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HomeMy WebLinkAboutResolution - 5807 - Contract - TDOT - Urban Street Program. Indiana Avenue - 03_26_1998RESOLUTION NO. 5807 Item #38 March 26, 1998 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, a contract for the Urban Street Program (Indiana Avenue), by and between the City of Lubbock and the Texas Department of Transportation, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of March 1998. 211m I I � MW6�414� 4 - " � a ATTEST: Kaytlue D 11 City Secre APPROVED AS TO CONTENT: Mildred Cox Managing Director of Transportation Services APPROVED AS TO FORM: William de Haas Assistant City Attorney Contract Administration RESOLUTION NO. 5807 Item #38 March 26, 1998 COUNTY: LUBBOCK CSJ: HIGHWAY: INDIANA AVENUE FROM: 94TH STREET TO: SOUTH CITY LIMITS THE STATE OF TEXAS § THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR STANDARD URBAN STREET PROGRAM PROJECTS 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 City of Lubbock, Texas, acting by and through its duly authorized officials, hereafter called the "City." WITNESSETH WHEREAS, the State and the City are statutorily authorized under Section §222.052, Texas Transportation Code, to enter into this agreement for the purpose defined herein. WHEREAS, Texas Transportation Commission Minute Order numbers 104479, 104774, and 105322, establishes a program to assist local governments in major urbanized areas in rebuilding streets functionally classified as "collector" or higher; and, WHEREAS, the City is a represented member of the Lubbock Metropolitan Planning Organization, chartered under the laws of the State of Texas; and, WHEREAS, an Urban Street Program project is desired by the State and the City, specifically for the improvement described as the rehabilitation of a city street, Indiana Avenue, from 94th Street to South City Limits, to be hereinafter identified as the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; and, WHEREAS, the Metropolitan Planning Organization has approved the selection of the project; and, 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, the State and the City do agree as follows: AGREEMENT COUNTY: LUBBOCK CSJ : HIGHWAY: INDIANA AVENUE FROM: 94TH STREET TO: SOUTH CITY LIMITS Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the City will consider ii to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereafter provided. Article 2. Scope of Contract The State and the City agree that the scope of the contract for Indiana Avenue, from 94th Street to South City Limits shall be limited to the scope authorized by the Texas Transportation Commission. Article 3. Praiect Funding Project Costs The total estimated cost associated with the construction of the Project, including construction, engineering and testing services is as shown on Attachment A. State's Share The State will be responsible for eighty percent (80%) of the original estimated roadway bid items including Engineering and Contingencies. Roadway items include grading, base, pavement, cross drainage, pavement markings, guard fence and other safety features. Refer to Attachment A. Cty's Share The City shall be responsible for one -hundred percent (100%) payment of non -pavement related structures including storm sewer, curb and gutter sidewalks and driveways, right of way, relocation assistance, engineering costs, utility adjustments, environmental mitigation, illumination and landscaping; and twenty percent (20%) payment of roadway costs including grading, base, pavement, cross drainage, pavement markings, guard fence, and other safety features. Refer to Attachment A. Article 4. Termination This agreement may be terminated by any of the following conditions: ♦ by mutual written agreement and consent of both parties, ♦ by either party, upon the failure of the other party to fulfill the obligation as set forth herein ♦ by the State if it determines that the completion of the Project is not in the best interests of the State 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 to fulfill its contractual obligations as set forth herein, the City should make every effort to remedy the 2 breach as outlined by the State within a period mutually agreed upon by both parties. Article 5. Right of Access If the City is the owner of any part of the Project Site, the City shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Article 6. Responsibilities of the Parties The City acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of work on the Project. The State acknowledges that while it is not an agent, servant, nor employee of the City, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of work on the Project. Article 7. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the City and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 8. Successors and Assigns The State and the City each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this agreement. Article 9. Amendments By mutual written consent of the parties, this contract may be amended prior to the expiration of this contract. Article 10. Interest The State will not pay interest on funds provided by the City. Funds provided by the City will be deposited into, and retained in, the State Treasury. Article 11. Payment Term and Increased Costs The City shall remit a check made payable to the "Texas Department of Transportation" Forty-five (45) days prior to the letting date, in the amount of the estimated City's Share to be collected as shown in Attachment A. In the event the State determines that additional funding is required from the City at any time during the development of the Project, the State will notify the City in writing of the additional amount. The City shall remit a check for the entire additional amount established by the State within thirty (30) days from receipt of the State's written notification to the address provided herein. Article 12. Completion of Project Upon completion of the Project, the State will issue to the City a "Notification of Completion, " acknowledging that the project has been completed. Upon receipt of the "Notification of Completion, " final inspection and approval of the Project, the roadway will be removed from the State Highway System and will revert to the jurisdiction of the City. Article 11Audit of Costs Upon completion of the Project, the State will perform an audit of the costs and any funds due the City will be promptly returned. If additional funds are required from the City or the State determines that reimbursements have been previously made for items which are considered ineligible under the Urban Street Program, a request shall be made by the State for the additional funds and the City will provide the funds within thirty (30) days from receipt of the State's written request. Article 14. Ownership of Documents Upon completion or termination of this agreement, all plans Specifications and Estimate (P.S.&E.) submitted by the City (as revised or modified) shall remain the property of the City. 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 without restriction or limitation on their further use. Article 15. Breach of Contract Violation or breach of contract terms by either party shall be grounds for termination of the agreement, and any increase costs arising from the defaulting parry's default, breach of contract or violation of agreement terms shall be paid by the defaulting party. Article 16. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. Article 17. L.ggal 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 provision hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Article 18. Compliance with Laws The parties shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the agreement. When required, the City shall furnish the State with satisfactory proof of 4 the compliance therewith. Article 19. STATE RESPONSIBILITIES Environmental Assessment The State shall be responsible for the preparation of the environmental review document. The State will not let the construction contract until all known environmental problems have been remediated by the City. Public Involvement The State will assist in the development and presentation of any public involvement meetings and/or hearings if necessary. Engineering Services and Construction 1. The State will prepare or cause to be prepared the P.S.&E. for the project. 2. 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. Construction inspection, processing of any change orders, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the State and subject to the approval of the City. 3. The State shall upon award of a construction contract designate the Project as part of the State Highway System and be identified as a Metropolitan Highway for the limited period of construction. 4. The state shall have the right of access to the Project and will supervise and inspect all work performed hereunder and provided such engineering inspection and testing services as may be required to ensure that the construction is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work may be the sole responsibility of the State. All work will be performed in accordance with the "Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges" adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 20. CITY RESPONSIBILITIES Environmental Mitigation The City will be responsible for the mitigation and remediation of any environmental problems associated with the development and construction of the Project. Written certification from the appropriate regulatory agency(s) that the environmental contamination does not exist or that any environmental problems discovered have been remedied, will be required by the State. All costs associated with a remediation are the sole responsibility of the City and/or the property owners. Costs associated with the remediation will not be eligible for reimbursement. Public Involvement The City will afford an opportunity for a public hearing and when necessary shall conduct a public meeting or hearing. Public hearings will not be held prior to approval of the project schematic by the State. 5 Acquisition of Right 9f Way 1. The City shall perform necessary requirements to provide the desired right of way required for the construction of the Project. The City will comply with and assume the costs for compliance with all the requirements of Title I and 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. Any costs incurred for needed right of way acquisition will not be eligible for reimbursement. 2. If the required right of way encroaches upon existing utilities and the proposed project construction requires the adjustment, removal or relocation of such utility facilities, the City will establish the necessary utility work. In lieu of using the State procedures outlined in 43 TAC, Sec. 21.31-21.51 the City may use its local utility accommodation policy. The City will notify the affected utility companies of the required work. The City shall be responsible for all costs associated with the adjustment, removal or relocation of such utility facilities, unless this work is provided by the owners of the utility facilities. 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 additional utility work, unless this work,is provided by the owners of the utility facilities. 3. The City shall provide to the State one hundred and twenty (120) days prior to the construction contract let date, a certification that all right of way either has been acquired or none was required, all relocation assistance is completed or none was required, all conflicting utilities have been adjusted to clear the proposed construction, all encroachments conflicting with construction have been removed or none exist, and all environmental problems have been remediated. Engineering Services 1. The City will be responsible for any right of way mapping and acquisition, if necessary and adjust utilities required by the State. 2. The State will be responsible for the preparation of the preliminary engineering necessary for the development of P.S.&E. 3. The State shall also prepare a schematic layout and conduct field surveys. 4. The P.S.&E. shall be developed in metric units by the State or its consultant in accordance with the latest AASHTO standards or its currently approved revisions. Pavement restoration projects will be developed to existing or higher pavement standards, based on current traffic. The State shall prepare the P.S.&E. To be let by the State on 22" X 34" mylar plan sheets. Maintenance Responsibilities 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. Upon completion of the Project, the facility will be removed from the State Highway System and the City will assume responsibility for the continued maintenance of the completed roadway facility. Article 21. Notices 0 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: Steven P. Warren, P.E. Director of Transportation, Planning, & Development Texas Department of Transportation P.O. Box 771 Lubbock, Texas 79408-0771 City: Larry Hertel, P.E. City Engineer The City of Lubbock, Texas P.O. Box 2000 Lubbock, Texas 79457 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. Article 22. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the entity they each represent. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF LUBBOCK, VXAS By: AW Z6(— Windy Sitton, Ma/or 3/26/98 Date ATTEST: ["&L� 4A Kaythie Ornell, City Secretary APPRO D AS TO C NTENT: Larry Hertel, .E. City Engineer APPROVED AS TO FORM: William de Haas, Asst. City Attorney THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Minute Order No. 1000002 and Stand Alone Manual Notice 96-3, for the purpose and effect of activating land carrying out the orders, established policies or work programs heretofore approved by the Transportation Commission. By: Lawrence J. Zatopek, P.E. Director General Services Division Date 7 ATTACHMENT A COUNTY: LUBBOCK CSJ: HIGHWAY: INDIANA AVENUE FROM: 94TH STREET TO: SOUTH CITY LIMITS ESTIMATED PROJECT COSTS TOTAL PROJECT COST $ 1,320,000 (Includes Engineering and Contingencies) LESS PRELIMINARY ENGINEERING $ 120,000 (100% City Cost) CONSTRUCTION COST $ 1,200,000 Less Non -Pavement Items 62,000 (100% City Cost - Curb and Gutter, Sidewalk, lalumination, etc.) PAVEMENT CONSTRUCTION ITEMS $ 1,138,000 State Share (80%) 910,400 City Share (20%) 227,600 TOTAL STATE SHARE TOTAL CITY SHARE TOTAL PROJECT COST $ 910,400 409,600 $ 1,320,000 0 Texas Department of Transportation Form D-IS-UAPD Roadway: Indiana Avenue CSJ: From: 44`h Street To: South City Limits Utility Accommodation Policy Declaration It is acknowledged, that the above noted roadway is not on the State Highway System, as defined by Vernon's Texas Civil Statues, Article 6674b, and that the Texas Department of Transportation (TxDOT) does not intend to maintain, operate or otherwise exercise regulatory responsibility over the road way and associated right of way subsequent to completion of responsibilities for construction of improvements. The undersigned Local Agency, being vested with the proper authority, has knowledge of the local utility accommodation policy (codes, practices, methods, and/or customary procedures) for placement of utilities within the public right of way of the noted roadway. Moreover, the undersigned Local Agency declares that the use of the local policy for placement of utilities does not unduly compromise public convenience, necessity, safety, function, aesthetics or investment in the roadway project. Furthermore, the undersigned Local Agency agrees to ensure that the use of the local utility accommodation policy will not allow existing utility facilities to remain in conflict with proposed roadway construction and that existing and relocated utility facilities must be clear of construction as determined by TxDOT. The undersigned Local Agency agrees to notify all utility facility owners or operators within the limits of the project that the local utility accommodation policy and not the State Utility Accommodation Policy will be used to accommodate their facilities on the noted roadway and to provide details as to the requirements of the local utility accommodation policy. The undersigned representative of TxDOT is familiar with the local utility accommodation policy and finds it acceptable to preserve the operational safety, function and aesthetic qualities of the highway facility. CITY OF LUBBOCK: CITY ENGANEER TEXAS DEPARTMENT OF TRANSPORATION: DISTRICT ENGINEER Date