HomeMy WebLinkAboutItem 03 - State Highway 121 Funding 'TM ._
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER 01%
MEETING DATE: MAY 5, 2009
SUBJECT: State Highway 121 LOCAL FUNDING AGREEMENT — TXDOT
DALLAS DISTRICT
RECOMMENDATION:
City Council consider approving a Local Government Funding Agreement with TxDOT
for the City of Grapevine's funding participation in right of way acquisition for State
Highway 121 in northeast Grapevine in an amount of $ 495,300.93, authorize the City
Manager to execute said agreement, and take any necessary action.
FUNDING SOURCE:
Funds are available and programmed in 1999, 2002 and 2006 GO Bonds
BACKGROUND:
The Dallas District staff has completed right of way appraisals and now is preparing for
acquisitions in that part of the State Highway 121 corridor in northeast Grapevine and
northwest Coppell where Phase I has been completed. These acquisitions are
necessary for the construction of Phase II of the State Highway 121 improvements.
Phase II of the project includes:
• service road reconstruction,
• construction of the northbound main lanes from the Tarrant/Dallas County line
northeast to Denton Creek,
• two new northbound main lane bridges at Grapevine Mills Boulevard
North/Sandy Lake Road and Freeport Parkway, and
• braided ramps
Phase I has been a great success in removing the main lane traffic from the at grade
signalized crossings at Grapevine Mills Boulevard North/Sandy Lake Road and Freeport
Parkway. It has, however, limited access to the area from the main lanes due to the
limited existing right of way. To implement Phase II of the project and provide the
desired access to both cities, several braided ramps are planned. These ramp
configurations require much more right-of-way than standard ramps.
O:lagenda1200915-5-091LFA SH 121 Dallas Dist Memo
April 30,2009(3:18PM)
From the City of Grapevine's perspective, Phase II is critical to re-establish the full
access to Grapevine Mills and the surrounding commercial areas. This $150+ Million
Roadway project, when completed, will provide three main lanes and three service road
lanes in each direction and should serve the area well for years to come.
TxDOT requires that local governments provide 10% of the funding for these projects.
The estimated cost of right-of-way on the Grapevine side of the project is $6.4 Million.
Dallas County has committed $154,699.07 in funds which represents approximately
24% of the local share with the balance of $495,300.93 being the responsibility of
Grapevine.
Coppell is providing funding for acquisition along their side of the project length in
combination with Dallas County in a similar arrangement. The Coppell City Council
approved their participation on April 28, 2009.
We have funds programmed and available for this cost participation.
Staff recommends approval.
O:\agenda\2009\5-5-09\LFA SH 121 Dallas Dist Memo
April 30,2009(3:19PM)
Form ROW-RM-129
Replaces Form ROW-RM-129 and ROW-RM-130
(Rev.6/2006)
GSD-EPC
Page 1 of 2
AGREEMENT TO CONTRIBUTE FUNDS-LOCAL GOVERNMENT
County:Dallas Federal Project No: ROW CSJ No: 0364-02-020
District: Dallas Highway: SH 121 CONST CSJ No. 0364-02-017
This Agreement by and between the State of Texas, acting by and through the Texas Department of
Transportation, hereinafter called the State, the City of Grapevine, Texas, acting by and through its duly
authorized officials pursuant to an Ordinance dated the day of , ,hereinafter called the Local
Government, and the County of Dallas, acting by and through its duly authorized officials pursuant to an Order
dated the day of , 20 , shall be effective on the date of approval and execution by and
on behalf of the State.
WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire
right of way and adjust utilities for a highway project on Highway No. SIT 21 with the following project limits:
From:Tarrant County Line
To:Denton County Line near Denton Creek(Dallas County portion only) ; and
WHEREAS. the Local Government requests that the State assume responsibility for acquisition of all
necessary right away and adjustment of utilities for said highway project; and
WHEREAS, the Local Government desires to voluntarily contribute to the State funding participation as
defined in 43 LAC, §15.55 for the cost of acquiring said right of way and relocating or adjusting utilities for the
proper improvement of the State Highway System;
WHEREAS, the Local Government requests that Dallas County provide assistance in funding its share of the
cost of acquiring said right of way and relocating or adjusting utilities;
WHEREAS, the County of Dallas desires to voluntarily contribute to the State a portion of the final balance
payment of its SH 121 Transportation Bond Program Funds in the amount of$96,660.92, and a portion of the
final balance payment of its 1977 Transportation Bond Program Funds in the amount of $58,038.15, for the
benefit of the Local Government's funding participation for said highway project;
NOW,THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived
therefrom, the Local Government shall contribute to the State an amount equal to ten percent(10%)of the cost
of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement,
duly executed by the Local Government,a warrant or check in the amount of$495,300.93,which,together with
the Dallas County contribution of$154,699.07,represents ten percent(10%)of$6,500,000.00,the estimated
total cost of the right of way. If however,it is found that this amount is insufficient to pay the Local
Government's obligation,then the Local Government will within thirty(30)days after receipt of a V3Titten
request from the State for additional funds,transmit to the State such supplemental amount as is requested. The
cost of providing such right of way acquired by the State shall mean the total value of compensation paid,either
through negotiations or eminent domain proceedings,to the owners for their property interests,plus costs related
to the relocation,removal or adjustment of eligible utilities.
Whenever funds are paid by the Local Government to the State under this agreement,the Local Government •
shall remit a warrant or check made payable to the"Texas Department of Transportation Trust Fund." The
Form ROW-RM-129
(Rev.6/2006)
Page 2 of 2
warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the
escrow account may only be applied to this highway project. Upon completion of the highway project and in the
event the total amount as paid by the Local Government is more than ten percent(10%)of the actual cost of the
right of way,any excess amount will be returned to the Local Government by the State,or upon written request
of the Local Government,the excess amount may be applied to other State highway projects in which the Local
Government is participating.
In the event any existing,future,or proposed Local Government ordinance,commissioners court order, rule,
policy,or other directive,including,but not limited to,outdoor advertising or storm water drainage facility
requirements,is more restrictive than State or federal regulations,or any other locally proposed change,
including,but not limited to,plats or re-plats,results in any increased costs to the State,then the Local
Government will pay one hundred percent(100%)of all such increased costs,even if the applicable county
qualifies as an economically disadvantaged county.The amount of the increased costs associated with the
existing, future,or proposed Local Government ordinance,commissioners court order,rule,policy,or other
directive will be determined by the State at its sole discretion.
The Local Government shall maintain all books,papers,accounting records and other documentation relating to
costs incurred under this agreement and shall make such materials available to the State and,if federally funded,
the Federal Highway Administration (FHWA)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 agreement or until any impending litigation, or claims are resolved. Additionally,the State and 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. The State auditor
may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement
or indirectly through a subcontract under this agreement. Acceptance of funds directly wader this agreement or
indirectly through a subcontract under this agreement 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.
CITY OF GRAPEVINE EXECUTION RECOMI`r'IENDED:
By: By:
BRUNO RUMBELOW District Engineer,Dallas District
City Manager
Date:
APPROVE ) AS TO FORM:
THE STATE OF TEXAS
JOAN F.BOYLE,JR. Executed and approved for the Texas Transportation
Office of the City Attorney 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
DALLAS COUNTY Texas Transportation Commission.
By: By:
JIM FOSTER John P.Campbell,P.E.
County Judge Right of Way Division Director
Date: Date: