Number 34T M e C I T Y- O F DEPT: Engineering
AGENDA REQUEST FORM COPPELL
', �q',� DATE: February 28, 2006
x A` s q 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.
APPROVED BY
CITY COUNCIL
COAL(S): a ON ABOVE DATE
EXECUTIVE SUMMARY:
Motion to Approve
Res.# 2006 - 0228.2
M - Peters
S - Tunnell
Vote - 7 -0
• Libby Ball
2006 03 0
3 150425
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
deral 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 Document Name: #Sandy Lake Funding
T H E • C I T Y O F
COPPELL
F q
MEMORANDUM
TO: Mayor and City Council
FROM: Ken Griffin, P.E., Director of Engineering/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.
RESOLUTION OF THE CITY OF COPPELL
RESOLUTION NO.
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 FUNDING 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 approved by the City Council of the City of Coppell, Texas on
this the day of 2006.
CITY OF COPPELL
DOUGLAS N. STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT HAGER, CITY ATTORNEY
CSJ: 0918 -45 -773
District #18
Code Chart 64# 09700
Sandy Lake Road: From N Coppell
Road to S Coppell Road
Dallas County
STATE OF TEXAS §
Funding Cat: 10 /Misc.
COUNTY OF TRAVIS §
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 the Local Government has approved entering into this LPAFA by
resolution or ordinance dated ,
as Attachment B. which is attached hereto and made a part hereof
as Attachment A for development of the specific project which is identified in the location map shown
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.
AFA — LPAFA OftSys Page 1 of 7
Revised 11/9/05
CSJ: 0918 -45 -773
District #18
Code Chart 64# 09700
Sandy Lake Road: From N Coppell
Road to S Coppell Road
Dallas County
5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in
the Master Agreement, without exception.
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. After execution of this LPAFA, but prior to the performance of any work by the State, the Local
Government will remit a check or warrant made payable to the "Texas Department of
Transportation " in the amount specified in Attachment C as the local contribution for State
review of Preliminary Engineering. The Local Government will pay at a minimum its funding
share for this estimated cost of preliminary engineering as stated in the Local Project Sources
and Uses of Funds provision of the Master Agreement.
e. 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 and
any others costs owing.
f. In the event the State determines that additional funding is required by the Local Government
at any time during the development of the Project, the State will notify the Local Government in
AFA — LPAFA OffSys Page 2 of 7 Revised 11/9/05
CSJ: 0918 -45 -773
District #18
Code Chart 64# 09700
Sandy Lake Road: From N Coppeil
Road to S Coppell Road
Dallas County
writing. The Local Government will make payment to the State within thirty (30) days from
receipt of the State's written notification.
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 OffSys Page 3 of 7
Revised 11/9/05
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 GOVERNMENT
THE CITY OF COPPELL
A
Douglas N. Stover, Mayor
City of Coppell
Date:
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 approved and authorized by the Texas Transportation Commission.
By:
Janice Mullenix
Director of Contract Services Section
Office of General Counsel
Texas Department of Transportation
Date:
AFA — LPAFA OffSys Page 4 of 7
Revised 11/9/05
ATTACHMENT A
CSJ: 0918 -45 -773
District #18
Code Chart 64# 09700
Sandy Lake Road: From N Coppell
Road to S Coppell Road
Dallas County
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
AFA — LPAFA OffSys Page 5 of 7
Revised 11/9/05
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