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ST9904-AG090428 AGENDA REQUEST FORM ' _ H E •` ' T ° F DEPT: Engineering COPPELL },� DATE: April 28, 2009 6 n b Y' ITEM #: 1 5 EJ WORK SESSION El CONSENT REGULAR ITEM TYPE: CONTRACT /BID or PROPOSAL ITEM CAPTION: Consider approval of an agreement between the State of Texas and the City of Coppell in the amount of $552,466.80, plus any cost overruns, for the acquisition of Right -of -Way associated with State Highway 121 from the Tarrant /Dallas County Tine northeasterly to Denton Creek and authorizing the Mayor to sign. GOAL(S): [, EXECUTIVE SUMMARY: Approval of this agreement will obligate the City of Coppell to participate in an amount of ten percent of the total Right -of -Way cost necessary for the completion of SH 121 and allow the state of Texas to begin the process of acquiring Right -of -Way so SH 121 can be completed from the Tarrant /Dallas County line northeasterly to Denton Creek. FINANCIAL COMMENTS: Funds are to be provided by General Fund Undesignated Fund Balance for this agreement. RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Staff recommends approval of the agreement. APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve M - Peters S - Brancheau - Vote - 5 -0 Libby can Hinojosa- Flores & Tunnel! absent 2009.05.04 09 59 05 -osroo' I #SH 121 ROW Contribution T H E C 1 T Y O F COFFELL r <.> , F Q A S MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering /Public Works DATE: April 28, 2009 REF: Consider approval of an agreement between the State of Texas and the City of Coppell in the amount of $552,466.80, plus any cost overruns, for the acquisition of Right -of -Way associated with State Highway 121 from the Tarrant /Dallas County line northeasterly to Denton Creek and authorizing the Mayor to sign. There have been several conversations between representatives of TxDOT and the City of Coppell concerning financial participation by the City of Coppell in the acquisition of Right -of- Way necessary to complete the construction of State Highway 121. The section of State Highway 121 that recently opened is actually the future south bound lanes of State Highway 121. The project that this agreement refers to would be for the necessary Right -of -Way to complete the future north bound lanes of State Highway 121. Once completed, there will be five south bound lanes and five north bound lanes for State Highway 121. Texas Administrative Code, Title 43, Part 1, Chapter 15, Subchapter E, Rule § 15.55 states that for projects on the State Highway System, the local government is required to participate in the amount of 10% for Right -of -Way. (See attached Appendix A table) It should be noted that the city is not required to participate in any of the preliminary or final engineering cost or construction cost of the project, only in 10% of the estimated Right -of -Way cost. Upon urging from the City of Coppell, TxDOT has already performed detailed appraisals on the thirteen parcels of Right -of -Way. Based on the appraisals, TxDOT estimates that the cost per square foot of land will be approximately $8.35. It is conceivable that during the actual negotiations there may be adjustments in the price paid for Right -of -Way or there might actually be a need to acquire Right -of -Way through the process of eminent domain. If those situations happen, the City of Coppell would be required to pay an additional 10% of any increase in cost for the acquisition of the Right -of -Way. I have spoken with representatives of the City of Grapevine and they anticipate going to their council the first week of May for approval of their 10% participation for Right -of -Way acquisition. It's estimated that the total cost of Right -of -Way in Coppell and Grapevine will be about 13.75 million dollars. The portion just in Coppell is estimated to be 7.25 million dollars of which 10% would be $725,000. However, Dallas County is participating in an amount of $172,533.20 which brings our required contribution to $552,466.80. The City of Grapevine will be paying approximately $495,000 and Dallas County will contribute approximately $155,000 to assist the City of Grapevine in acquisition of Right -of -Way that lies within Dallas County. To ensure that this project stays on schedule, it is necessary to move ahead with this agreement so that the Right -of -Way acquisition process can begin. Staff recommends approval of the agreement to participate with TxDOT in the amount of $552,466.80, plus any cost overruns, for the acquisition of Right -of -Way associated with State Highway 121 and will be available to answer any questions at the council meeting. k 0 v 0 • • ;I 1 •M 4 I �s �' AK ( T. 4 i 1 r 3 � � l � ! fi e ! � . y � ' + A w m�1 A y? I t � y� } 1 � e '.. - I - 4 l i i� � +, } A s � ; � C 93 T} e r • }�tS �§ fir ' ' *` - �M� 11 l : - •r{ � ! {! Y "' ^ d e s eta r �j � i. �± x xya, �_I c 1r / ^ NI' 7 ' 44 '.. . _ CI � \W / ^ " i r N 2 r 1 v H Et L ' w ( ..a Et W l.J Z / \ o JR g ' 1- / Z� W i i 3 Wo ,, 1 A V R 131-‘11) a ! Q a / M C' w 03'' a °° SOW o d \ \ I s M $ 3 ti � g o �/ Oa dt11 NO1N , I --► � � � ddb NOlN3A > — 8a -�NII 1138 . _Z , - •,‘...,,. I ,,,.41-* � ' d00 V) \ r 08 11 . / ■ 6 • \ � 0a Y ll3dd00 ° y 1 / a ).M 1a0d33- w � / z a r IX s \ s \ Ni 1 02f ....- !, ii lift I \Z \`, W a ' 4 N r 0 44 z NI 0 s t 26 N 1 p 16 - 18 } 14 { 4 t J J W n. `s a L i 1Ell ESL ic- 1. a o * rt l am: ,�: r 9 Q 1, rya _ �� tinum............. ..,:toi 4V" � ` - .. 14193:;1111111 A ` r � i.',, .$ , `/ .. ,. `. j ti ...Vail P. fi NDRTHPDINT °_ — � .: " , - r ° 1 11 O. r 41 4 0 Lli wX CY Ru a Atli M Y tiara u y `Y f u .' "'" x CREEK V IG VV S. ! 3/24/2009 T COPPELL �2�� * Parcel Sq. Ft. $ /SF Land Improvements Damages /CC Total Comp. El. pt1 $0 $0 $0 Tarrant Co. pt2 593 $13.00 $7,709 $0 $0 $7,709 S•t,rt.,,Locic 7 62 $13.50 $837 $0.00 $0.00 $837 $1,000 Min. -bac (9 pt1 32,724 $7.50 $245,430 $2,225 $0 $247,655 9 pt2 3,164 $7.50 $23,730 F ,,so, �, 11 pt1 279,573 -- $8.00 $2,236,584 $78,128 $12,851 $2,460,043 eth„ c (c ,,,..■C 11 pt2 22,080'' $6.00 $132,480 b r w t.,V,., 12 146,309 $9.30 $1,360,674 $6,619 $0 $1,367,293 euifp 14 134,459 $8.25 $1,109,287 $4,107 $0 $1,113,394 i2 1 3 -5 f7- 16 73,281 $10.50 $769,451 $47,754 $0 $817,205 C -,r 18 49,263 $7.50 $369,473 $133,768 $0 $503,241 T Fw 22 1,450 $7.00 $10,150 $0 $0 $10,150 25 33,977 $7.50 $254,828 $620 $91 $255,539 hc.e.Cgr.c 26 6,621 $7.50 $49,658 $10,560 $1,325 $61,543 27 31,189 $7.50 $233,918 $30 $270 $234,218 AVG. Totals 814,745 $8.35 $6,804,206 $283,811 $14,537 $7,078,824. 1 ¢ k f c 13 w,i t g_ C2tp.bL`L ? 11 pw' 3/24/2009 COPPELL Parcel Sq. Ft. $ /SF Land Improvements Damages /CC Total Comp. 5 pt1 $0 $0 $0 Tarrant Co. 5 pt2 593 $13.00 $7,709 $0 $0 $7,709 7 62 $13.50 $837 $0.00 $0.00 $837 $1,000 Min. 9 44,707 $7.50 $335,303 $2,225 $0 $337,528 11 Tr.1 279,573 $8.00 $2,236,584 $78,128 $12,851 $2,460,043 11 Tr.2 22,080 $6.00 $132,480 12 177,960 $9.30 $1,655,028 $6,619 $0 $1,661,647 14 150,509 $8.25 $1,241,699 $4,107 $0 $1,245,806 16 75,543 $10.50 $793,202 $47,754 $0 $840,956 18 49,263 $7.50 $369,473 $133,768 $0 $503,241 22 1,450 $7.00 $10,150 $0 $0 $10,150 AVG. Totals 801,740 $8.46 $6,782,464 $272,601 $12,851 $7,067,916 ( 9 :0. ; n at.1 «Prey Rule Texas Administrative Code Next Rule» TITLE 43 TRANSPORTATION PART 1 TEXAS DEPARTMENT OF TRANSPORTATION CHAPTER 15 TRANSPORTATION PLANNING AND PROGRAMMING SUBCHAPTER E FEDERAL, STATE, AND LOCAL PARTICIPATION RULE §15.55 Construction Cost Participation (a) Required cost participation. The commission may require, request, or accept from a local government matching or other funds, rights -of -way, utility adjustments, additional participation, planning, documents, or any other local incentives. (b) Economically disadvantaged counties. In evaluating a proposal for a highway improvement project with a local government that consists of all or a portion of an economically disadvantaged county, the executive director shall, for those projects in which the commission is authorized by law to provide state cost participation, adjust the minimum local matching funds requirement after receipt of a request for adjustment under paragraph (3) of this subsection. (1) Commission certification. The commission will certify a county as an economically disadvantaged county on an annual basis as soon as possible after the comptroller reports on the economic indicators listed under §15.51(7) of this subchapter (relating to Definitions). (2) Local match adjustment. In determining the adjustment to the local matching funds requirement, and a local government's effort and ability to meet the requirement, the commission will consider a local government's: (A) population level; (B) bonded indebtedness; (C) tax base; (D) tax rate; (E) extent of in -kind resources available; and (F) economic development sales tax. (3) Request for adjustment. The city council, county commissioners court, district board, or similar governing body of a local government that represents all or a portion of an economically disadvantaged county, shall submit a request for adjustment to the local district office of the department. The request will include, at a minimum: (A) the proposed project scope; (B) the estimated total project cost; (C) a breakdown of the anticipated total cost by category (e.g., right -of -way, utility adjustment, plan preparation, construction); (D) the proposed participation rate; (E) the nature of any in -kind resources to be provided by the local government; (F) the rationale for adjusting the minimum local matching funds requirement; and (G) any other information considered necessary to support a request. (4) Timing of determination. The executive director will determine whether to make an adjustment at the time the local government submits a proposal for a highway improvement project. (5) Definition. For purposes of this subsection, "executive director" means the executive director or his or her designee, not below the level of district engineer or division or office director. (c) Participation ratios. The following Appendix A to this section establishes federal, state, and local cost participation ratios for highway improvementprojects, subject to the availability of funds to the department. Attached Graphic (d) Off -state highway system bridge program. (1) Definitions. The following words and terms, when used in this subsection, shall have the following meanings, unless the context clearly indicates otherwise. (A) Bridge - -For an equivalent -match project, a bridge or other mainlane cross - drainage structure, including low water crossings (with or without conduit). (B) Deficient bridge - -A bridge having a structural load capacity or other safety condition that is inadequate. (C) District engineer - -The chief executive officer in each designated district office of the department. (D) Equivalent -match project - -A project in which the local government will improve the structural load capacity or other safety condition of off -state system bridges utilizing 100% local funds. (E) Participation- waived project - -An off -state system bridge project in which the state agrees to pay for local participation for eligible preliminary engineering, construction, and construction engineering costs as shown in subsection (c) of this section. This project must be authorized for development only, or for development and construction, on the department's approved Unified Transportation Program, satisfy minimum standards established by the department for off -state system bridges, and meet the additional requirements of this subsection. (F) Safety work - -Work performed as part of an equivalent -match project that improves the safety of the project. This work may include, but is not limited to, providing improved structural load capacity, improved hydraulic capacity, increased roadway width, adequate bridge rail, and adequate approach guardrail. (2) Waiver. The district engineer may waive the requirement for a local government to provide the original 10% estimate of direct costs for preliminary engineering, construction engineering, and construction funds on the participation- waived project(s) if the local governmental body commits by written resolution or ordinance, as described in paragraph (4) of this subsection, to spend an equivalent amount of funds for structural improvement or other safety work on another bridge or bridges on the equivalent -match project(s) within its jurisdiction or the jurisdiction of a geographically adjacent or overlapping governmental unit. An equivalent amount includes, but is not limited to, expenditures for direct or indirect costs for structural improvement or other safety work on bridge(s) in the equivalent -match project(s). Work on one or more equivalent -match projects may be credited to one or more participation- waived projects. (3) Eligibility. A local government is eligible for a waiver if: (A) the construction contract for the participation- waived project has not been awarded; (B) work on the equivalent -match project has not begun prior to approval of the waiver (approval of the waiver does not guarantee that the participation- waived project agreement will be executed); (C) the local government is in compliance with load posting and closure regulations as defined in the National Bridge Inspection Standards under 23 C.F.R. §650.303; (D) the bridge on the proposed equivalent -match project(s) is a deficient bridge, or a bridge that is weight restricted for school buses; and (E) the equivalent -match project increases the structural load capacity of the existing bridge, replaces the bridge with a new bridge, or otherwise increases safety, with a minimum upgrade to safely carry expected school bus loading. (4) Request for waiver. To request a waiver, a local government must provide a written request to the district engineer that includes the location(s), description of structural improvement or other safety work proposed, estimated cost for the equivalent -match project(s), and a copy of the local governmental body's resolution or ordinance. The resolution or ordinance must acknowledge assumption of all responsibilities for engineering and construction and complying with all applicable state and federal environmental regulations and permitting requirements for the bridge(s) on the equivalent -match project(s). (5) Considerations. In approving a request for waiver, the district engineer will consider: (A) the type of work proposed for the equivalent -match project(s); (B) regional transportation needs; and (C) past performance under this subsection. (6) Approval. The district engineer will submit a letter to the local government indicating the district engineer's approval or disapproval of the waiver. If disapproved, the letter will state the reasons for disapproval. If the waiver is approved, the letter will state that the local government, for the equivalent -match project(s) will assume: (A) all costs of the work; (B) responsibility for complying with all applicable state and federal environmental regulations and permitting requirements; and (C) responsibility for the engineering and construction necessary for completion of the work. (7) Agreement and conditions. (A) If the district engineer approves the waiver, the local government and the department will enter into an agreement for the participation- waived project as specified in §15.52 of this subchapter. One or more participation- waived project agreements can utilize one or more common or independent equivalent -match projects if the total equivalent -match project amount equals or exceeds the total remaining local participation amount being waived at the time the agreement is executed, and the common agreements are adequately cross - referenced. Previously executed agreements may be amended to incorporate these participation waiver provisions, or to utilize an additional equivalent - match project(s) for any outstanding amount not previously waived, provided the construction contract for the participation- waived project has not been awarded and the equivalent -match work has not begun. (B) Local governments will be allowed a maximum of three years after the contract award of the participation- waived project(s) to complete structural or other safety improvements on the equivalent -match project(s). If more than one participation- waived project utilizes a common equivalent -match project, the time period allowed for completion of the equivalent -match project(s) will begin when the first of the participation- waived projects is awarded. The district engineer may specify a period less than three years for completion of equivalent -match projects if project specific conditions warrant. If specified, the shorter allowable work period must be explicitly stated in the agreement(s). No later than 30 days after completion, documentation of completion of the equivalent -match project(s) requirement will be provided by letter to the district engineer. If the local government fails to adequately complete the equivalent -match project(s), it will be excluded from future waivers under this subsection for a minimum of five years. The district engineer may grant an extension to the three -year completion requirement if a contract for the equivalent -match project(s) has been executed within that three years and the contract timeline for completion is reasonable. In the absence of information suggesting that a shorter or longer period is appropriate, two years or less will be presumed to be a reasonable time, for a maximum of five years to complete the equivalent -match project(s) following award of the programmed bridge. The granting of an extension to the three -year time limit must be done in writing in response to a written request to the district engineer from the local government. The extension approval must specify a new required completion date. (C) With the approval of the district engineer, an equivalent -match project(s) may be substituted by subsequent amendment to the participation- waived project agreement(s). A substitution may be allowed for unforeseen circumstances, including but not limited to, an equivalent -match project that is selected for replacement under some other program of work. Work on the substituted equivalent -match project(s) must be completed within a maximum of three years after the award of the construction contract for the original participation- waived project. (D) The local government is responsible for all of the direct cost of any participation - waived project cost item or portion of a cost item that is not eligible for federal participation under the Federal Highway Bridge Replacement and Rehabilitation Program under 23 U.S.C. §144 and 23 C.F.R. §650 Subpart D. The local government is also responsible for any costs resulting from changes made at the request of the local government. (E) The local government will be responsible for 100% of right of way and utilities for the participation- waived project. (F) A local government located in an economically disadvantaged county that receives an adjustment under subsection (b) of this section may participate in the provisions of this subsection in the amount of its reduced matching funds requirement. (G) The department will not reimburse funds already received by the department under the terms of existing agreements. Funds already received for a specific project(s) may be credited against the local government's required participation for the subsequent participation- waived project agreement(s) for that same project(s). (H) Any equivalent -match project(s) cost that is in excess of the local government's required participation for a specific participation- waived project agreement(s) cannot be credited for use on a future participation- waived project(s). (I) Each equivalent -match project(s) must be specifically identified in the participation- waived project agreement(s) at the time of execution. (J) The local government must pay its funding share of the estimated participation - waived project cost, as provided in §15.52(6)(A) of this subchapter, for any local participation balance that is remaining at the time the project agreement(s) is executed. This balance would include any remaining required local participation amount in excess of the amount waived as a result of credit for equivalent -match work to be performed as part of the agreement. Source Note: The provisions of this §15.55 adopted to be effective September 26, 1996, 21 TexReg 8957; amended to be effective January 1, 1998, 22 TexReg 12090; amended to be effective January 1, 1998, 22 TexReg 12090; amended to be effective February 21, 1999, 24 TexReg 1194; amended to be effective August 20, 2000, 25 TexReg 7781; amended to be effective November 14, 2001, 26 TexReg 9227; amended to be effective September 19, 2002, 27 TexReg 8776; amended to be effective January 9, 2005, 29 TexReg 12241; amended to be effective January 5, 2006, 30 TexReg 8995 s. � o .- w 7 .g -� *' 'C "� v v cs • .r .. o ;"1" e w C%] :.! 711 N . o a+ W 0 0 0 0 O w o 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 ■-+ I a1 .--+ I 00 N C - i o0 .... r■I z • .6 R. z" ' ,.+ i. a U = wCi) 4.1 C4 0 4.4 CA O O 0 0 O W o p' \\ '\ o 1 o U o o O o o O p p o 0 0 r-. , a1 •-+ • 00 N •--+ , 00 N e • 6 •E y y bA ^ }' - 0 - . -d y o w vD 0 O 0 O 0 p o 0 0 o p O p o © p — 1 a, -. , 00 N .-. , 0o N cd E-+ a) Y. Ct 5 x o u� n a) 4-, ��'^ In 0 Q. ° U GO') 0 o to 8 U v o 1. E X o �, a) L CL Q = co • 0 c.4 o 0 O C O Q co CD I p O i as U CI 0 o O o 0 0 0 0 0 o 0 0 0 ° 0 0 0 0 0 oo o 10 o 10 t0 N to 1� ti 1 CD M (4). n- O N - N. .. N O N c, O N z co t1)I N O C N o O U M o — cf) c Q J -� —J Q J F- C 1— U M o O I I O � O 1 co F- N 0 '• Z 0 > d W �(7 co e c Ir CD N • N t 1� J I a 0 U I jiw Air Texas Department of Transportation P.O. BOX 133067 • DALLAS. TEXAS 75313 -3067 • (214) 320 -6100 July 13, 2009 City of Coppell Mr. Kenneth Griffin, P.E. PO Box 9478 Coppell, Texas 75019 RE: Dallas County RCSJ 0364 -02 -020 SH 121: From Tarrant Co. Line to Denton Creek Dear Mr. Griffin: Enclosed is an "Agreement to Contribute Funds - Local Government" for the above project executed by all parties. Please process and return a warrant in the amount stated in the Agreement. Send the warrants to my attention and make payable to the Texas Department of Transportation. Once we receive the warrant, it along with the original signed agreements will be forwarded to Austin Right of Way Division for final signatures. You will receive an original signed copy of the agreement once they are finalized. Should further information or assistance be required, please contact Cecil Saldana at 214 - 320 -6267. Sincerely, Travis W. Henderson Dallas District Right of Way Administrator CS Enclosures cc: File THE TEXAS ['LAN REDUCE CONGESTION • ENHANCE SAFETY • EXPAND ECONOMIC OPPORTUNITY • IMPROVE AIR QUALITY INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS An Equal Opportunity Employer Form ROW -RM -129 Replaces Form ROW- RM -129 nod 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 Coppell, Texas, acting by and through its duly authorized officials pursuant to Minutes dated the 28th day of April, 2009, hereinafter called the Local Government, and the County of Dallas, acting by and through its duly authorized officials pursuant to an Order dated the 30th day of June , 20 09 , 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. SH 121 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 of way 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 TAC, §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 one final payment to the State being the remaining balance of its SH 121 Transportation Bond Program Funds in the amount not to exceed $172,533.20 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 $ 552,466.80, which, together with the Dallas County contribution of $172,533.20, represents ten percent (10 %) of $ 7,250,000.00, 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 written 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 'rortn ROW -RM -129 (Rev. 6120)16) Pap 2ot 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 under 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 inform ' n the state audito considers relevant to the investigation or audit. CITY 0 COP ELL EXECUTION RECOMMENDED: I � ,� By :__ _ , l "� ! By:- 4 / /1"1" Doug s N Stove , Mayor istrict Engineer, Dallas District APPROVED A` ' '41110. Date: 5( /0'1 i 0 1 ' 1 r - - tf e �� _ THE STATE OF TEXAS Office of the City Attorney Executed and approved for the Texas Transportation **************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Commission for the purpose and effect of activating and/or carrying out the orders, established policies or DALLA COUNTY work programs heretofore approved and authorized by the ' Texas Transportation Commission. rid ,�;`�0STER By: County Judge John P. Campbell, P.F. Right of Way Division Director Date: June 30, 2009 Date: Form ROW -RM -129 Replaces Form ROW -RM -129 and ROW -RM -130 (Rev. (,!2006) C;SD -EPC Page I of 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 Coppell, Texas, acting by and through its duly authorized officials pursuant to rYll' nu 4 dated the � day of pra I , 2001 , 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 behaljof 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. SH 21 with the following project limits :: From: Tarrant County Line "I'o: 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 of way 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 TAC, §15.55 for the cost of acquiring said right of way and relocating or adjusting utilities for the proper improvement of the State IIighway 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 vo luntarily contribute to the State a portion of the final balance payment of its .S1-1 121 Transportation Bond Program Funds in the amount of $107,804.26, and a portion of the final balance payment of its 1977 Transportation Bond Program Funds in the amount of $64,728.94, 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 oldie 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 $ 552,466.80, which, together with the Dallas County contribution of $172,533.20, represents ten percent (10 %) of $ 7,250,000.00, 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 written 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-KM-129 (Rev. 6/200(,) Page 2of2 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 under 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 informs ' - the state auditor considers relevant to the investigation or audit. CITY OF OPP LL / EXECUTION RECOMMENDED: 13y: ♦ / % r By: Dou.la N. Stover, Mayor District Engineer, Dallas District APPR(V C . A' l' 0 M: Date: THE STATE OF TEXAS 0 lc of the City Attorney Executed and approved for the Texas Transportation ************** * * * * * * * * * * * * * * * * * ** * * * * * * * * * * ** Commission for the purpose and effect of activating and /or carrying out the orders, established policies or DALLAS COUNTY work programs heretofore approved and authorized by the Texas Transportation Commission. By: JIM FOSTER By: County Judge John P. Campbell, P.E. Right of Way Division Director Date: Date: CITY OF COPPELL Post Office Box 9478, Coppell, Texas 75019 (972) 462 - 0022 INVOICE DATE INVOICE NO. REMARKS ACCOUNT AMOUNT ^- 7- 15- 091'0W -121 ROW ON SH 121 01 -00 -03 -5120 552,466.80 L J.____ __ T H E G 1 T Y O F 181966 C O J' FE[I P.O. Box 9478 CHECK NO. 181 b 6 Coppell, Texas 75019 .totes, y , ,., ( 972) 462 -0022 FROST NATIONAL BANK t a c1 r 3 f ; .d' 1- e"' `" o CHECK DATE F .T q ' S ' 07 -24 -2009 PAY * * * * ** *552,466 DOLLARS AND 80 CENTS TO THE ORDER OF PAY THIS AMOUNT * ** *552,466.80 VOID AFTER 90 DAYS TEXAS DEPARTMENT OF TRANSPORTATION c- A, ; , P.O. BOX 133067 DALLAS, TX 75313 -3067 -+- _.; 0LaL96611' 1 :LL40000931: 95 0002L6911' (6/11/2009) Carol Dye - Re: SH 121 Funnel Agreement Page 1 From: Ken Griffin To: CSALDAN @dot.state.tx.us, Libby Ball, Carol Dye Date: 6/9/2009 3:34 PM Subject: Re: SH 121 Funnel Agreement Cecil Since the change of where Dallas County gets their funding is not germane to the portion of the agreement that concerns Coppell, there is no problem with just changing the first page. Ken Griffin, P. E. Original Message From: "Cecil Saldana" <CSALDAN @dot.state.tx.us> To: Ken Griffin <KGRIFFIN @ci.coppell.tx.us> Cc: Travis Henderson <THENDER @dot.state.tx.us> Sent: 6/9/2009 3:16:16 PM Subject: SH 121 Funnel Agreement Ken, Dallas County made a change to page 1 of the agreement. I attached a copy of the revised page 1 and the original page 1 so you can see the difference. As you will see, the County changed the bond program that their funds are coming from. It did not change the total amount they are contributing or any other part of the agreement that pertains to the City. They just want to be accurate in stating which program their funds are coming from. At this time we are asking the City's permission to replace the original page 1 with the revised page 1. This will save time and effort of having 4 new copies signed. Please let me know if this solution is acceptable as soon as possible. Otherwise if you have any questions please contact me. Thank you very much for your cooperation. Cecilio "Cecil" Saldana, LPA Coordinator Texas Department of Transportation Dallas District 4777 E. Hwy US 80 Mesquite, Tx 75150 Ph. 214 - 320 -6267 Fax 214 - 320 -4429