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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 M ~ c 0 co O D O V* O O �i 76 f0 Cl 00 O ° p O O 0) O Elf 00 O ' 5 5 Q p � 0 6g O O O ° p p' CO f� Ln M Cl p O 0 LO M N O QV 6 69 EA N 6c M 6 Q ea 6g Q O c0 U a m o 0 00 m 0 ° o O V J 0 O O O O° N O p °O ° O ° 0 c0 Lo C7 O N A EA 6c p 04 O } of Nf} N Q � Q O U p .2 0 Z Z 2 c, o 0 °o rn °o o ° °�°t� O° o° ° °�°%°« 0° o° o° ° O o p U- O0 V- N ° V% o 11 O ea a N CD o-a ti w ti U o U �n � (0 n ob 00 N a O M O rRiNO O 0) V r 0 0 0 0 O0N p 0 O C) d O V y H Z C N w d d 'V X O O p O p O 0 CO In r p X i (� N W 0 m O co , C:) G1 O tB fB C/) C) = H m a N 00 � O co U) a` Q w M *� W m 0 O O N O 0 (� �' \ O O P O LO ° cl U1 O O O O 0 0 0 N O O W C) r ° ° ° °- '7 m �- Q M O co p N U I- 6f} 6CP r 6% d co a W O � tl ca a '2 LU = O 0 cn a i C CO D _^ O w .a = O f.. 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