO
U.S. 75 Ramp Improvements at Parker Road:
· NCTCOG agrecs 10 reallocate federal funds from two intersection improvement projects at Preston
RoadILcgacy Drive and Spnng Creek Parkway/Coit Road, and from the Los Rios Boulevard widening
project to construct ramp improvements at U.S. 75 and Parker Road through the November 2004
Statewide Transportation Improvement Program (STIP) Revisions.
· NCTCOG agrees to fund $3 million for the U.S. 75/Parker Road Interchange project to be added to
the TransportatIOn Improvement Program through the February 2005 STIP Revisions. An additional
$3 million in TxDOT funding will be pursued for this project.
CITY OF FRISCO
F.M. 423: from S.H. 121 to U.S. 380
The City of Frisco benefits from the construction of F.M. 423 (see tenns outlined in the Denton County - S.H.
12] Near Neighbor/Near Timeframe Projects above).
F.M. 2934 from F.M. 423 to the Dallas North Tollway; widen 2 to 61aoe divided
· TxDOT agrees to fund 100% of construction costs for F.M. 2934 from F.M. 423 to the Dallas North
Tollway as previously committed by TxDOT.
· The cost estimate for this project is $12 million.
· TxDOT agrees to make every effort possible to let the project immediately upon completion of
design, approval of the EA, and ROW acquisition, which is estimated to be complete by fall 2005.
F.M. 3537 from S.H. 289 to F.M. 2478; widen 2 to 6 lane divided
· TxDOT agrees to fund 100% of the construction cost ofF.M. 3537 from S.H. 289 to F.M. 2478 as
previously agreed upon between the City of Frisco and TxDOT as part of negotiations for the City of
Frisco for constructing F.M. 720 from F.M. 423 to Preston at the City of Frisco's expense.
· The cost estimate for this project is $18 million.
· TxDOT agrees to make every effort possible to let the project immediately upon completion of design,
approval of the FA, and ROW acquisition, which is estimated to be complete by spring 2006.
Page 4 of5
Tolling along S.H. 121 from Denton Creek to the Dallas North Tollway
. TxDOT and the CIty of Fnsco agree that the westbound Legacy and eastbound Dallas North Tollway
exit ramps will not be tolled.
. TxDOT and the City of Frisco agree to allow a toll on the westbound Spring Creek Parkway exit ramp
only.
II. FUTURE EXCESS TOLL REVENUE POLICY
On September 9,2004, the Regional Transportation Council of the North Central Texas Council of
Governments approved the attached policy regarding excess revenue generated by toll roads in the Dallas-Fort
Worth area. The approved policy outlines the circumstances under which excess toll revenue would become
available and be distributed.
III. SIGNATURE OF AGREEMENT
This agreement is contingent upon approval of the terms outlined herein by the policy body of each impacted
party, as well as final approval of the funding package by the Texas Transportation Commission.
!ujj[ J ILc
William Hale, P.E.
Texas Department of Transportation
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Dale Cheatham
City of The Colony
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/!ty of Coppell
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Tom Muehlenbeck
City of PIano
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City of Frisco
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North Central Texas Council of Govemments
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Collin County
~~
L{onard Martin
City of Carrollton
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