HomeMy WebLinkAboutResolution - 4324 - Contract- TDOT- Reconstruction & Widening Of 98Th St, Indiana Ave To Slide Rd - 11_18_1993aCSuluClon No. 4J64
November 18, 1993
Item #13
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City
of Lubbock an Agreement and all related documents by and between
the City of Lubbock and Texas Department of Transportation for
the construction of a (6) six lane roadway located at 98th Street
from Indiana Avenue to FM 1730 (Slide Road) for the City of
Lubbock, which contract is attached hereto, which shall be spread
upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this
1993.
ATTEST:
&,J,- a c�"2'j
Bett . Jdhnson, City Secretary
APPROVE AS TO CONTENT:
rry Hert , City Engineer
APPROVED AS TO FORM:
18th day of November
J artsell/ Assistant City Attorney
JH:dp\Asends #3\TD?.Res
November S, 1993
Resolution No. 4324
November 18, 1993
Item #13
STATE OF TEXAS
COUNTY OF TRAVIS
Lubbock County
CSJ: 905-06-903
98th St.: From Indiana Ave.
to FM 1730 (Slide Road)
A G R E E M E N T
(SURFACE TRANSPORTATION PROGRAM -
METROPOLITAN MOBILITY REHABILITATION)
THIS AGREEMENT, is made by and between the State of Texas, acting by and through
the Texas Department of Transportation, hereinafter called the "State" and the
Lubbock Urban Transportation Study, a Metropolitan Planning Organization,
chartered under the laws of the State of Texas, acting by and through the City
of Lubbock, Texas, hereinafter called the "City".
W I T N E S S E T H
WHEREAS, the Intermodial Surface Transportation Efficiency Act of 1991, ("ISTEA")
codified under Title 23 U.S.C. Section 101 et seq., establishes the National
Intermodial Transportation System that is economically efficient and
environmentally sound, provides the foundation for the nation to compete in the
global economy, and will move people and goods in an energy efficient manner; and
WHEREAS, Title 23 U.S.C. Section 133 establishes that surface transportation
programs should be developed and implemented by the States' Transportation
Agencies; and
WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning
Organizations ("MPO's") and the States' Transportation Agencies develop
transportation plans and programs for urbanized areas of the State; and
WHEREAS, the State and the City desire improvements to 98th Street from the
limits of Indiana Avenue to FM 1730 (Slide Road), as shown in "Exhibit A", to be
hereinafter identified as the "Project"; and
10/01/93 Page 1 of 9
WHEREAS, Title 23 U.S.C. Section 120 establishes that the Federal share of
funding for surface transportation programs will not exceed eighty percent (80%)
of the cost of the Project; and
WHEREAS, the City has offered to participate in the development and construction
of the Project by providing funding, acquiring the necessary right-of-way,
accomplishing the adjustment of utilities, and other necessary items required by
the State; and
WHEREAS, on the 18tday of November , 1993, the Lubbock City Council passed
Resolution No. 4324 , attached hereto and identified as "Exhibit B",
authorizing the City's participation in the development of the Project; and
WHEREAS, the State will secure the federal cost share, prepare the engineering
documentation, let the construction contract, provide the construction
inspection, provide other items as required; and
WHEREAS, on the me day of ` VI-Y , 191J, the Texas Transportation
Commission passed Minute Order /6 2 S V X- , attached hereto and
identified as "Exhibit C", authorizing the Project through the State
Transportation Improvement Program;
A G R E E M E N T
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:
1. CONTRACT PERIOD
This agreement becomes effective upon final execution by the State and shall
terminate upon completion of the Project or unless terminated or modified as
hereinafter provided.
2. SCOPE OF PROJECT
A. The State and the City agree that the scope of the Project will consist of the
removal of the existing pavement and the construction of a six (6) lane roadway
with a continuous left turn lane. Construction will consist of, at a minimum, the
subgrade, base, surface, curb and gutter, and other items as authorized by the
Texas Transportation Commission.
10/01/93 Page 2 of 9
B. The Project will be designated as a METROPOLITAN HIGHWAY for the limited
purpose of constructing the roadway facility; however any existing city street
within the limits of the Project will not be designated or incorporated therein
prior to the State's award of the construction contract.
C. The City will continue to provide maintenance for all city roads within the
limits of the Project until the State's award of the construction contract.
3. ACQUISITION OF RIGHT-OF-WAY
The City shall assume the costs and shall be responsible for the acquisition of
all right-of-way required for the construction of the Project. The City will
comply with all the requirements of 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. Documentation to support such compliance must
be maintained and must be made available.to the State and its representatives for
review and inspection.
4. RIGHT-OF-WAY DESCRIPTION
The City will prepare right-of-way maps, property descriptions and other data as
needed to properly describe the right-of-way which the City is to acquire. The
right-of-way maps and property descriptions shall be submitted to the State for
approval prior to the City acquiring the necessary right-of-way. Tracings of the
right-of-way maps shall be retained by the City for its permanent records.
5. RELOCATION ASSISTANCE
The City shall assume the responsibility of providing relocation assistance as
may be determined to be eligible under the Relocation Assistance Program. The
City will comply with Title II of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et
seq.
6. UTILITY ADJUSTMENTS/RELOCATIONS
If the required right-of-way encroaches upon existing utilities and the proposed
highway construction requires the adjustment, removal or relocation of such
utility facilities, the City will establish the necessary utility work. Unless
10/01/93 Page 3 of 9
otherwise provided by the owners of the utility facilities, the City shall be
responsible for all eligible costs associated with the adjustment, removal or
relocation of such utility facilities, and such adjustment, removal or relocation
shall be in accordance with applicable State law, local ordinances, franchise
agreements, regulations, policies and procedures. In the event additional
utilities are required to be adjusted, removed or relocated during the
construction of the Project, the City will be responsible for all costs
associated with the additional utility work, unless this work is provided by the
owners of the utility facilities.
7. ENVIRONMENTAL MITIGATION
A. The City will be responsible for the mitigation and remediation of any
environmental problems associated with the development and construction of the
Project. Should environmental problems be discovered upon completion of the
environmental assessment, the City shall provide to the State written
certification from the appropriate regulatory agency(s) that the environmental
problems have been remedied. The State will not let the construction contract
until all environmental problems have been remediated by the City.
B. All costs associated with the remediation of the environmental problems shall
be the responsibility of the City and/or the property owner(s). These costs will
not be credited to the City's financial share towards the Project.
8. ENGINEERING RESPONSIBILITIES
A. The State will prepare or cause to be prepared the Project's preliminary
engineering necessary for the development of the plans, specifications and
estimates (P.S.& E.). Development of the preliminary engineering shall include
the environmental assessment and conducting public hearings.
B. The P.S.& E. shall be developed by the State in accordance with the State's
Standard Specifications for Construction of Highways. Streets and Bridges or its
currently approved revisions. The State shall submit the completed P.S.& E. to
the City for a thirty (30) day review period.
10/01/93 Page 4 of 9
9. CONSTRUCTION RESPONSIBILITIES
A. The State shall advertise for construction bids, issue bid proposals, receive
and tabulate the bids and award a contract for construction of the Project in
accordance with existing procedures and applicable laws. Any field changes,
supplemental agreements or additional work orders which may become necessary
subsequent to the award of the construction contract shall be subject to the
approval of the State.
B. The State will supervise and inspect all work performed by the construction
contractor and will provide such engineering, inspection and testing services as
may be required to ensure that the construction of the Project is accomplished
in accordance with the approved P.S.& E. The City will be allowed to review the
construction work being performed by the State's contractor in coordination with
the State's representative.
C. Upon completion of the Project, the State will issue to the City a
"Notification of Completion", acknowledging that the Project has been completed.
Upon the City's receipt of the "Notification of Completion", the roadway will be
removed from the State Highway System and will revert under the jurisdiction of
the City.
10. MAINTENANCE RESPONSIBILITIES
Upon completion of the Project, the City will assume responsibility for
maintenance of the completed roadway facility.
11. FUNDING RESPONSIBILITIES
A. The estimated cost associated with the design and construction of the Project
is $ 2,860,000
B. The State will be responsible to secure the federal share of funding required
for the development and construction of the Project. The City will be responsible
for any non-federal participation costs associated with the Project.
C. Upon execution of this agreement, the City will submit a check or warrant made
payable to the "Texas Department of Transportation" in the amount of
$ 37,400 . This amount is based on twenty percent (20%) of the estimated
10/01/93 Page 5 of 9
costs for the development of the preliminary engineering and the plans,
specifications and estimates.
D. Sixty (60) days prior to the date set by the State for receipt of the
construction bids, the State will notify the City that its additional financial
share of the construction is required. The City shall remit a check or warrant
payable to the "Texas Department of Transportation" in the amount specified by
the State within thirty ( 30 ) days of receipt of the State's written notification.
E. The State will perform an audit of all costs associated with the Project upon
completion. In the event additional funding is required from the City at any time
during the development of the Project, the City will provide the funds within
thirty (30) days from receipt of the State's written notification. In the event
any funds are due the City due to overpayment by the City, the State will
promptly make arrangements to provide the funds to the City.
12. INDIRECT COST RECOVERY PLAN
Article 6252-5f, V.T.C.S., requires the State to recover indirect costs based on
a percentage of the State's actual direct costs to complete the Project. The
indirect costs will be in accordance with the State's Indirect Cost Recovery Plan
and will be based on the City's funding percentage provided herein. The indirect
cost percentage will be determined by the State and is revised each State fiscal
year. The State will notify the City of the indirect cost percentage.
13. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by the
City shall remain the property of the City and 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 and to the City without
restriction or limitation on their further use. Upon completion of the Project,
the State will furnish to the City a set of reproducible final plans.
14. TERMINATION
A. This agreement may be terminated by any of the following conditions:
(1) By mutual written agreement and consent of both parties.
10/01/93 Page 6 of 9
(2) By either party, upon the failure of the other party to fulfill the
obligation as set forth herein.
B. The termination of this agreement shall extinguish all rights, duties,
obligations and liabilities of the State and City under this agreement. If the
potential termination of this agreement is due to the failure of the City or the
State to fulfill its contractual obligations as set forth herein, the City or the
State will notify the other party that possible breach of contract has occurred.
The City or the State should make every effort to remedy the breach as outlined
by the other party within a period mutually agreed upon by both parties.
C. Upon termination of this agreement, any fund paid in advanced by the City and
not expended by the State shall be returned to the City as promptly as possible.
15. INDEMNIFICATION
To the extent permitted by law, the City shall indemnify and save harmless the
State, its officers, employees, agents and contractors from all claims and
liabilities due to the activities of the City, its officers, employees, agents
and contractors performed under this agreement and which result from an error,
omission or negligent acts of the City, its officers, employees, agents or
contractors. Additionally, to the extent permitted by law, the City shall save
harmless the State, its officers, employees, agents and contractors from any and
all expenses, including attorneys fees and court costs which may be incurred by
the State in litigation or otherwise resisting said claim or liabilities which
might be imposed on the State as the result of such activities by the City, its
officers, employees, agents or contractors.
16. AMENDMENTS
Any changes in the time frame, character, agreement provisions or obligations of
the parties hereto shall be enacted by written amendment executed by both the
City and the State.
17. 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 hereof and
10/01/93 Page 7 of 9
this agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
18. 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, addressed
to such party at the following respective addresses:
State: Texas Department of Transportation
135 Slaton Road
P.O. Box 771
Lubbock, TX 79408-0771
City: The City of Lubbock, Texas
P.O. Box 2000
Lubbock, TX 79457
Attn: Ms. Marsha H. Allen, P.E.
Transportation Planner
All notices shall be deemed given on the date so delivered or so deposited in the
mail, unless otherwise provided herein. Either party hereto may change the above
address by sending written notice of such change to the other in the manner
provided herein.
19. SOLE AGREEMENT
This agreement constitutes the sole and only agreement between the parties hereto
and supersedes any prior understandings or written or oral agreements respecting
the within subject matter.
10/01/93 Page 8 of 9
ESTIMONY HEREOF, the parties hereto have caused these presents to be executed
in dup icat ounte arts.
%T BOOK-, TEXAS THE STATE OF TEXAS
Ed R. LafflIr�ton, M
November '18, 1993
Date
ATTEST:
Betty M. JohYison
City Secretary
APPROVED A O CONTENT
L IrTD. H tel, ity Engineer
APPROVED AS TO FORM:
a�d Williard
Assistant City Attorney
10/01/93
Page 9 of 9
Executed for the Executive
Director and approved by the
Texas Transportation Commission
under the authority of Minute
Order No. 100002 and Adminis-
trative Circular 15-93, for the
purpose and effect of activating
and carrying out the orders,
established policies or work
programs heretofore approved
by the Texas Transportation
Commission.
By:
Robert Cuellar, P.E.
Depute Executive Director,
Transportation Planning and Development
93
Date
EXHIBIT "A"
LOCATION MAP
CITY OF LUBBOCK
98TH STREET - INDIANA AVE.
TO F.M. 1730 (SLIDE ROAD)
aCSuluClon No. 4J64
November 18, 1993
Item #13
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City
of Lubbock an Agreement and all related documents by and between
the City of Lubbock and Texas Department of Transportation for
the construction of a (6) six lane roadway located at 98th Street
from Indiana Avenue to FM 1730 (Slide Road) for the City of
Lubbock, which contract is attached hereto, which shall be spread
upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this
1993.
ATTEST:
&,J,- a c�"2'j
Bett . Jdhnson, City Secretary
APPROVE AS TO CONTENT:
rry Hert , City Engineer
APPROVED AS TO FORM:
18th day of November
J artsell/ Assistant City Attorney
JH:dp\Asends #3\TD?.Res
November S, 1993
TE:S TRANSRWATICN COlKUSSIcV
VARIOUS County
(\�__ istrict No. VARIOUS
HINVrE ORDER Page 1 of 2 PaCIO c
WHMF.AS, Title Z3, UciiLed States Code, sections 134 and 135, as
amended by the liiLe:modal Surface Transportation %fficiency Act of
1991, require each designated Metropolitan Plaiuiing Organization (-MM)
and the State, respectively, to develop a transportation improvement
program (TIP) as a condition to securing federal funds for
transportation projects under either Title 23 or the Federal Transit
Act (formrly the Urban Mass Transportation Act of 1991); and,
NHr,Rr ►;, Section 134(h) requires an MPO to develop its TIP in
cooperation with the State and affected transit operators; to Provide
citizens, affected public agencies, representatives of transportation
agency employees, other affected employee representatives, private
providers of transportation, and other interested parties With a
reasonable opportunity Lo ccnment on the proposal TIP; and further
requireti Lhe TIP to be updated at least once every 2 years and to b+
approved by the MPn and by the Governor; and,
WHEREAS, the Texas Department of Transportation (LxOOT) in
cooperation with the MPO's have determined that it is appropriate to
update the local and Statewide TI^'s cacti Fiscal Year; and,
wgERIBAS, Section 135(f) requires Lhe State to develop its 1'iP
for all areas of the State in cooperation with those designated mpo's;
and, further Cequires the Covernor to provide citizens, dffuctei public
agencies, representatives of transportation agency employees, other
affected Pmployee represe:itaLives, nrivatc providers of transportation,
ml other interested particc with a reasnnahle opportunity to coma--nt
on the proposed State TIP; and,
W3MAS, Sections 134(h) and 135(f) speciry the re pucLive
requirements and eligibility criteria for project* to be inclu.3ed in
the respective TIP's: and,
FIIII LEAS, the various T?P'S applicable to Lhe designated WO's
as well as to these areas outside designated r4PO boundaries have been
tresentai for public caTment by means of public meetings conducted by
dpprooriate authorities throughout the State; acxl,
EXHIBIT C
TEx1lS TRANSPORTATION CCtMICCT(-U
VARIOUS
I*"-)istrict No. VARIOUS
Oubmitteri 'ay:
county MINL]TE CMM
Page 7. of 2 Wages
WRER Ac,, by letters dated SepLembec 9, 1992 and September .l'o,
1992, ad•iressed to federal transportation officials, the Hnnorahle Ann
W. Richards, did cielcgate to the Texas Transportation Cawdssiori
(Coarrticaion) those lrmars and responsibilities granted to Irr by the
Intermn3al Surface Transwttation Efficiency Act of 1991, save arti
except the Recreational Trails program; and,
WHEREAS, the Conrrdssion Finds that the requisites of Section
134 have beech fully satisfied as they pertain to development of the
prescribe-: TIP's by the MM's, With the exception uL' Dallas -Fort Worth
arxi hryiston which have not yet aiopted a final TIP pending Air Quality
Conformity rleterminat.ion, and that the Statewide TIP attached to this
Order as Exhibit "A" fully satisfies t.ie req.]isite5 of section 135 a:,
they rertai n to that TIP;
PURSOMr TO THE AUTR-)R1'_7Y DEtB��SD TO TH15 C0*9S3ICN BY THE
GOV—MNrR OF TEXAS, rKhl, TM%--MRF,, IT IS 0RDMM TEAT the respective
'Pip's of each designated MM with the exception of Dallas -Fort Worth
and Houston, as reflected in the. Statewide TIP as shvwu in Exhibit "A"
are hereby AMroved, that the statewide TIP is itaelf proposed for
adoption aril fin,11 aopccval subjc^t to public carrrwnt, and the
Executive Director is directeri to can3uet or have c(xxluc:le:l a �;ublie
hearing on the Statewide TIP and to report all public cormnent together
with the DecarttrGlL's recamnendatiorz for final action to the
Comninsion at the earliest date conGistent with applicable policies and
procedures. y
Director of Transportation Manning A:x:)rcved
xamined and i eernrrharxdc3 by:
A95oe;idLe Executive Oirector
executive oirectuc
Minute Uurnber 102542
iv - —
1)ate Paced July 29, 129,3 ,
IJu u. 30 ' 93 16 : 18 0000 LUBBOCK DISTRICT 5
r
TEL80674:;4411--280
PAGE 04/04
Page Me_ 1 TRANSPORTATION IMPROmMiCNT PWGRAM
RT FEDERAL PROGRAM
DISTRICT 05
LUBBOCK 00
FT 1994
Cost In Thous+nOB
09/15/93
District
ll o er Designation
PraJ. 10
Fad Proo
Federal
County
Leestion (from)
F. CLaas
St. Cat.
state
City
Location (to)
Lanes
Plisse
LOCAL
CO®tnts
CSj
Description of work
LwVth
MPO
Total
05
CITIRIIS
OS -UP
00
S 52.0
LUBBOCK
FTA09
S 0.0
LURBO=
S 13.0
CAPITAL ASSISTANCE
0.0
1105
S 65.0
S 1,30.9
05
CITIBUG
05-UP
09
Li gs=
FTA09
S 300.0
LUBBOCK
S 1,046.9
OPERATING ASSISTANCE
CITIBUS
0.0
1105
! 2,693.8
05
05-UP
09
S 7510
LUGO=
FTA09
S 0.0
LUGS=
t 7.0
PLANNING ASSISTANCE
0.0
1105
$ 35.0
05
GS
STP
S 85.5
LLSSOCK
50TH STREET IN LUBBOCK AT SW R
0
V
S O.S
(DOT NO. 276277K)
00
C
t 0.0
090506002
FLASHING LIGHT SICNALS
0.0
1105
s 95.0
05
CS
STP
S 72.0
L1Ss=
QUIRT AVE AT ATSF RAII.RrM IN
0
4A
9 8.0
(DOT 90. 014974T)
00
C
$ 0.0
OM06901
FLASHING LIGHT 316MALS
0.0
1105
S 80.0
05
CS
STP
t 132.0
LU880CK
34TV STREET IN LUBBOCK, ZMTH
S
40
S 0.0
50TH STREET
06
E
$ 33.0
090506905
WIDENING NUN-MLWAT
1.0
1105
S 165.0
05
CS
STP
t 2,233.0
LUBBOCK
INOIANA AVENUE
3
4D
S 0.0
FM 1730 IV LUBBOCK, TEXAS
06
E,C
S M.0
OM06903
WIDENING EXISTING NON-FREEWT
2.0
1105
S 2,MO. 0
OS
Us 97
STP
s 2,000.0
LUBBOCK
35TM STREET
3
♦F
S 500.0
41N STREET IN LLMOCK
00
C
S 0.0
005301084
REHABILITATION OF EXISTING RM
2.0
1105
t 2,500.0
Phase: E-ErvNimering, C=Construction, R=RW
Resolution No. 4324
November 18, 1993
Item #13
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City
of Lubbock an Agreement and all related documents by and between
the City of Lubbock and Texas Department of Transportation for
the construction of a (6) six lane roadway located at 98th Street
from Indiana Avenue to FM 1730 (Slide Road) for the City of
Lubbock, which contract is attached hereto, which shall be spread
upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this
1993.
ATTEST:
Bett . idhnson, City Secretary
APPROVE AS TO CONTENT:
rry Hertel, City Engineer
APPROVED AS TO FORM:
18th day of
J artsell/ Assistant City Attorney
JH:dp\Agenda #3\TDT.Res
November S, 1993
November
Resolution No. 4324
November 18, 1993
Item #13
STATE OF TEXAS
COUNTY OF TRAVIS *
Lubbock County
CSJ: 905-06-903
98th St.: From Indiana Ave.
to FM 1730 (Slide Road)
A G R E E M E N T
(SURFACE TRANSPORTATION PROGRAM -
METROPOLITAN MOBILITY REHABILITATION)
THIS AGREEMENT, is made by and between the State of Texas, acting by and through
the Texas Department of Transportation, hereinafter called the "State" and the
Lubbock Urban Transportation Study, a Metropolitan Planning Organization,
chartered under the laws of the State of Texas, acting by and through the City
of Lubbock, Texas, hereinafter called the "City".
W I T N E S S E T H
WHEREAS, the Intermodial Surface Transportation Efficiency Act of 1991, ("ISTEA")
codified under Title 23 U.S.C. Section 101 et seq., establishes the National
Intermodial Transportation System that is economically efficient and
environmentally sound, provides the foundation for the nation to compete in the
global economy, and will move people and goods in an energy efficient manner; and
WHEREAS, Title 23 U.S.C. Section 133 establishes that surface transportation
programs should be developed and implemented by the States' Transportation
Agencies; and
WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning
Organizations ("MPO's") and the States' Transportation Agencies develop
transportation plans and programs for urbanized areas of the State; and
WHEREAS, the State and the City desire improvements to 98th Street from the
limits of Indiana Avenue to FM 1730 (Slide Road), as shown in "Exhibit A", to be
hereinafter identified as the "Project"; and
10/01/93 Page 1 of 9
WHEREAS, Title 23 U.S.C. Section 120 establishes that the Federal share of
funding for surface transportation programs will not exceed eighty percent (80%)
of the cost of the Project; and
WHEREAS, the City has offered to participate in the development and construction
of the Project by providing funding, acquiring the necessary right-of-way,
accomplishing the adjustment of utilities, and other necessary items required by
the State; and
WHEREAS, on the 18tday of
Resolution No.
November , 1993, the Lubbock City Council passed
, attached hereto and identified as "Exhibit B",
authorizing the City's participation in the development of the Project; and
WHEREAS, the State will secure the federal cost share, prepare the engineering
documentation, let the construction contract, provide the construction
inspection, provide other items as required; and
WHEREAS, on the day of 19_, the Texas Transportation
Commission passed Minute Order attached hereto and
identified as "Exhibit C", authorizing the Project through the State
Transportation Improvement Program;
A G R E E M E N T
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:
1. CONTRACT PERIOD
This agreement becomes effective upon final execution by the State and shall
terminate upon completion of the Project or unless terminated or modified as
hereinafter provided.
2. SCOPE OF PROJECT
A. The State and the City agree that the scope of the Project will consist of the
removal of the existing pavement and the construction of a six (6) lane roadway
with a continuous left turn lane. Construction will consist of, at a minimum, the
subgrade, base, surface, curb and gutter, and other items as authorized by the
Texas Transportation Commission.
10/01/93 Page 2 of 9
B. The Project will be designated as a METROPOLITAN HIGHWAY for the limited
purpose of constructing the roadway facility; however any existing city street
within the limits of the Project will not be designated or incorporated therein
prior to the State's award of the construction contract.
C. The City will continue to provide maintenance for all city roads within the
limits of the Project until the State's award of the construction contract.
3. ACQUISITION OF RIGHT-OF-WAY
The City shall assume the costs and shall be responsible for the acquisition of
all right-of-way required for the construction of the Project. The City will
comply with all the requirements of 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. Documentation to support such compliance must
be maintained and must be made available to the State and its representatives for
review and inspection.
4. RIGHT-OF-WAY DESCRIPTION
The City will prepare right-of-way maps, property descriptions and other data as
needed to properly describe the right-of-way which the City is to acquire. The
right-of-way maps and property descriptions shall be submitted to the State for
approval prior to the City acquiring the necessary right-of-way. Tracings of the
right-of-way maps shall be retained by the City for its permanent records.
5. RELOCATION ASSISTANCE
The City shall assume the responsibility of providing relocation assistance as
may be determined to be eligible under the Relocation Assistance Program. The
City will comply with Title II of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et
seq.
6. UTILITY ADJUSTMENTS/RELOCATIONS
If the required right-of-way encroaches upon existing utilities and the proposed
highway construction requires the adjustment, removal or relocation of such
utility facilities, the City will establish the necessary utility work. Unless
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otherwise provided by the owners of the utility facilities, the City shall be
responsible for all eligible costs associated with the adjustment, removal or
relocation of such utility facilities, and such adjustment, removal or relocation
shall be in accordance with applicable State law, local ordinances, franchise
agreements, regulations, policies and procedures. In the event additional
utilities are required to be adjusted, removed or relocated during the
construction of the Project, the City will be responsible for all costs
associated with the additional utility work, unless this work is provided by the
owners of the utility facilities.
7. ENVIRONMENTAL MITIGATION
A. The City will be responsible for the mitigation and remediation of any
environmental problems associated with the development and construction of the
Project. Should environmental problems be discovered upon completion of the
environmental assessment, the City shall provide to the State written
certification from the appropriate regulatory agency(s) that the environmental
problems have been remedied. The State will not let the construction contract
until all environmental problems have been remediated by the City.
B. All costs associated with the remediation of the environmental problems shall
be the responsibility of the City and/or the property owner(s). These costs will
not be credited to the City's financial share towards the Project.
8. ENGINEERING RESPONSIBILITIES
A. The State will prepare or cause to be prepared the Project's preliminary
engineering necessary for the development of the plans, specifications and
estimates (P.S.& E.). Development of the preliminary engineering shall include
the environmental assessment and conducting public hearings.
B. The P.S.& E. shall be developed by the State in accordance with the State's
Standard Specifications for Construction of Highways, Streets and Bridges or its
currently approved revisions. The State shall submit the completed P.S.& E. to
the City for a thirty (30) day review period.
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9. CONSTRUCTION RESPONSIBILITIES
A. The State shall advertise for construction bids, issue bid proposals, receive
and tabulate the bids and award a contract for construction of the Project in
accordance with existing procedures and applicable laws. Any field changes,
supplemental agreements or additional work orders which may become necessary
subsequent to the award of the construction contract shall be subject to the
approval of the State.
B. The State will supervise and inspect all work performed by the construction
contractor and will provide such engineering, inspection and testing services as
may be required to ensure that the construction of the Project is accomplished
in accordance with the approved P.S.& E. The City will be allowed to review the
construction work being performed by the State's contractor in coordination with
the State's representative.
C. Upon completion of the Project, the State will issue to the City a
"Notification of Completion", acknowledging that the Project has been completed.
Upon the City's receipt of the "Notification of Completion", the roadway will be
removed from the State Highway System and will revert under the jurisdiction of
the City.
10. MAINTENANCE RESPONSIBILITIES
Upon completion of the Project, the City will assume responsibility for
maintenance of the completed roadway facility.
11. FUNDING RESPONSIBILITIES
A. The estimated cost associated with the design and construction of the Project
is $ 2,860,000
B. The State will be responsible to secure the federal share of funding required
for the development and construction of the Project. The City will be responsible
for any non-federal participation costs associated with the Project.
C. Upon execution of this agreement, the City will submit a check or warrant made
payable to the "Texas Department of Transportation" in the amount of
$ 37.400 . This amount is based on twenty percent (20%) of the estimated
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costs for the development of the preliminary engineering and the plans,
specifications and estimates.
D. Sixty (60) days prior to the date set by the State for receipt of the
construction bids, the State will notify the City that its additional financial
share of the construction is required. The City shall remit a check or warrant
payable to the "Texas Department of Transportation" in the amount specified by
the State within thirty (30) days of receipt of the State's written notification.
E. The State will perform an audit of all costs associated with the Project upon
completion. In the event additional funding is required from the City at any time
during the development of the Project, the City will provide the funds within
thirty (30) days from receipt of the state's written notification. In the event
any funds are due the City due to overpayment by the City, the State will
promptly make arrangements to provide the funds to the City.
12. INDIRECT COST RECOVERY PLAN
Article 6252-5f, V.T.C.S., requires the State to recover indirect costs based on
a percentage of the State's actual direct costs to complete the Project. The
indirect costs will be in accordance with the State's Indirect Cost Recovery Plan
and will be based on the City's funding percentage provided herein. The indirect
cost percentage will be determined by the State and is revised each State fiscal
year. The State will notify the City of the indirect cost percentage.
13. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by the
City shall remain the property of the City and 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 and to the City without
restriction or limitation on their further use. Upon completion of the Project,
the State will furnish to the City a set of reproducible final plans.
14. TERMINATION
A. This agreement may be terminated by any of the following conditions:
(1) By mutual written agreement and consent of both parties.
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(2) By either party, upon the failure of the other party to fulfill the
obligation as set forth herein.
B. The termination of this agreement shall extinguish all rights, duties,
obligations and liabilities of the State and City under this agreement. If the
potential termination of this agreement is due to the failure of the City or the
State to fulfill its contractual obligations as set forth herein, the City or the
State will notify the other party that possible breach of contract has occurred.
The City or the State should make every effort to remedy the breach as outlined
by the other party within a period mutually agreed upon by both parties.
C. Upon termination of this agreement, any fund paid in advanced by the City and
not expended by the State shall be returned to the City as promptly as possible.
15. INDEMNIFICATION
To the extent permitted by law, the City shall indemnify and save harmless the
State, its officers, employees, agents and contractors from all claims and
liabilities due to the activities of the City, its officers, employees, agents
and contractors performed under this agreement and which result from an error,
omission or negligent acts of the City, its officers, employees, agents or
contractors. Additionally, to the extent permitted by law, the City shall save
harmless the State, its officers, employees, agents and contractors from any and
all expenses, including attorneys fees and court costs which may be incurred by
the State in litigation or otherwise resisting said claim or liabilities which
might be imposed on the State as the result of such activities by the City, its
officers, employees, agents or contractors.
16. AMENDMENTS
Any changes in the time frame, character, agreement provisions or obligations of
the parties hereto shall be enacted by written amendment executed by both the
City and the State.
17. 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 hereof and
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this agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
18. 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, addressed
to such party at the following respective addresses:
State: Texas Department of Transportation
135 Slaton Road
P.O. Box 771
Lubbock, TX 79408-0771
City: The City of Lubbock, Texas
P.O. Box 2000
Lubbock, TX 79457
Attn: Ms. Marsha H. Allen, P.E.
Transportation Planner
All notices shall be deemed given on the date so delivered or so deposited in the
mail, unless otherwise provided herein. Either party hereto may change the above
address by sending written notice of such change to the other in the manner
provided herein.
19. SOLE AGREEMENT
This agreement constitutes the sole and only agreement between the parties hereto
and supersedes any prior understandings or written or oral agreements respecting
the within subject matter.
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W-TjESTIMONY HEREOF, the parties hereto have caused these presents to be executed
in dupicat ounte arts.
/ T LUBBOC'-,, EXAS THE STATE OF TEXAS
%04a K. LaMIr ton, MaU
November 18, 1993
Date
ATTEST:
Betty A. JohVison
City Secretary
APPROVED A O CONT NT
L r D. H tel, ity Engineer
APPROVED AS TO FORM: f
Harold Wil iard
Assistant City Attorney
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Executed for the Executive
Director and approved by the
Texas Transportation Commission
under the authority of Minute
Order No. 100002 and Adminis-
trative Circular 15-93, for the
purpose and effect of activating
and carrying out the orders,
established policies or work
programs heretofore approved
by the Texas Transportation
Commission.
By:
Lawrence J. Zatopek
Director, General Services
Division
Date