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HomeMy WebLinkAboutResolution - 5316 - Agreement - State Of Texas, TDOT - STPUM Rehabilitation - 10_10_1996RESOLUTION NO. 5316 October 10, 1996 Item #35 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 with the State of Texas, acting by and through the Texas Department of Transportation, which Agreement 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 loth day of October ^, 1996. � COOKE �.l11..O .O. ATTEST: Kay e Darnell, City Secretary APPROVED AS TO CONTENT: Engineer APPROVED AS TO FORM: arold Willard, Assistant CityAttorney HW : da/ccdocs/dot. res October 1, 1996 RESOLUTION N0. 5316 October 10, 1996 Item #35 STATE OF TEXAS # COUNTY OF TRAVIS # County: Lubbock CSJ: 0905-06-027 Highway: 82nd Street (East) Limits: From:Avenue U To: U.S.e7 AGREEMENT (SURFACE TRANSPORTATION PROGRAM URBAN 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 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 8 8 E T H WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U.S.C. Section 101 et seq., establishes the National Intermodal 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 82nd Street from the limits of Avenue U to U.S. 67, as shown in the attached "Exhibit A", to be hereinafter identified as the "Project"; and 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 1 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 ]Qth day of nrtnhPr , 199_6 the Lubbock City Council passed Resolution No. %11A , 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, and provide other items as required; and WHEREAS, on the llth day of November, 1995, the Texas Transportation Commission passed Minute Order 106549, 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 final completion of the Project unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT A. The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. 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 2 limits of the Project until the State's award of the construction contract. 3. A=ISITION 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. 1. 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 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. UTILI77 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 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 3 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. EN-VIRONWNTAL HITIGATICRI 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. e. CXRTI£ICATIdN The City shall provide to the State, one hundred and twenty (120) days prior to the construction contract let date, an original executed copy of the Local Public Agency Right -of -Way Certification with required attachments that all right-of-way has been acquired, all relocation assistance has been provided, no encroachments are in the right-of-way or have been absolved in accordance with applicable laws, all known environmental problems have been remediated, and all conflicting utilities have been adjusted to clear the proposed construction. 9. EMINEERING SERVICES A. The State will prepare or cause to be prepared the preliminary engineering necessary for the development of plans, specifications and estimates (P.S. s E.). Development of the preliminary engineering shall include environmental assessment and necessary public involvement. B. The P.S.6 E. shall be developed by the State in accordance with the State's Standard Specifications For Construction Of Hichways. Streets .And Bridges or its currently approved revisions. The State shall submit the completed P.S. 6 E. to 4 the City for review thirty (30) days prior to submission to the Design Division in Austin. 10. CONBTRUCTION 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 change orders, 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 and City. 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.6 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. 11. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the City will assume responsibility for maintenance of the completed facility. 12. CONSTRUCTION FONDING A. The estimated cost associated with the design and construction of the Project is $ 1,820,000.00 . B. The State will be responsible to secure the federal share of the 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 5 payable to the "Texas Department of Transportation" in the amount of $24.000.00. This amount is based on twenty percent (20%) of the estimated costs for the development of the preliminary engineering and the plans, specifications and estimates. D. Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the City that its additional financial share for 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 (30) days from receipt of the State's written notification. In the event any funds are due the City, the State will promptly make arrangements to provide the funds to the City. 13. rNDIRECT COST RECOVERY_ PIJ►N Chapter 2106, Texas Government Code, 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. 14. 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. 15. TERMINATION 2 A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. -- (2) By either party, upon the failure of the other party to fulfill the obligations as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and the 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 funds paid in advance by the City and not expended by the State shall be returned to the City as promptly as possible. 16. IMEWIF'ICATidN 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 and its officers, employees, agents and contractors performed under this agreement and which result from an error, omission or negligent acts of the City and 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. 17. duiS 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. 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 this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. 19. 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 P.O. Box 771 Lubbock, Texas 79408-0771 City: The City of Lubbock, Texas P.O. Box 2000 Lubbock, Texas 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. 20. REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the agreement, and any increased cost arising from the City's default, breach of contract, or violation of terms shall be paid by the City. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. N. 21. EVIL BIGHTS COMPLIANCE The City shall comply with regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B)); also Executive Order 11246 titled "Equal Employment Opportunity", as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 CFR 60). 22. 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. IN TESTIId7NY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITO tUBK, TEXAS By: _ Alex '" Cooke, Mayor Pro Tern Date ATTEST: 4"� KaythU Darnell, City Secretary APPROVED TO C T NT: r Her P.E. City En_ i eer THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Minute Order No. 100002 and Stand Alone Manual 96-3, 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, P.E. Director General Services Division Date APPROVED AS TO FORM: 9=4x�z k&azc� arold Willard, Asst. City Attorney W rL ,• �l � ,' r• ' � . /- � � ern ' 'aeie .r �.rJill \ •f n Olow AV ,•��, w it YIONA; t .4 p�•�� 1 lam .. xv AV a 7, N ' •r .�.rr if ••1�• " tl leY N M N 4 r ^ 0 31 • \ 42 M : Ar I. M �. .' yr: wi: J., li fe 7 ' t . •+ M h r .T• • ` '�� ' e • _ _ l�Tev •v p Yw A • `ili"iT�: iA1Jtr r . f i � . ilCil S m. ev v i _' wv1111 i qR AT F b wp 1 ev M r`` 10 _ V Y 1. Y - • - XMIA . . r 1 x >, t � s ►T � i • i t i, �l i ,.61 .r i 1PH . r p. .OF i.. •biN. r ilr ilT �w}v W,1 co r�ilsr rr 0 i _1.. d r /ME V � i A jaw i Tii In 1 MIQi� •Y , "EXHIBIT C" TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page _J„_ of _j_ Pares District VARIOUS WHEREAS, Title 23, United States Code, Sections 134 and 135, as amended by the lntermodal Surface Transportation Efficiency Act (iSTEA) of 1991, requires each designated Metropolitan Planning Organization (MPO) 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 (formerly the Urban Mass Transportation Act of 1991); and WHEREAS, Section 134(h) requires a MPO to develop ids TIP in cooperation with the State and affected transit operators; and further requires the TIP to be updated at least once every two years and to be approved by the MPO and the Governor; and WHEREAS, Section 135(f) requires the State to develop a Statewide Transportation Improvement Program (STIP) for all areas of the State in cooperation with those designated MPOs and to be approved by the Governor; and WHEREAS, Sections 134(h) and 135(f) specify the respective requirements and eligibility criteria for projects to be included in the respective TIPS; and WHEREAS, by letter dated May 23, 1995, addressed to federal transportation officials, the Honorable George W. Bush, Governor of Teas, has delegated to the Texas Transportation Commission (the commission) those powers and responsibilities granted to him by the ISTEA, save and except the Recreational Trails Program; and WHEREAS, the various TIPS applicable to the designated MPOs, as well as to those areas outside designated MPO boundaries, have been presented for public comment by means of various public meetings conducted by relevant authorities throughout the State; and WHEREAS, the MPO in the non -attainment area of El Paso wishes to continue their program under their presently approved FY 1995-1997 TIP; and WHEREAS, this TIP meets the air quality transportation conformity requirements as promulgated by the federal final rule on transportation eonfoctnity and have previously been presented for public comment; and WHEREAS, the air quality conformity determination for the Dallis Fort Worth, Houston, and Beaumont -Port Arthur areas have dot been approved by the federal agencies; and WHEREAS, except for the final federal approval of the air quality conformity, the Commission finds that TIPS for these areas have complied with all the requisites of Section 134; and WHEREAS, after due deliberation and consideration, the commission finds that the requisites of Section 134 have been fully satisfied as they pertain to development of the other TiPs by each of the remaining 22 MPOs, and that the SMP attached to this order as Exhibit 'A' fully satisfies requisites of Section 13S as they pertain to the STIP, and is in furtherance of and consistent with the Texas Transportation Plan and the Strategic Plan, 1995-1999; TEXAS TRANSPORTATION COMMISSION VARIOUS County District VARIOUS Submitted by: MI ME ORDER Page 2 of 2 Pages PURSUANT TO THE AUTHORITY DELEGATED TO THIS COMMISSION BY THE GOVERNOR OF TEXAS, NOW THEREFORE, IT 1S ORDERED that the respective TIPS of each designated MPO, as well as those areas outside designated MPO boundaries as reflected in the STIP in attached Exhibit 'A', are hereby approved; provided that approval of the Dallas -Fort Worth, Houston. and Beaumont -Port Arthur areas is conditioned on, and subject to, final federal approval of the required air quality conformity determination and the Executive Director is directed to submit the document to appropriate federal agencies for approval consistent with applicable policies and procedures; and IT IS FURTHER ORDERED that the Director of Transportation Planning and Programming Division sign all necessary certifications required by federal rules. Director, Transportation Plana and Programming Division Recommended by: Executive Director Reviewed by: Deputy Executive Director for Transportation Planning and Deveiopmeat Minute Number 106549 Date Passed NOV 30 95 STATE OF TEXAS COUNTY OF TRAVIS * County: CSJ: Highway: Limits: A G R E E M E N T RESOLUTION NO. 5316 October 10, 1996 Item #35 Lubbock 0905-06-027 82nd Street (East) From:Avenue U To: U.S.87 (SURFACE TRANSPORTATION PROGRAM URBAN 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 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 E WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U.S.C. Section 101 et seq., establishes the National Intermodal Transportation System that is economically efficient ar..d 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 82nd Street from the limits of Avenue U to U.S. 87, as shown in the attached "Exhibit A", to be hereinafter identified as the "Project"; and 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 1 J 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 10th day of Ont-oher , 199„& the Lubbock City Council passed Resolution No. 5.116 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, and provide other items as required; and WHEREAS, on the llth day of November, 1995, the Texas Transportation Commission passed Minute Order 106549, 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 final completion of the Project unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT A. The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. B. The Project will be designated as a METROPOLITAN HIGHfM 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. A_CQQISITION OF RIGHT -OF -FLAY 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 maps shall be retained by the City for its permanent records. 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 Peal Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq. 6. UTILITY Apius'TMENTS/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 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 3 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. S. CERTIFICATION The City shall provide to the State, one hundred and twenty (120) days prior to the construction contract let date, an original executed copy of the Local Public Agency Right -of -Way Certification with required attachments that all right-of-way has been acquired, all relocation assistance has been provided, no encroachments are in the right-of-way or have been absolved in accordance with applicable laws, all known environmental problems have been remediated, and all conflicting utilities have been adjusted to clear the proposed construction. 9. A. The State will prepare or cause to be prepared the preliminary engineering necessary for the development of plans, specifications and estimates (P.S. & E.). Development of the preliminary engineering shall include environmental assessment and necessary public involvement. B. The P.S.& E. shall be developed by the State in accordance! with the State's Standard Specifications For Construction Of Hichways, Streets PLnd Bridges or its currently approved revisions. The State shall submit the completed P.S. & E. to 4 the City for review thirty (30) days prior to submission to the Design Division in Austin. 10. 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 change orders, 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 and City. 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 States 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 hits 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. 11. MKINTEMNCE RESPONSIBILITIES Upon completion of the Project, the City will assume responsibility for maintenance of the completed facility. 12. CONSTRUCTION FCTNDING A. The estimated cost associated with the design and construction of the Project is $ 1,820,000.00 . B. The State will be responsible to secure the federal share of the 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 9 payable to the "Texas Department of Transportation" in the amount of $24.000.00. This amount is based on twenty percent (20%) of the estimated costs for the development of the preliminary engineering and the plans, specifications and estimates. D. Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the City that its additional financial share for 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 (30) days from receipt of the State's written notification. In the event any funds are due the City, the State will promptly make arrangements to provide the funds to the City. 13. INDIRECT COST RECOVERY PLAN Chapter 2106, Texas Government Code, 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. lt. 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. 15. TERMINATION 0 A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By either party, upon the failure of the other party to fulfill the obligations as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and the 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 funds paid in advance by the City and not expended by the State shall be returned to the City as promptly as possible. 16. 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 and its officers, employees, agents and contractors performed under this agreement and which result from an error, omission or negligent acts of the City and 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. 17. 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. 16. LEGAL CONSTRUCTION 7 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 this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. 19. 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 P.O. Box 771 Lubbock, Texas 79408-0771 City: The City of Lubbock, Texas P.O. Box 2000 Lubbock, Texas 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. 20. REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the agreement, and any increased cost arising from the City's default, breach of contract, or violation of terms shall be paid by the City. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. 1.1 21. CIVIL RIGHTS COMPLIANCE The City shall comply with regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B)); also Executive Order 11246 titled "Equal Employment Opportunity", as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 CFR 60). 22. 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. IN TESTIMM4Y HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF L OCK TEXAS By: - 9—vk� Alex "Ty" C T ke, Y4ayor Pro Teat Date ATTEST: KaythUd Darnell, City Secretary APPROVED TO CON ENT: Lar y Her , P.E. City Engineer THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Minute Order ,l¢0002 and Stand Alone Manual ` , for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. B � 101, Lawrence J. 2atopek_ Director General Services Division Date APPR VED AS TO FORM: Ts. old Willard, Asst. Cit Attorney E r rPA t: I -- - "EXHIBIT A"wwootcridw ,a• s• � wM.' ff I` 'I � cJ ,I � �.wa t� all CAAk �• Mpis° �°a 3!'��" Al s i —--' �' .3� . rr 7 1 4J�. '• to .r N i. S,3 ,n i Its* I' t:,K a• r t. ,.,J �. 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T I. • �I s -4 I , K a t a t + "IN ST ;aa i I I • i RESOLUTION NO. 5316 "EXHIBIT B" October 10, 1996 Item #35 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 with the State of Texas, acting by and through the Texas Department of Transportation, which Agreement 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 10t_ day of October , 1996. ALEX Y" COOKE MAYOR'PRO TEMPORE ATTEST: Ka a Darnell, City Secretary APPROVED AS TO CONTENT: , City Engineer j APPROVED AS TO FORM: arold Willard, Assistant City Attorney H W : da/ccdocs/dot. res October 1, 1996 "EXHIBIT C" TEXAS TRANSPORTATION COMMISSION VARIOUS County District VARIOUS N11NUTE ORDER Page I of _2 _ Pages WHEREAS, Title 23, United States Code, Sections 134 and 135, as amended by the Intermodal Surface Transportation Efficiency Act (iSTEA) of 1991, requires each designated Metropolitan Planning Organization (MPO) 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 (formerly the Urban Mass Transportation Act of 1991); and WHEREAS, Section 134) requires a MPO to develop its TIP in cooperation with the State and affected transit operators; and further requires the TIP to be updated at least once every two years and to be approved by the MPO and the Governor; and WHEREAS, Section 135(f) requires the State to develop a Statewide Transportation Improvement Program (STIP) for all areas of the State in cooperation with those designated MPOs and to be approved by the Governor; and WHEREAS, Sections 134(h) and 135(f) specify the respective requirements and eligibdity criteria for projects to be included in the respective TIPS; and WHEREAS, by letter dated May 23, 1995, addressed to federal transportation officials, the Honorable George W. Bush, Governor of Texas, has delegated to the Texas Transportation Commission (the commission) those powers and responsibilities granted to him by the 1STEA, save and except the Recreational Trails Program; and WHEREAS, the various TIPS applicable to the designated MM, as well as to those areas outside designated MPO boundaries, have been presented for public comment by means of various public meetings conducted by relevant authorities throughout the State; and WHEREAS, the MPO in the non -attainment area of El Paso wishes to continue their program under their presently approved FY 1995-1997 TIP; and WHEREAS, this TIP meets the air quality transportation conformity requirements as promulgated by the federal final rule on transportation conformity and have previously been presented for public comment; and WHEREAS, the air quality conformity determination for the Dallas -Fort Worth, Houston, and Beaumont -Port Arthur areas have not been approved by the federal agencies; and WHEREAS, except for the final federal approval of the air quality conformity, the Commission finds that TIPS for these areas have complied with all the requisites of Section 134; and WHEREAS, after due deliberation and consideration, the commission finds that the requisites of Section 134 have been fully satisfied as they pertain to development of the other TIPS by each of the remaining 22 MPOs. and that the STIP attached to this order as Exhibit 'A' fully satisfies requisites of Section 135 as they pertain to the STIP. and is in furtherance of and consistent with the Texas Transportation Plan and the Strategic Plan, 1995-1999; TEXAS TRANSPORTATION COMMISSION VARIOUS County NWIM ORDER Page 2 of 2 Pages District VARIOUS Submitted by: PURSUANT TO THE AUTHORITY DELEGATED TO THIS COMMISSION BY THE GOVERNOR OF TEXAS, NOW THEREFORE, IT IS ORDERED that the respective TIPS of each. designated MPO, as well as those areas outside designated MPO boundaries as reflected in the STIP in attached Exhibit 'A', are hereby approved; provided than approval of the Dallas -Fort Worth, Houston, and Beaumont -Port Arthur areas is conditioned on, and subject to, final federal approval of the required air quality conformity determination and the Executive Director is directed to submit the document to appropriate federal agencies for approval consistent with applicable policies and procedures; and IT IS FURTHER ORDERED that the Director of Transportation Planning and Programming Division sign all necessary certifications required by federal rules. Reviewed by: Director, Transportation Planning and Deputy Executive Director for Programming Division Transportation Planning and Development Recommended by: Executive Director Minute Number 106549 Date Passed NOV 30 95 PAGE NO. 2 TRANSPORTATION IRPROVOCE4T PROGRAM AUGUST 16, 199S LiR88ptfC LUSSOCK RPO FY IW7 DISTRICT IRrmm OR DESIGXATION IPROJ. ID (FED PROGIFEDERAL ILETTING DATE It0AM ILOCATION (FROM) IF. CLASS IST. CAT.ISTATE (REVISION DATE I ICITY ILOCATION (TO) JUXES IPALSE (LOCAL ICOMENT5 Icsi (DESCRIPTION OF PORK ILERGTR (biro ITOTAL I I 1LVaWCK ICS I11O51024-1 ISTP-um 1 i1,456,000IOZ/97 jUMMCK IWM ST FROM AVENUE U 13 IGD I oI/ I ILLgWCK 1uS P COW) 10 1C 1 36 .OWI 1 IM-Od-WITHE VIDENIRG OF A NW-.FRMAY FACILITY - I t.QiG 11t05 11t,mo,0001 I ( 1Wssoac a ILP 2w Fes:.=.. 111asim-1 ISTPim • 1 I t1,230,00010n/97 I ILU890CK IFM 173D (SLIDE RO) 14 14c' 1 320,=I/ 1 ILIRBeoCK IMIMSITY ATE Io IC 1 of I 107—oi-c.761THE YiDE2" OF A NON -FREEWAY FACILITY I 3.200 11105 1 i1,600,0001 1 I i PHASE: E=EMINEERING, C=CONSTRUCTION, k-ROY, T=TRANSFER