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HomeMy WebLinkAboutResolution - 4323 - Contract- TDOT- Reconstruction & Widening Of Indiana Avenue, 34Th St To 50Th St - 11_18_1993Resolution No. 4323 November 18, 1993 Item #12 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 Indiana Avenue from 34th Street to 50th Street 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: aLtL�= A�- C:�� LI BettyVM. Johrison, City Secretary AS TO CONTENT: el, City Eng APPROVED AS TO FORM: 18th day of Jeff- rtsell,/Assistant City Attorney JH:dp\Agenda #3\TDT#2.Res November 5, 1993 November Resolution No. 4323 November 18, 1993 Item #12 STATE OF TEXAS COUNTY OF TRAVIS * Lubbock County CSJ: 905-06-905 Indiana Ave., etc: From 34th St. to 50th St. 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 Indiana Avenue from the limits of 34th Street to 50th Street, 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 19_U, the Lubbock City Council passed Resolution No. L13Z3 , 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 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. 1O/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 $ 2,505,000 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 $ 33,000 . This amount is based on twenty percent (201) 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 I TIMONY HEREOF, the parties hereto have caused these presents to be executed in dup�l catsrn parts. Z.JH CITF UBBOCK, TEXAS THE STATE OF TEXAS Byi. / !t' / Taarlrrid R. La gsto , Mayor November 18, 1993 Date ATTEST: Betty M. Johnson City Secretary APPROVEDI,Af TO CONTENT o� . ar y D. H rtel, Ci y Engineer APPROVED AS TO FORM: Harold 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: Lawrence J. Zatopek Director, General Services Division Date Resolution No. 4323 November 18, 1993 Item #12 STATE OF TEXAS COUNTY OF TRAVIS Lubbock County CSJ: 905-06-905 Indiana Ave., etc: From 34th St. to 50th St. 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 Indiana Avenue from the limits of 34th Street to 50th Street, 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 thel8tWay of November , 1993, the Lubbock City Council passed Resolution No. 4323 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 V UL Y , 194M the Texas Transportation Commission passed Minute Order to Z S 4 Z 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. ACOUISITION 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 $ 2,505,000 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 $ 33,000 . 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 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in dupl`\cate counterparts. CITY( OF l 3 R. La*stton{ Mayo November 18, 1993 Date ATTEST: Betty M. Jo son City Secretary APPROVED TO CONTENT J, arry D. K4rtel,,City Engirfeer APPROVED AS TO FORM: % '2 arold Williard Assistant City Attorney 10/01/93 Page 9 of 9 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 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. Deputy Executive Director, Transportation Planning and Development /2-,.,-93 Date r F� 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 ofl 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: &,t,- A C�'-� Bett . idhnson, City Secretary APPROVE AS TO CONTENT: 2:�rry Hert , City Engineer APPROVED AS TO FORM: 18th day of J artsell/ Assistant City Attorney JH:dp\Agenda #3\TDT.Res November S, 1993 November TEAS Ti2ANSPi(R2'PATICN CotMSS1LV VARIOUS County li3NUYE ORDER Page 1 (-jf 2 Page 1,,_ istrict No. VARIOUS WMRF:AS, Title 23, U11iLe3 states Code, Sections 134 and 135, as ampnded by the Inte:modal Surface Transportation r:fficiency Act of 1991, require each designated Metropolitan Planning Organisation (MM) and the State, ragpectively, to develop a tran:,portation 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 1.991); and, 1"7HQkrA-,, 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 comment on the proposed TIP; and further requires the TIP to be updated at least once every 2 years and to be approved by the MPO and by the Covern(jr; and, wIMBAS, the Texas Department. of Transportation (1A )d=) in cooperation with the MRO's have determined that it is appropriate to update the local and Statewide TI'2's each Fiscal Year; and, WHEREAS, Section 135(f) requires Lhe State to develop its TTP for all areas of the State in cooperation with those clasignated %,VO's; and, further: requires the Governor to provide citizens, affectedl public agencies, representatives of transportation agency employees, other affected --raplayee represe:rtaLives, private providers of transportation, ani other interested particc with a reasnnable opportunity to comment on the prod State TIP; and, WREREAS, Sections 134(h) and 135(f) specify the rftspecLive requirements and eligibility criteria for project* to be included in the respective TIP's: and, MDMEAS, the various TTP'% applicable to the designated !do's as well as to those areas outside designated MPO boundaries have been presentee for public carment by means of public meetings conductel by appropriate authorities throughout the State; aryl, EXHIBIT C iii TEX11S TRMSPCA�fATION C0t-HI$1;TCX1 VARIOUS %%.'uistrict No. VARIOUS .county MINUTE OMlR Page 7 of 1 Pages WHEMXS, 5y letters dated SepLeauer 9, 1992 and September lo, 19y1, addressed to fEderal transportation officials, the Hanorahle Ann W. Richards, did delegate to the Texas Transportation Coff fission (Canniooion) those powers ani responsibilities granted to l-ser by the Intermriial Surface Transportation Efficiency Act of 1991, save arri except the Recreational Trails program; and, WHMSAS, the Conudssion Finds that the requisites of Sectinn 134 have been fully satisfied as they pertain to deveiopnent of the prescribri TIP's by the MPO's, with the exception of Dallas -tort Worth arY3 MN.iston which have not yet aioptd a final TIP pending Air Quality Conformity determination, and that the Statewide TIP attached to this Order as Exhibit "A" fully satisfies t.`Ie requisites of section 135 a, they Iwrtai n to that TIP; PURSUANT TO THE AQTF;:)4 M DUZAT` D TO THIS COC+1133MN 13Y THE GOVOMP OF TEXAS, r�OW, TMMEXURE, IT IS ORDMED TILT the respective 'YIP'S of each designated MM with the exception of Dallas -Fort worth and Houston, as reflected in tha Statewide TIP as shvwn in Exhibit "A" are hereby a -,proved, that the Statewide TIP is itself proposes for adoption arid Linal approval subject to public comment, and the Dxecutive Director is directed to conduct or have cuxiucte:l a ;public hearing on tha Statewide TIP and to report all public comment together with the Oepartm!nL's recormiendationc for final action to the Cominiosion at the earliest date conGistent with applicaule policies arxs procedures. 3ubmittari by: Examined and i ecouFnendd by: Director of 'Transportation Dlanning Approved Assoc;iaLe Executive Director executive oirectur Minutf- Number 102542 I Date Paged July 29, 1993 , .'tJuv. :30 '90 16:18 0000 LUBBOCK DISTRICT .0 TEL80674.04411--280 PRGE 04%04 Opa Ile. 1 TRANSFORTATION 1MPROY MCNT POOMAM 09/13/93 By FEDERAL PR'OGRAII DISTRICT 05 LuRR0Cr 00 " 199► Cost In Thoullardil District lds or Desfpatlen Prej. ID Fad PM Federal Cavity Location (frm) F. CLeas St. Cat. State Cfty Lotion (to) Lams Phase! LOCat Camimts Cii Description of work LW4tH MPD Total 05 CITIRUS 05-LIP 6 52.0 LUBBOCK fTA09 ! 0.0 LUBBOCK 100 S 13.0 CAPITAL ASSISTANCE 0.0 lies S 65.0 ! 1,30.9 05 CI7IBU6 05-UP 09 UAWOCl( FTA09 S 300.0 LUBIM i S 1,0LB.0 OPERATING ASSISTANCE CITIMM 0.0 1105 ! 2,WS.8 05 05-UP 09 S 25.0 Lugll A F7A09 S 0.0 UNi= 6 7.0 PLANNING ASSISTAM 0.0 1105 S 35.0 05 GS STP S 85.5 LuB80CTL 50TH STREET IN LU08= AT BN It 4 S 0.5 (DOT N0. 27627711) 00 C 0 0.0 OW06902 FLASHING LIGHT SICULS 0.0 1105 ! 95.0 05 C>i STP S 72.0 UNOCC QUIRT AVE AT ATSF RAI AAO TN 0 iA S 8.0 (DOT NO. 014974Y) 00 C $ 0.0 090506901 FLASHING LIGHT 316MALS 0.0 1105 ! 80.0 05 CS STP s 132.0 U1660CK 34TN STREET IN LURROGC, =UTH 5 4D S 0.0 SOTH STREET 06 E ! 33.0 090506905 WIDENING NUN-r LWAT 1.0 1105 S 165.0 OS CS STP ! 2,288.0 Lu08Gac INDIANA AVENUE 3 4D ! 0.0 fM IM IN LUSN", TEXAS 06 E,C S 57L.0 09VA6903 WIDENING EXISTING NON•FREEUAY 2.0 1105 S 2,860.0 05 us 87 STP ! 2.000.0 LuIWI= 357N STREET 3 4F S 500.0 GrN STREET 1N LU8t10CK 00 C S 0.0 005301094 REMMILITATION OF EXISTING WA 2.0 1105 t 2.500.0 Phase: E-EivWb=crirg, c=construction, R=ROW