Number 31AGENDA REQUEST FORM
ITEM CAPTION:
T H E • C I T Y O F
COPPELL
T p
DEPT: Engineering
DATE: December 13, 2005
ITEM #: 11 /I
Consider approval of a resolution authorizing the City of Coppell to enter into a Master Agreement governing local
transportation project advance funding agreements with the State of Texas, acting by and through the Texas
Department of Transportation; and authorizing the Mayor to sign.
GOAL(S): m
EXECUTIVE SUMMARY:
APPROVED BY
CITY COUNCIL
IN 01 VIM" 1 99101 kyj a
otion to Approve
es. # 2005 - 1213.1
M - York
S - Suhy
Libby Bell
Vote - 6 -0 2006., 2
6 162620
Tunnell absent -0610P
Approval of this agenda item will allow the City and the Texas Department of Transportation to proceed with the
implementation of a Master Agreement which is necessary prior to obtaining partial federal funding for roadways.
taff will be available for any questions at the Council meeting.
T P r
FINANCIAL C MMENTS:
0 `�
Agenda Request Form - Revised 09/04
Document Name: #TxDOT Agrnt
T H E • C I T Y • O F
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE: December 8, 2005
REF: Consider approval of a resolution authorizing the City of Coppell to enter into a
Master Agreement governing local transportation project advance funding agreements
with the State of Texas, acting by and through the Texas Department of
Transportation; and authorizing the Mayor to sign.
The Transportation Equity Act for the 21St Century (TEA 21) increases the availability of federal
funds for transportation projects, and builds upon the Intermodel Surface Transportation and
Efficiency Act of 1991 (ISTEA) initiatives for the metropolitan transportation planning process.
These regulations mandate the development of a Transportation Improvement Program (TIP) for
a metropolitan planning area by the Metropolitan Planning Organization (MPO) in cooperation
with the State Department of Transportation, local governments, and public transportation
authorities. The TIP identifies roadway projects proposed for funding by federal, state, and local
sources. Roadway projects funded through TEA 21 must be listed in the TIP.
The North Central Texas Council of Governments ( NCTCOG) is the MPO for the Dallas -Fort
Worth area and shares project selection authority with the Texas Department of Transportation
(TxDOT). The 2006 -2008 TIP for the Dallas -Fort Worth Metropolitan Area was developed by
NCTCOG, in cooperation with TxDOT, local governments, and local transportation agencies,
with input from the public. It identifies two portions of Freeport which could obtain partial
federal funding through one of the funding categories shown in Attachment 'A' of the
Agreement. Also, a portion of West Sandy Lake is eligible to obtain some Federal funds. The
next three paragraphs detail the particulars of the Freeport and Sandy Lake projects.
Freeport Parkway (S.H. 121 to Sandy Lake Road) and Freeport Parkway (Sandy Lake Road to
Ruby Road) are funded through the Surface Transportation Program - Metropolitan Mobility
(STP -MM) program. NCTCOG has project selection responsibility for the STP -MM funding
program and will administer the federal funds. NCTCOG agreed to fund the two projects in the
Memorandum of Understanding, S.H. 121 Funding Strategy that was approved by all impacted
parties and finalized in March 2005. The Memorandum of Understanding outlined the
concessions made to the cities and counties impacted by NCTCOG's and TxDOT's decision to
construct S.H. 121 as an electronic toll facility as opposed to a freeway. Construction of the
Freeport Parkway projects will help to alleviate the heavy traffic on Denton Tap Road and
MacArthur Boulevard during the morning and afternoon rush hours.
C0_ME_"
rRARS IN
F9ss.soos
The Sandy Lake Road (Denton Tap Rd. to N Coppell Rd.) project was submitted to the city's
congressional representative in February 2005 for consideration of funding. The project was
subsequently included in a list of Congressional Demonstration projects that was recently
provided to TxDOT as part of the Safe, Accountable, Flexible, Efficient Transportation Safety
Act: A Legacy for Users (SAFETEA -LU) enacted in August 2005. TxDOT accepted the
SAFETEA -LU federal funds and submitted the Sandy Lake Road project to NCTCOG for
inclusion in the 2006 -2008 TIP through a February 2006 Revision. The project is funded
through the Category 10 - Miscellaneous Program. TxDOT has project selection responsibility
for the miscellaneous funding program and will administer the federal funds. Construction of the
Sandy Lake Road project will provide a continuous four -lane arterial from I.H. 35 in Carrollton
to S.H. 121 in Coppell.
The three projects: Freeport Parkway (S.H. 121 to Sandy Lake Rd.); Freeport Parkway (Sandy
Lake Rd to Ruby Rd.); and the Sandy Lake Road (Denton Tap to N Coppell Rd.) have been
approved for partial federal funding through TEA -21. The projects have or will be included in
the 2006 -2008 TIP as required for the federal funding. TxDOT has requested that we enter into a
Master Agreement that generally lays out the responsibilities of TxDOT and the city related to
the three projects. Once the Master Agreement is approved, the city will enter into a Local
Transportation Project Advance Funding Agreement ( LPAFA) for each of the projects. The
LPAFA will specifically state each party's responsibilities and funding requirements.
Approval of this agenda item is the first in a series of events by which Federal funding is
allocated to projects. The Master Agreement is generic in nature. If Freeport or Sandy Lake is
constructed with local funds, in lieu of Federal funds, then no further action is needed. However,
if Federal funds are used on Freeport or Sandy Lake, then the City Council would need to
approve a project specific agreement which would detail responsibilities of the Federal
Government and the City of Coppell for design, right of way, construction and funding.
With this agenda item, I have provided a copy of Master Agreement, a copy of the relevant pages
from the 2006 -2008 Transportation Improvement Program, and a copy of the Congressional
Demonstration list.
Staff recommends approval of the resolution authorizing the City to enter into a Master
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.
cMR-44
YEARS IN
�9aS -2006
RESOLUTION OF THE CITY OF COPPELL
RESOLUTION NO.20O6- Z12- I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, AUTHORIZING THE CITY OF COPPELL TO ENTER INTO A MASTER
AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE
FUNDING AGREEMENTS WITH THE STATE OF TEXAS, ACTING BY AND
THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR THE PARTIAL
FEDERAL FUNDING OF ROADWAY PROJECTS; 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 an Master
Agreement Governing Local Transportation Project Advance Funding Agreements with the State of
Texas acting by and through the Texas Department of Transportation, for the partial federal funding
of roadway projects; and
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
W4.6 1 / I '11
ATTEST:
l.. . �, CITY SECRETARY
,...• FORM:
ITY . •; . •.
•
S006 $
�O
Transportation
Improvement
Program
North Central Texas
Council of Governments
I. INTRODUCTION /BACKGROUND
PURPOSE OF THE TRANSPORTATION IMPROVEMENT PROGRAM (TIP)
The Transportation Improvement Program (TIP) is a staged, multiyear program of projects
proposed for funding by federal, State, and local sources within the Dallas -Fort Worth
Metropolitan Area. The 2006 -2008 TIP was developed by the North Central Texas Council of
Governments (NCTCOG) in cooperation with local governments, the Texas Department of
Transportation (TxDOT), and local transportation agencies. The TIP is developed in
accordance with the metropolitan planning requirements set forth in the Statewide and
Metropolitan Planning Final Rule (23 CFR Part 450, 49 CFR Part 613) promulgated in the
October 28, 1993 Federal Register as required by the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA) which was reauthorized as the Transportation Equity Act for the
21St Century (TEA -21). The 2006 -2008 TIP was prepared under guidelines set forth in the Code
of Federal Regulations (referenced above) as updated on April 1, 2004.
The 2006 -2008 TIP identifies roadway and transit projects programmed for construction within
the next three years in the Dallas -Fort Worth Metropolitan Area. However, for some program
categories, the time frame for project identification is longer than three years due to the process
used to select projects for these categories. Project selection responsibility is represented by
funding category in Exhibit 1 -1. Complete program descriptions are included later in this
chapter.
EXHIBIT I -1
ROADWAY PROGRAM SELECTION RESPONSIBILITY
TRANSIT PROGRAM SELECTION RESPONSIBILITY
TRANSIT CATEGORY SELECTED BY:
Section 5307 -- Urbanized Area Formula Program MPO
Section 5309--Capital Program Congress
Section 5310--Elderly & Persons with Disabilities Program TxDOT Districts
Section 5311 -- Nonurbanized Area Formula Program TxDOT Districts
TRANSPORTATION IMPROVEMENT PROGRAM PAGE: 34
DALLAS DISTRICT STIR REPORT
DALLAS -FORT WORTH MPO
FY 2008
COUNTY CONT -SECT JOB HWY LET DATE PHASE
CITY MPO PROJ ID EST COST
DISTRICT
- -- --
DENTON 0081 -11 -012 FM 426 11/2007 C,R
OTHER 11217 $8,500,000
DALLAS
LIMITS T0: 1.1 MILES EAST LP 288
LIMITS FROM:
1.4 MILES WEST OF LP 288
TO FOUR LANE DIVIDED URBAN
FUND CATEGORY: 7 METRO MOBILITY
DESCRIPTION2:
WIDEN TWO LANE RURAL ROADWAY
REV DATE: 09/2005
DESCRIPTION2:
TCM: No CONTINGENCY: No
DESCRIPTION3:
LAYMAN DESC:
WIDEN 2 LANE ROADWAY TO 4 LANE DIVIDED URBAN
LOCAL CONT:$0
REMARKS:
INCR FUNDS
STATEWIDE CSJ:
NEPA STATUS:
PENDING MTP REFERENCE: TH2 1818
_ _ - - - - - - -- ---- - - - - --
11015 2,063,
-- - - - - - --
DALLAS
DALLAS 0581 -01 -122 LP 12 03/2008 C
DALLA S
C.F. HAWN FREEWAY
LIMITS FROM:
LAKE JUNE
EXISTING 28 -30FT, CONCRETE ROADWAY BY 5FT.ON NORTH AND
LIMITS TO: U.S. 175
FUND CATEGORY: 7 METRO MOBILITY
DESCRIPTION2:
WIDEN
DATE: 09/2005
DESC:RIPTION2:
SOUTH BOUND LANES TO ACCOMODATE 6 LANE DIVIDED FACILITY
REV
No
TCM: No CONTINGENCY:
DESCRIPTION3:
WIDEN EXISTING 28 -30 FT CONCRETE ROADWAY BY 5 FT ON NB AND
LOCAL CONT:$0
LAYMAN DESC:
STATEWIDE CSJ:
REMARKS:
NEPA STATUS:
PENDING MTP REFERENCE: TH1 22.3 ___.-
- --
___--- .__— .------ - - - - -- -------- -- --- - --
11466 $1,200,000
-
DALLAS
- ---- - -- -
ROCKWALL 0918 -25 -017 CS 10/2007 C
OTHER
LIMITS T0: IH 30 /BYPASS STREET
LIMITS FROM:
SH 276 IN ROCKWALL NORTH
4 LN DIV URBAN RDWY
FUND CATEGORY: 7 METRO MOBILITY
DESCRIPTION2:
WIDEN FROM 2 LN UNDIV URBAN ROADWAY TO
DESCRIPTION2:
PHASE 2 OF NEW CITY STREET
REV DATE: 09/2005
No
TCM: No CONTINGENCY:
DESCRIPTIONS:
FROM 2 LN UNDIV URBAN ROADWAY TO 4 LN DIV URBAN RDWY
LOCAL CONT:$0
LAYMAN DESC:
WIDEN
STATEWIDE CSJ:
REMARKS:
NEPA STATUS:
PENDING MTP REFERENCE. TH2 1814
- - - - ---
2,300,0
DALLAS
DALLAS 0918 -95 -372 CS 12/2007 C, E,R
DALLA S
TO. HASKELL AVE./ MILITARY PARKWAY
LIMITS FROM:
ON HATCHER ST FROM SPRING AVE
LIMITS
FUND CATEGORY: 7 METRO MOBILITY
DESCRIPTION2:
WIDEN 4 LANE TO 5 LANE AND INTERSECTION IMPROVEMENT WITH
DESCRIPTION2:
CONTINUOUS LEFT TURN LANE
REV DATE: 09/2005
No
TCM: No CONTINGENCY:
DESCRIPTIONS:
LAYMAN DESC:
ADD 1 LANE CONTINUOUS LEFT TURN LANE TO EXISTING 4 LANE
LOCAL CONT:$0
STATEWIDE CSJ:
REMARKS:
NEPA STATUS
PENDING MTP REFERENCE: TH2 189
__ - -- - - - -- - ----- _--
684 $10,820,000
DALLAS
DALLAS 0918 -45 -374 MH 07/2008 C,E,R
DALLA S
IH 635 /GREENVILLE TO FOREST RIDGE
LIMITS FROM.
IN DALLAS, VALLEY VIEW /WALNUT FROM
LIMITS TO:
7 METRO MOBILITY
DESCRIPTION2:
WIDEN FROM 4 LANES TO 6 LANES
FUND CATEGORY:
DATE: 09/2005
DESCRIPTION2:
TCM: No CONTINGENCY: No
TCM:
DESCRIPTION3:
LOCAL CONT:$0
LAYMAN DESC:
WIDEN FROM 4 LANES TO 6 LANES
STATEWIDE CSJ:
REMARKS:
NEPA STATUS:
PENDING MTP REFERENCE:--T- H2 1822 -_
__ _ - - -- -- -- - - -- --
DALLA S 11012 $2,737, 35
DALLAS
DALLAS 0918 -45 -707 VA 03/2008 C,E
LIMITS FROM:
ON BELT LINE RD FROM SH 289 /PRESTON
LIMITS TO: DALLAS PARKWAY
DESCRIPTION2:
WIDEN EXISTING 6 LANE DIVIDED ROADWAY TO 8 LANE DIVIDED, EB
FUND CATEGORY :09/2005ETR0 MOBILITY
TO PRESTON RD., W13 FROM PRESTON +/- 200' EAST OF PRESTONWOOD
REV DATE:
DESCRIPTION2:
TCM: Yes CONTINGENCY: No
DESCRIPTION3:
EXISTING 6 LANE DIVIDED ROADWAY TO 8 LANE DIVIDED, EB
LOCAL CONT:$0
LAYMAN DESC:
WIDEN
STATEWIDE CSJ:
REMARKS:
NEPA STATUS:
PENDING MTP REFERENCE: TH1 8.1
_ -- _
- - - - - -- - - - -- -� _ -- --
2,494,1
IRVIN G 11
DALLAS
DALLAS 0918 -45 -905 CS 06/2008 C,E
WEST ROW OF SH1 161 IN IRVING
LIMITS FROM:
ON PIONEER DR, FROM ESTERS RD
LIMITS TO:
FUND CATEGORY: 7 METRO MOBILITY
DF.SCRIPTION2:
RECONSTRUCT 2 LANE UNDIVIDED ROADWAY
09/2005
DESCRIPTION2:
REV DATE:
TCM: No CONTINGENCY: No
DESCRIPTION3:
LOCAL C 33,407
LAYMAN DESC:
RECONSTRUCT 2 LANE UNDIVIDED ROADWAY
CS
STATEWIDDE E CSJ :
REMARKS:
NEPA STATUS.
PENDING MTP REFERENCE: TH2 1811 _
_ _
_— ..._ _ _ - _
- - -- - -- -- - -- - - - -_-
COPPEL L 11532 $4,550,000
DALLAS
DALL _ AS 0918- 47 -983 CS 08/2008 C,E,R
SANDY LAKE RD IN CITY OF COPPELL
LIMITS FROM:
FREEPORT PKWY FROM SH 121
LIMITS TO:
FUND CATEGORY: 7 METRO MOBILITY
DESCRIPTION2: CONSTRUCT 6 -LANE FACILITY
DESCRIPTION2:
REV DATE: 09/2005
TCM: No CONTINGENCY: No
DESCRIPTION3:
LOCAL CONT:$0
LAYMAN DESC:
CONSTRUCT 6 -LANE FACILITY
STATEWIDE CSJ:
REMARKS:
NEPA STATUS:
PENDING MTP REFERENCE: TH2 1815
PHASE: C= CONSTRUCTION,
E = ENGINEERING, R = ROW, T = TRANSFER
Note 1: Emission
reduction estimates for Intelligent Transportation Systems
(ITS) are quantified as a system. In 2007, 67.65%
amounts to daily
of the freeway
system in Collin, Dallas, Denton, and Tarrant Counties will
be covered by the ITS Program, which
benefits of 1,358.38 pounds /day of VOC and 3,862.17 pounds
/day of NOx.
emission reduction
VII -37
TRANSPORTATION IMPROVEMENT PROGRAM PAGE: 35
DALLAS DISTRICT STIP REPORT
DALLAS-FORT WORTH MPO
PHASE: C= CONSTRUCTION, E = ENGINEERING, R = ROW, T = TRANSFER
Note 1: Emission reduction estimates for Intelligent Transportation Systems (ITS) are quantified as a system. In 2007, 67.65%
of the freeway system in Collin, Dallas, Denton, and Tarrant Counties will be covered by the ITS Program, which amounts to daily
emission reduction benefits of 1,358.38 pounds /day of VOC and 3,862.17 pounds /day of NOx.
VII -38
FY
2008
--
CONT-SECT-JOB HWY LET DATE
PHASE CITY MPO PROJ ID EST COST
DISTRICT
COUNTY --
--. - - --
C,E,R COPPEL L 1153 4,21 ,
DALLAS
DALLAS 0918 -47 -984 CS 08/2008
RUBY RD IN CITY OF COPPELL
�j
LIMITS FROM.
FREEPORT PKWY FROM SANDY LAKE RD
LIMITS TO:
FUND CATEGORY: 7 METRO MOBILITY
DESCRIPTION2:
WIDEN 2 TO 4 LANES
REV DATE: 09/2005
DESCRIPTION2:
TCM: No CONTINGENCY: No
DESCRIPTION3:
LOCAL CONT: $0
LAYMAN DESC:
WIDEN 2 TO 4 LANES
STATEWIDE CSJ:
REMARKS:
NEPA STATUS:
PENDING MTP REFERENCE: TH2 1810 --- -_ _
___. - -- - - - - -- - -._ -- - - - -- _ "-
OTHER 1152 3,000,00
- - - -- - - - - --
DALLAS
- - - - -- _
DALLAS 0918 -48 -900 CS 06/2008
C,E,R
LIMITS TO: BAGDAD IN CITY OF GRAND PRAIRIE
LIMITS FROM:
GIFFORD ST FROM MACARTHUR
FUND CATEGORY: 7 METRO MOBILITY
DESCRIPTION2:
EXTEND FOUR LANE CITY STREET
REV DATE: 09/2005
DESCRIPTION2:
TCM: No CONTINGENCY: No
DESCRIPTIONS:
LOCAL CONT: $0
LAYMAN DESC:
EXTEND FOUR LANE CITY STREET
STATEWIDE CSJ:
REMARKS:
NEPA STATUS:
PENDING MTP REFERENCE TH2 1816
-_ --� - - " — " "—
- -- -- " - - - "-
ROCKWAL L 2984,2987 9,71
ROCKWALL 1014 -03 -039 FM 740 03/2008
C,R
DALLAS
LIMITS T0: FM 1140
LIMITS FROM:
FM 3097
FUND CATEGORY: 7 METRO MOBILITY
DESCRIPTION2:
WIDEN 2 LN RURAL TO 4 LN DIV URBAN
REV DATE: 09 /2005
DESCRIPTION2:
TCM: No CONTINGENCY: No
DESCRIPTION3:
LOCAL CONT: $0
LAYMAN DESC:
WIDEN 2 LN RURAL TO 4 LN DIV URBAN
STATEWIDE CSJ:
REMARKS:
NEPA STATUS:
PENDING MTP REFERENCE: TH2 1820
--
— -
OTHER 11219.2 15,011,
DALLAS
- _- - _--------------
DALLAS _ 1068 -04 -125 IH 30 08/2008
C,R
LIMITS TO: TRA RAILROAD SPUR
LIMITS FROM
MACARTHUR BOULEVARD
FUND CATEGORY: 7 METRO MOBILITY
DESCRIPTION2:
CONSTRUCT WESTBOUND 2 LANE FRONTAGE ROAD
REV DATE: 09/2005
DESCRIPTION2:
TCM: No CONTINGENCY: No
DESCRIPTION3:
LOCAL CONT: $0
LAYMAN DESC:
CONSTRUCT WESTBOUND 2 LANE FRONTAGE ROAD
STATEWIDE CSJ:
REMARKS:
NEPA STATUS:
PENDING MTP REFERENCE: FR1 1035
- ----- - - - - -- ----- - - "__-
ROCKWAL L 2998 $6,940,000
___- - - -_ -_
ROCKWALL 1290 -02 -017 SH 276 03/2008
C,R
DALLAS
LIMITS T0. FM 549
LIMITS FROM:
SH 205
FUND CATEGORY: 7 METRO MOBILITY
DESCRIPTION2:
WIDEN 2 LANE RURAL TO 4 LANE DIVIDED URBAN
REV DATE: 09/2005
DESCRIPTION2:
TCM: No CONTINGENCY: No
DESCRIPTIONS:
2 LANE RURAL TO 4 LANE DIVIDED URBAN
LOCAL CONT: $B4O00
LAYMAN DESC:
WIDEN
STATEWIDE CSJ:
REMARKS:
NEPA STATUS:
PENDING MTP REFERENCE: TH2 1824
_-- - _.--- ___ -.. -- --. .__
-. - - -- - - -_0 _
- - -- - -_ -- _ -- 00
OTHER 000, 00
ER 11531 $
DALLAS
DENTON 1567 -01 -029 FM 720 08 /2008
C,E,R
MI WEST OF FM 423
LIMITS FROM
0.2 MI W OF GARZA LANE (W OF LAKE L
LIMITS TO 0.1
6 FUND CATEGORY: MOBILITY
DESCRIPTION2:
WIDEN TWO LANE RURAL ROADWAY TO FOUR LANE DIV
URB (ULT -LN)
REV DATE: 09/2005ETR0
DESCRIPTION2:
TCM: No CONTINGENCY: No
DESCRIPTION3:
RURAL ROADWAY TO FOUR LANE DIV
URB (ULT 6 -LN) LOCAL CONT: 4,000,000
LAYMAN DESC:
WIDEN TWO LANE
CSJ
STATEWIDE CSJ:
REMARKS:
NEPA STATUS:
PENDING MTP REFERENCE: TH1 375.1, _TH1 _
_..
375.2 - - -_ __ - - -- - -- - - -- - -- __ _
___ ________ $10,000,000
DALLAS
COLLIN 1392 -01 -029 FM 1378 09/2007
OTHER
C,E,RLIMITS FM 2514 (PARKER RD)
LIMITS FROM:
FM 3412 (BROWN ST)
TO:
FUND CATEGORY: 10 MISCELLANEOUS
DESCRIPTION2: WIDEN 2 LANE TO 4 LANE DIVIDED URBAN
REV DATE: 09/2005
DESCRIPTION2:
TCM: No CONTINGENCY: No
DESCRIPTION3:
LOCAL CONT: $10,000,000
LAYMAN DESC:
WIDEN 2 LANE TO 4 LANE DIVIDED URBAN
STATEWIDE CSJ:
REMARKS:
100% BY LOCAL GOVERNMENTS
NEPA STATUS:
PENDING MTP REFERENCE: TH1 225.1
MIDI $8,972,000
DALLAS
ELLIS 0261-01-037 US 67 09/2006
C,E,R
LIMITS T0: BUS US 67 (NINTH STREET)
LIMITS FROM:
OVERLOOK DRIVE
FUND CATEGORY: 11 DIST DISCRETION
DESCRIPTION2:
CONSTRUCT NEW FRONTAGE ROADS OVER UP RR
REV DATE: 09/2005
DESCRIPTION2:
TCM: No CONTINGENCY: No
DESCRIPTIONS:
LOCAL CONT: $1,397,341
DESC:
CONSTRUCT NEW FRONTAGE ROADS OVER UP RR
LAYMAN
STATEWIDE CSJ:
REMARKS:
NEPA STATUS:
PENDING MTP REFERENCE: FT 1 1595, FR1
1595
PHASE: C= CONSTRUCTION, E = ENGINEERING, R = ROW, T = TRANSFER
Note 1: Emission reduction estimates for Intelligent Transportation Systems (ITS) are quantified as a system. In 2007, 67.65%
of the freeway system in Collin, Dallas, Denton, and Tarrant Counties will be covered by the ITS Program, which amounts to daily
emission reduction benefits of 1,358.38 pounds /day of VOC and 3,862.17 pounds /day of NOx.
VII -38
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Master Advance Funding Agreement
STATE OF TEXAS §
COUNTY OF TRAVIS §
MASTER AGREEMENT
GOVERNING
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENTS
THIS MASTER AGREEMENT (MAFA) 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, Texas, acting by and through its duly authorized officials, hereinafter called the "Local
Government."
WITNESSETH
WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the
Transportation Equity Act for the 21St Century (TEA -21) codified under Title 23 U.S.C. Section 101 et
seq., authorize transportation programs to meet the challenges of protecting and enhancing
communities and the natural environment and advancing the nation's economic growth and
competitiveness; and
WHEREAS, ISTEA and TEA -21 establish federally funded programs for transportation improvements
to implement its public purposes; and
WHEREAS, Title 23 U.S.C. Section 134 requires that Metropolitan Planning Organizations and the
States' Transportation Agencies to develop transportation plans and programs for urbanized areas of
the State; and
JHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State
shall design, construct and operate a system of highways in cooperation with local governments; and
WHEREAS, federal and state laws require oc of State eats to m federal et certain nd contract standards
relating to the management and administration
WHEREAS, the governing terms of this Master Agreement will provide for efficient and effective
contract administration of the types of Local Project Advance Funding Agreements (LPAFA) listed in
Attachment A; and,
WHEREAS, the Texas Government Code, Section 441.189 allows any state record to be created or
stored electronically in accordance with standards and procedures adopted as administrative rules of
the Texas State Library and Archives Commission; and
WHEREAS, the Governing Body of the Local
h s attached hereto apd made entering into
part of this Master
Agreement by resolution or ordinance, vc
Agreement 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
Period of the Agreements
This Master Agreement and the Local Project Advance Funding Agreements (LPAFAs) subject to
this Master Agreement become effective when signed by the last party whose signing makes the
Page AFA- MAFA_Contract
Pa e 1 of 12 Rev. 10/18/05
Master Advance Funding Agreement
respective agreements fully executed. This Master Agreement shall remain in effect until
terminated as provided in Article 2.
2. Termination of this Master Agreement
This agreement may be terminated by any of the following conditions:
a. by mutual written consent and agreement of all parties.
b. by any party with 90 days written notice. If this Master Agreement is terminated under this
clause, all existing, fully executed LPAFAs made under this Master Agreement shall
automatically incorporate all the provisions of this Master Agreement.
c. by either party, upon the failure of the other party to fulfill the obligations as set forth in this
Master Agreement.
3. Termination of the Local Project Advance Funding Agreement (LPAFA)
An LPAFA shall remain in effect until the project is completed and accepted by all parties, unless:
a. the agreement is terminated in writing with the mutual consent of the parties, or;
b. because of a breach of this Master Agreement or a breach of the Local Project Advance
Funding Agreement. Any cost incurred due to a breach of contract shall be paid by the
breaching party.
c. After the PS &E the local government may elect not to provide the funding and the project does
not proceed because of insufficient funds; the local government agrees to reimburse the State
for its reasonable actual costs incurred during the project.
d. Conditions for termination as specified in the LPAFA are fulfilled.
4. Amendments
a. Amendment of this Master Agreement by Notice with Mutual Consent: The State may
notify the Local Government of changes in this Master Agreement resulting from changes
in federal or state laws or rules or regulations and these changes in the Master Agreement
shall be incorporated into this agreement unless the State is notified by the Local
Government within 60 days. From time to time, the State may issue numbered
restatements of this MAFA to wholly reflect its amendments.
b. This Master Agreement may be amended due to changes in the agreement or the
responsibilities of the parties. Such amendment must be made through a mutually agreed
upon, written amendment that is executed by the parties.
C. The notice of amendment and the amendment to this Master Agreement may be in an
electronic form to the extent permitted by law and after a prior written consent of the parties
to this agreement is made.
d. Amendments to the LPAFAs due to changes in the character of the work or terms of the
agreement, or responsibilities of the parties relating to a specific project governed under
this Master Agreement may be enacted through a mutually agreed upon, written
amendment to the LPAFA.
5. Remedies
This agreement shall not be considered as specifying the exclusive remedy for any agreement
default, but all remedies existing at law and in equity may be availed of by either party to this
agreement and shall be cumulative.
6. Utilities
If the required right of way encroaches upon existing utilities and the proposed project requires
their adjustment, removal or relocation, the Local Government will be responsible for determining
the scope of utility work and notify the appropriate utility company to schedule adjustments,
unless specified otherwise in a specific LPAFA under other provisions of this MAFA.
The Local Government shall be responsible for the adjustment, removal or relocation of utility
facilities in accordance with applicable State laws, regulations, rules, policies and procedures.
AFA -MAFA Contract Page 2 of 12 Rev. 10/18/05
Master Advance Funding Agreement
This includes, but is not limited to: 43 TAC §15.55 relating to Construction Cost Participation; 43
TAC §21.21 relating to State Participation in Relocation, Adjustment, and /or Removal of Utilities;
and, 43 TAC§ 21.31 et seq. relating to Utility Accommodation. The Local Government will be
responsible for all costs associated with additional adjustment, removal, or relocation during the
construction of the project, unless this work is provided by the owners of the utility facilities:
a. per agreement;
b. per all applicable statutes or rules, or;
c. as specified otherwise in a LPAFA.
Prior to letting a construction contract for a local project, a utility certification must be made
available to the State upon request stating that all utilities needing to be adjusted for completion
of the construction activity have been adjusted.
7. Environmental Assessment and Mitigation
Development of a local transportation project must comply with the National Environmental Policy
Act and the National Historic Preservation Act of 1966, which require environmental clearance of
federal -aid projects.
a. The Local Government is responsible for the identification and assessment of any
environmental problems associated with the development of a local project governed by this
agreement, unless provided for otherwise in the specific project agreement.
b. The Local Government is responsible for the cost of any environmental problem's mitigation
and remediation, unless provided for otherwise in the specific project agreement.
c. The Local Government is responsible for providing any public meetings or public hearings
required for development of the environmental assessment, unless provided for otherwise in
the specific project agreement.
d. The Local Government shall provide the State with written certification from appropriate
regulatory agency(ies) that identified environmental problems have been remediated, unless
provided for otherwise in the specific project agreement.
8. Compliance with Texas Accessibility Standards and ADA
All parties to this agreement shall ensure that the plans for and the construction of all projects
subject to this Master Agreement are in compliance with the Texas Accessibility Standards (TAS)
issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers
Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements
to be consistent with minimum accessibility requirements of the Americans with Disabilities Act
(P.L. 101 -336) (ADA).
9. Architectural and Engineering Services
Any party to this contract may have responsibility for effecting the performance of architectural
and engineering services. Or, the parties may agree to be individually responsible for portions of
this work. The LPAFA shall define the party responsible for performance of this work.
The engineering plans shall be developed in accordance with the applicable State's Standard
Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the
special specifications and special provisions related thereto, unless specifically stated otherwise
in the LPAFA and approved by the State.
In procuring professional services, the parties to this agreement must comply with federal
requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas
Government Code 2254, Subchapter A, in all cases.
Professional services contracts for federally funded projects must conform to federal
requirements, specifically including the provision for participation by Disadvantaged Business
Enterprises (DBEs), ADA, and environmental matters.
AFA -MAFA Contract Page 3 of 12 Rev. 10/18/05
Master Advance Funding Agreement
10. Construction Responsibilities
a. Unless specifically provided for otherwise in the LPAFA, the State shall advertise for
construction bids, issue bid proposals, receives and tabulate the bids and award and
administer the contract for construction of the Project. Administration of the contract includes
the responsibility for construction engineering and for issuance of any change orders,
supplemental agreements, amendments, or additional work orders, which may become
necessary subsequent to the award of the construction contract. In order to ensure federal
funding eligibility, projects must be authorized by the State prior to advertising for construction. the ing and
b. All contract letting and award procewc cons approved by
ont acttis ate prior to awarded bytthe State
award of the construction contract, hether the
or by the Local Government.
d approval procedures must be approved by the State prior
c. All contract change order review an
to start of construction.
d. Upon completion of the Project, the party constructing the project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
e. For federally funded contracts, the parties to this agreement will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR
Part 633, and shall include the latest version of Form "FHWA- 1273" in the contract bidding
documents. If force account work will be performed, a finding of cost effectiveness shall be
made in compliance with 23 CFR 635, Part B.
11. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads after
completion of the work and the State shall be responsible for maintenance of state highway
system after completion of the work if the work was on the state highway system, unless
otherwise provided for in the LPAFA or other prior existing maintenance agreement with the Local
Government.
12. Local Project Sources and Uses of Funds
a. The total estimated cost of the Project
the clearly staed in
Governments parties
The expected cash contributions from
will be clearly stated. The State will pay for only those project costs that have been approved
by the Texas Transportation Commission.
b. A project cost estimate showing the estimated contributions in kind or in cash for each major
area of the local project will be provided in the LPAFA. This project cost estimate will show
how necessary resources for completing the project will be provided by major cost categories.
These categories include but are not limited to: (1) costs of real property; (2) costs of utility
work; (3) costs of environmental assessment and remediation; (4) cost of preliminary
engineering and design; (5) cost of construction and construction management; and (6) any
other local project costs.
c. The State will be responsible for securing the Federal and State share of the funding required
for the development and construction of the local project. Federal share of the project will be
reimbursed to the local government on a cost basis.
d. The Local Government will be responsible for all non - federal or non -State participation costs
associated with the Project, including any overruns in excess of the approved local project
budget, unless otherwise provided for in the LPAFA.
e. Following execution of the LPAFA, but prior to the performance of any review 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 the LPAFA. The Local Government
will pay at a minimum its funding share for the estimated cost of preliminary engineering for
the project, unless otherwise provided for in the LPAFA.
Page AFA- MAFA_Contract
Pa e 4 of 12 Rev. 10/18/05
Master Advance Funding Agreement
f. 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
construction costs, unless otherwise provided for in the LPAFA.
g. In the event the State determines that additional funding is required by the Local Government
at any time during the Project, the State will notify the Local Government in writing. The Local
Government will make payment to the State within thirty (30) days from receipt of the State's
written notification, unless otherwise provided for in the LPAFA.
h. Upon completion of the Project, the State will perform an audit of the local project costs. Any
funds due to the Local Government, the State, or the Federal government will be promptly
paid by the owing party.
i. The State will not pay interest on any funds provided by the Local Government.
j. If a waiver has been granted, the State will not charge the Local Government for the indirect
costs the State incurs on the local project, unless this agreement is terminated at the request
of the Local Government prior to completion of the project.
k. If the local project has been approved for a "fixed price" or an "incremental payment" non-
standard funding or payment arrangement under 43 TAC §15.52, the LPAFA will clearly state
the amount of the fixed price or the incremental payment schedule.
I. The Texas Comptroller of Public Accounts has determined that certain counties qualify as
Economically Disadvantaged Counties in comparison to other counties in the state as below
average per capita property value, and below average per capita income, and above average
unemployment, for certain years. The LPAFA will reflect adjustments to the standard
financing arrangement based on this designation.
m. The State will not execute the contract for the construction of a local project until the required
funding has been made available by the Local Government in accordance with the LPAFA.
13. Right of Way and Real Property
The Local Government is responsible for the provision and acquisition of any needed right of
way or real property, unless the State agrees to participate in the provision of right of way under
the procedures described herein as parts A and B of this provision.
Title to right of way and other related real property must be acceptable to the State before funds
may be expended for the improvement of the right of way or real property.
If the Local Government is the owner of any part of a project site under an LPAFA, the Local
Government shall permit the State or its authorized representative access to occupy the site to
perform all activities required to execute the work under the LPAFA.
All parties to this agreement will comply with and assume the costs for compliance with all the
requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those
provisions relating to incidental expenses incurred by the property owners in conveying the real
property to the Local Government, and benefits applicable to the relocation of any displaced
person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must
be maintained and made available to the State and its representatives for review and
inspection.
If the local government purchases right of way for a local government street, title will be acquired
in the name of the local government in accordance with applicable laws unless specifically
stated otherwise in the LPAFA and approved by the State.
If the State participates in the purchase of right of way for the state, it will be under the
processes established in the following paragraphs A or B, and the selected option shall be
specified in the LPAFA.
AFA -MAFA Contract Page 5 of 12 Rev. 10/18/05
Master Advance Funding Agreement
A. Purchase By the State for the State
The State will assume responsibility for acquisition of all necessary right of way for the
highway project. The Local Government will voluntarily contribute to the State funds equal to
ten (10) percent of the cost of the right of way for the proper development and construction
of the state highway system and shall transmit to the State a warrant or check payable to the
Texas Department of Transportation when notified by the State of the estimated cost of the
right of way. If the amount is found insufficient to pay the Local Government's obligation,
then the Local Government, upon request of the State, will supplement this amount in such
amount as requested by the State. Upon completion of the highway project and in the event
the total amount paid by the Local Government is more than ten (10) percent of the actual
cost of the right of way, any excess amount will be returned to the Local Government. Cost
of the right of way by the State shall mean the total value of compensation paid to owners,
including but not limited to utility owners, for their property interests either through
negotiations or eminent domain proceedings.
B. Purchase by the Local Government for the State
Purchase: Right of way purchases shall be a joint effort of the State and the Local
Government. Acquisition of right of way shall be in accordance with the terms of this
agreement and in accordance with applicable Federal and State laws governing the
acquisition policies for acquiring real property. The State agrees to reimburse the Local
Government for its share of the cost of such right of way providing acquisition when it has
been authorized to proceed by the State.
Location Surveys and Preparation of Right of Way Data: The State, without cost to the
Local Government, will do the necessary preliminary engineering and title investigation in
order to supply to the Local Government the data and instruments necessary to obtain
acceptable title to the desired right of way.
Determination of Right of Way Values: The Local Government agrees to make a
determination of property values for each right of way parcel by methods acceptable to the
Local Government and to submit to the State's District Office a tabulation of the values so
determined, signed by the appropriate Local Government representative. Such tabulations
shall list the parcel numbers, ownership, acreage and recommended compensation.
Compensation shall be shown in the component parts of land acquired, itemization of
improvements acquired, damages (if any), and the amounts by which the total
compensation will be reduced if the owner retains improvements. This tabulation shall be
accompanied by an explanation to support the determined values, together with a copy of
information or reports used in arriving at all determined values. Such work will be
performed by the Local Government at its expense without cost participation by the State.
The State will review the data submitted and may base its reimbursement on the values
which are determined by this review. The State, however, reserves the right to perform at
its own expense any additional investigation deemed necessary, including supplemental
appraisal work by State employees or by employment of fee appraisers, all as may be
necessary for determination of values to constitute the basis for State reimbursement. If at
any stage of the project development it is determined by mutual- agreement between the
State and Local Government that the requirement for the Local Government to submit to
the State property value determinations for any part of the required right of way should be
waived, the Local Government will make appropriate written notice to the State of such
waiver, such notice to be acknowledged in writing by the State. In instances of such waiver,
the State by its due processes and at its own expense will make a determination of values
to constitute the basis for State reimbursement.
AFA -MAFA Contract Page 6 of 12 Rev. 10/18/05
Master Advance Funding Agreement
Negotiations: The State will notify the Local Government as soon as possible as to the
State's determination of value. Negotiation and settlement with the property owner will be
the responsibility of the Local Government without participation by the State; however, the
Local Government will notify the State immediately prior to closing the transaction so that a
current title investigation may be made to determine if there has been any change in the
title. The Local Government will deliver properly executed instruments of conveyance which
together with any curative instruments found to be necessary as a result of the State's title
investigation will be properly vest title in the State for each right of way parcel involved. The
costs incidental to negotiation and the costs of recording the right of way instruments will
be the responsibility of the Local Government. The cost of title investigation will be the
responsibility of the State.
Condemnation: Condemnation proceedings will be initiated at a time selected by the
Local Government and will be the Local Government's responsibility at its own expense
except as hereinafter indicated. The Local Government will obtain from the State without
cost current title information and engineering data at the time condemnation are to be
indicated. Except as hereinafter set forth the Local Government will concurrently file
condemnation proceedings and a notice of lis pendens for each case in the name of the
State, and in each case so filed the judgment of the court will decree title to the property
condemned to the State. The Local Government may, as set forth herein under "Excess
Takings" and where it is determined to be necessary, enter condemnation proceedings in
its own name. Property acquired in the Local Government's name for the State must
comply with requirements set forth in the engineering data and title investigation previously
furnished to the Local Government by the State at such time as the Local Government
conveys said property to the State.
Court Costs, Costs of Special Commissioners' Hearings and Appraisal Expense: Court
costs and costs of Special Commissioners' hearings assessed against the State or Local
Government in condemnation proceedings conducted on behalf of the State and fees
incident thereto will be paid by the Local Government. Such costs and fees, with the
exception of recording fees, will be eligible for ninety (90) percent State reimbursement
under the established reimbursement procedure provided such costs and fees are eligible
for payment by the State under existing law. Where the Local Government uses the State's
appraisers employed on a fee basis in Special Commissioners' hearings or subsequent
appeals, the cost of the appraiser for updating the report, for preparing new reports,
preparing for court testimony and appearing in court to testify in support of the appraisal
will be paid direct by the Local Government, but will be eligible for ninety (90) percent State
reimbursement under established procedure provided prior approval for such appraiser has
been obtained from the State. The fee paid the appraiser by the Local Government shall
be in accordance with the fee schedule set forth in the appraiser's contract for appraisal
services with the State.
Excess Takings: In the event the Local Government desires to acquire land in excess of
that requested by the State for right of way purposes, the State's cost participation will be
limited to the property needed for its purposes. If the Local Government elects to acquire
the entire property, including the excess taking, by a single instrument of conveyance or in
one eminent domain proceeding, the property involved will be acquired in the name of the
Local Government and that portion requested by the State for right of way will be
separately conveyed to the State by the Local Government. When acquired by negotiation,
the State's participation will be based on the State's approved value of that part of the
property requested for right of way purposes, provided that such approved value does not
exceed actual payment made by the Local Government. When acquired by condemnation,
the State's participation will be in the proportionate part of the final judgment amount
AFA -MAFA Contract Page 7 of 12 Rev. 10/18/05
Master Advance Funding Agreement
computed on the basis of the relationship of the State's approved value to the State's
predetermined value for the whole property.
Improvements: Property owners will be afforded an opportunity in the negotiations to
retain any or all of their improvements in the right of way taking. In anticipation of the owner
desiring to retain improvements, the State's approved value will include the amounts by
which the upper limit of State participation will be reduced for the retention. It is further
agreed that the upper limit for the State's participation in the Local Government's cost for
an improved parcel will be reduced as shown in the State's approved value where the
owner retains an improvement which is to be moved by either the Local Government or the
owner. In the event improvements, which are, in whole or part, a part of the right of way
taking are not retained by the owner; title is to be secured in the name of the State.
The State will participate in the acquisition of a structure severed by the right of way line if
the part of the house, building or similar structure which lies outside the right of way cannot
be reconstructed adequately or there is nothing but salvage left, provided that the State's
value is established on this basis and provided that title to the entire structure is taken in
the name of the State. The State shall dispose of all improvements acquired. The net
revenue derived by the State from the disposition of any improvements sold through the
General Services Commission will be credited to the cost of the right of way procured and
shared with the Local Government.
Relocation of Utilities on Acquired State Right of Way: If the required right of way
encroaches upon an existing utility located on its own right of way and the proposed
highway construction requires the adjustment, removal or relocation of the utility facility, the
State will establish the necessity for the utility work. State participation in the cost of
making the necessary change, less any resulting increase in the value to the utility and less
any salvage value obtainable, may be obtained by either the "actual cost" or "lump sum"
procedures. Reimbursement under "actual cost" will be made subsequent to the Local
Government's certification that the work has been completed and will be made in an
amount equal to ninety (90) percent of the eligible items of cost as paid to the utility owner.
The "lump sum" procedure requires that the State establishes the eligibility of the utility
work and enters into a three -party agreement, with the owners of the utility facilities and the
Local Government, which sets forth the exact lump sum amount of reimbursement, based
on a prior appraisal. The utility will be reimbursed by the Local Government after proper
certification by the utility that the work has been done, said reimbursement to be the basis
of the prior lump sum agreement. The State will reimburse the Local Government in an
amount equal to ninety (90) percent of the firm commitment as paid to the utility owner.
The foregoing is subject to the provision that the individual lump sum approved value shall
not exceed $20,000, except as specifically approved by the State. In those cases where a
single operation is estimated to exceed $20,000 the transaction will be brought to the
attention of the State for determination of proper handling based upon the circumstances
involved. Such utility firm commitment will be an appropriate item of right of way. The
adjustment, removal or relocation of any utility line on publicly owned right of way by
sufferance or permit will not be eligible for State reimbursement. The term "utility" under
this agreement shall include publicly, privately and cooperatively owned utilities.
Fencing Requirements: The Local Government may either pay the property owner for
existing right of way fences based on the value such fences contribute to the part taken
and damages for an unfenced condition resulting from the right of way taking, in which
case the estimated value of such right of way fences and such damages will be included in
the recommended value and the approved value, or the Local Government may do the
fencing on the property owner's remaining property.
AFA -MAFA Contract Page 8 of 12 Rev. 10/18/05
Master Advance Funding Agreement
Where the Local Government performs right of way fencing as a part of the total right of
way consideration, neither the value of existing right of way fences nor damages for an
unfenced condition will be included in the recommended value or the approved value.
State participation in the Local Government's cost of constructing right of way fencing on
the property owner's remainder may be based on either the actual cost of the fencing or on
a predetermined lump sum amount. The State will be given credit for any salvaged fencing
material and will not participate in any overhead costs of the Local Government.
If State participation is to be requested on the lump sum basis, the State and the Local
Government will reach an agreement prior to the actual accomplishment of the work as to
the necessity, eligibility and a firm commitment as to the cost of the entire fencing work to
be performed. The foregoing is subject to the provision that the lump sum approved cost
shall not exceed $20,000, except as specifically approved by the State. In the event the
cost of the fencing is estimated to exceed $20,000, the transaction will be brought to the
attention of the State for determination of proper handling based upon the circumstances
involved.
Reimbursement: The State will reimburse the Local Government for right of way acquired
after the date of this agreement in amount not to exceed ninety (90) percent of the cost of
the right of way acquired in accordance with the terms and provisions of this agreement.
The State's reimbursement will be in the amount of ninety (90) percent of the State's
predetermined value of each parcel, or the net cost thereof, whichever is the lesser
amount.
If condemnation is necessary and title is taken as set forth herein under the section entitled
Condemnation, the participation by the State shall be based on the final judgment,
conditioned upon the State having been notified in writing prior to the filing of such suit and
upon prompt notice being given as to all action taken therein. The State shall have the right
to become a party to the suit at any time for all purposes, including the right of appeal at
any stage of the proceedings. All other items of cost shall be borne by the State and the
Local Government as provided in other sections of this agreement. If a lump sum fencing
or utility adjustment agreement has been executed, the State will reimburse the Local
Government in the amount of ninety (90) percent of the predetermined lump sum cost of
the right of way fencing or utility adjustment.
If the Local Government prefers not to execute a lump sum agreement for either fencing or
utility adjustments, the State will reimburse on the actual cost of such fencing or
adjustments. The Local Government's request for reimbursement will be supported by a
breakdown of the labor, materials and equipment used.
General: It is understood that the terms of this agreement shall apply to new right of way
authorized and requested by the State which is needed and not yet dedicated, in use or
previously acquired in the name of the State or Local Government for highway, street or
road purposes. This agreement shall also apply, with regard to any existing right of way, to
outstanding property interests not previously acquired and to eligible utility adjustments not
previously made, as authorized and requested by the State.
It is further understood that if unusual circumstances develop in the right of way acquisition
which are not clearly covered by the terms of this agreement, such unusual circumstances
or problems will be resolved by mutual agreement between the State and the Local
Government.
AFA -MAFA Contract Page 9 of 12 Rev. 10/18/05
Master Advance Funding Agreement
14. 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:
The City of Coppell, Texas
Attn: Mr. Kenneth M. Griffin, P.E.
P.O. Box 9478
Coppell, Texas 75019
State:
Texas Department of Transportation
Attn: District Engineer
4777 E. Highway 80
Mesquite, TX 75150
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.
15. Legal Construction
In case one or more of the provisions contained in this agreement shall for any reason be held
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall
not affect any other provisions and this agreement shall be construed as if it did not contain the
invalid, illegal or unenforceable provision.
16. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or employee
of the other party and each party agrees it is responsible for its individual acts and deeds as well
as the acts and deeds of its contractors, employees, representatives, and agents.
17. Ownership of Documents
Upon completion or termination of this agreement, all documents prepared by the State shall
remain the property of the State. All data prepared under this agreement shall be made available
to the State without restriction or limitation on their further use. All documents produced or
approved or otherwise created by the Local Government shall be transmitted to the State in the
form of photocopy reproduction on a monthly basis as required by the State. The originals shall
remain the property of the Local Government.
18. Compliance with Laws
The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and
regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any
manner affecting the performance of this agreement. When required, the Local Government
shall furnish the State with satisfactory proof of this compliance.
19. Sole Agreement
This agreement constitutes the sole and only agreement between the parties and supersedes
any prior understandings or written or oral agreements respecting the agreement's subject
matter.
AFA- MAFA_Contract Page 10 of 12 Rev. 10/18/05
Master Advance Funding Agreement
20. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in OMB Circular A -87 that specify that all reimbursed costs are allowable, reasonable
and allocable to the Project.
21. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and
with the property management standard established in Title 49 CFR §18.32.
22. Inspection of Books and Records
The parties to the agreement shall maintain all books, documents, papers, accounting records
and other documentation relating to costs incurred under this agreement and shall make such
materials available to the State, the Local Government, and, if federally funded, the Federal
Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly
authorized representatives for review and inspection at its office during the contract period and
for four (4) years from the date of completion of work defined under this contract or until any
impending litigation, or claims are resolved. Additionally, the State, the Local Government, and
the FHWA and their duly authorized representatives shall have access to all the governmental
records that are directly applicable to this agreement for the purpose of making audits,
examinations, excerpts, and transcriptions.
23. Office of Management and Budget (OMB) Audit Requirements
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502,
ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A -128
through August 31, 2000 and stipulated in OMB Circular A -133 after August 31, 2000.
14. Civil Rights Compliance
The Local Government shall comply with the regulations of the Department of Transportation as
they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive
Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and
supplemented in the Department of Labor Regulations (41 CFR Part 60).
25. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged /Minority Business Enterprise Program
requirements established in 49 CFR Part 26.
26. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549, "Debarment and Suspension." The parties to this
contract shall require any party to a subcontract or purchase order awarded under this contract to
certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy
of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension).
27. Lobbying Certification
In executing this Master Agreement, the signatories certify to the best of his or her knowledge and
belief, that:
a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to
any person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
AFA- MAFA_Contract Page 11 of 12 Rev. 10/18/05
Master Advance Funding Agreement
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with federal contracts, grants, loans, or cooperative agreements, the signatory for
the Local Government shall complete and submit the federal Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
c. The parties shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
By executing an LPAFA under this Master Agreement, the parties reaffirm this lobbying
certification with respect to the individual projects and reaffirm this certification of the material
representation of facts upon which reliance will be made. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
28. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this agreement
on behalf of the party represented.
IN TESTIMONY HEREOF, the pq�ties hereto have caused these presents to be executed in
duplicate counterjJarts. I
"HE LOCAL G
BY
Dougla drN. Stover
Title:
- Mayor Q
Date: ?z &10!� .
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:
kJiccte4MguC011e_rnix or of Contract Services Section
Office of General Counsel
Texas Department of Transportation
Date: / Ca -°
AFA -MAFA Contract Page 12 of 12 Rev. 10/18/05
Master Advance Funding Agreement
ATTACHMENT A
TYPES OF LPAFA FUNDING CATEGORIES UNDER THE MAFA
Federal Categories
Prefix
Federal Categories
Prefix
Interstate
Demonstration Projects
Interstate
I
Hi Priority Corridor on NHS
DPR
Interstate Maintenance
IM
Rural Access Projects
DPR
Interstate 4R Discretionary
IDR
Innovative Projects
DPI
Interstate Constr. Discretionary
ID
Priority Intermodal Projects
DPM
Congestion Corridor
IVH /ITS
Bridges
High Priority Projects
HP
Bridge Repair/Rehab On-System
BR /BH
Other
National Highway System
NH
Surface Transportation Program
Forest Highways
FH
Urban Mobility/Rehab
STP -UM
Areas < 200,000
STATE CATEGORIES
Enhancement
STP -TE
Metro Mobility/Rehab
STP -MM
Preventive Maintenance
CPM
Urban Mobility/Rehab
Farm- to- Market/Farm -to- Market Rehab
A/AR
Urban & Rural Rehabilitation
STP -R
District Discretionary
CD
Rural Mobility Rehab
STP -RM
State Funded Rehab
C
Rail-Hwy Crossing Protective Devices
STP -RXP
Park Road
C
ail-Hwy Crossing Hazard Elimination
STP -RXH
State Funded Mobility
C
Railroad grade Separations
STP -RGS
PASS /PASS Metro Match
C
Safety- Hazard Elimination
STP -HES
Traffic Signals, Signing & Pavement
Markings
C
Miscellaneous
C
Congestion Mitigation & Air Quality
CM
Railroad Replanking
CRX
State Funded Landscape
C /CL
Donor State Bonus*
CLM
Any Area
DB
State Urban Street
CUS
Areas >200,000
DBM
Areas <200,000
DBU
Others per LPAFA exception
Minimum Guarantee
MG
Off - System Bridges Program
BROX
"ISTEA Funding Categories — Not Re-
established in TEA 21
Page 1 of 1 Attachment A
T x E. c' T T - C F DEPT: Engineering
AGENDA REQUEST FORM COPPELL
DATE: October 11, 2005
r o
x ^ b s 9 ITEM #: 11 /B
ITEM CAPTION:
Consider approval of entering into an Interlocal Agreement with Northwest Dallas County Flood Control District
for sediment removal from box culverts beneath Riverchase Drive, in an amount of $45,529.30 as provided for in
the Drainage Utility District fund; and authorizing the Mayor to sign.
CITY COUNCIL
ON ABOVE DATE
IL
A"
EXECUTIVE SUMMARY:
to Approve
M - Tunnell
S - Peters
♦ Ubby Bell
200
414115
Vote - 7 -0 05�
Approval of this agreement will allow the City to participate in another project with Northwest Dallas County
Flood Control District using funds collected from the Drainage Utility District to remove silt from nine box
ulverts beneath Riverchase Drive. The City previously participated with Northwest Dallas County Flood Control
District in sediment removal from box culverts beneath MacArthur Blvd.
Staff recommends approval of the interlocal agreement with Northwest Dallas County Flood Control District and
will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS: Funds are available in the Municipal Drainage Utility District fund for this
agreement.
Agenda Request Form - Revised 09/04 Document Name: #NWDCFCD Interlocal
INTERLOCAL AGREEMENT
WHEREAS, the City of Coppell, Texas, hereinafter referred to as "the City," and the
Northwest Dallas County Flood Control District, hereinafter referred to as "the District" desire to
enter into this Interlocal Agreement, hereinafter referred to as "the Agreement," relative to
removal of sediment from existing culverts beneath Riverchase Drive.; and
WHEREAS, the Texas Interlocal Cooperation Act, contained in Chapter 791 of the
Texas Government Code, authorizes Texas Local governments to contract with one or more
other local governments to perform governmental functions and services under the terms of said
Act; and
WHEREAS, the City and the District concur that this Agreement is in the best interest of
the citizens of Coppell and the District;
NOW, THEREFORE, THIS AGREEMENT, is hereby made and entered into by the
City and the District for the mutual consideration stated herein, subject to the following terms
and conditions, as follows:
I.
The City and the District acknowledge that the removal of sediment will be performed in
accordance with specifications included in the bid that was opened on April 19, 2005 for
"Sediment Removal at Sump # 2, 9, 10 and 14. The location of the sediment removal is from the
existing five 8'x 4'and four 8' x 5' box culverts located on Riverchase Drive, as shown on
Exhibit 1 from Nathan D. Maier Consulting Engineers, Inc. The City and the District agree that
the City will pay the amount of $45,529.30 for the removal of the sediment as shown in Item
INTERLOCAL AGREEMENT PAGE 9
#B1 and C1. in the bid tabulation, attached as Exhibit 2. The City and the District agree that the
,S45,529.30 will be escrowed with the District and that the District will administer the project and
cause the removal of the sediment from the existing five 8'x 4' and four 8' x 5' box culverts
beneath Riverchase Drive.
II.
This Agreement may not be assigned. It embodies the entire agreement between the
parties and may not be amended except in writing.
III
In the event of any disagreement or conflict concerning the interpretation of this
Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories
agree to submit such disagreement to mediation.
IV.
No modifications or amendments to this Agreement shall be valid unless in writing and
signed by the signatories hereto or their heirs, successors and assigns.
V.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas. Venue for any action arising under this Agreement shall lie in Dallas County,
Texas.
VI.
This Agreement shall become a binding obligation on the signatories upon execution by
all signatories hereto. The District warrants and represents that the individual executing this
Agreement on behalf of the District has full authority to execute this Agreement and bind the
District to the same. The City warrants and represents that the individual executing this
INTERLOCAL AGREEMENT PAGE 2
Agreement on behalf of the City has full authority to execute this Agreement and bind the City to
the same.
VII.
This Agreement shall be filed in the deed records of Dallas County, Texas.
EXECUTED this --/� day of
2005, by the Northwest
Dallas County Flood Control District, and by the City of Coppell 1-es� adopted on the day
Of L�,_ ` L) 2005.
NORTHWEST DALLAS COUNTY
FLOOD CONTROL DISTRICT
By:
Wa
President
ATTEST:
APPROVED AS TO FORM:
CITY OF COPPELL, TEXAS
By. f.l
Douglas N. ver
Mayor
ATTEST:
Libby Ball ,' -
City Secretary
APPRO ,VLT AS TO FORM:
Attorney OW SAgAw AP IPM kdke T Robert E. Hag
NlNDe'rGb Adel City Attorney
INTERLOCAL AGREEMENT PAGE 3
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