HomeMy WebLinkAboutResolution - 5808 - Contract - TDOT - STUMR Program, Milwaukee Avenue - 03_26_1998RESOLUTION NO.5808
Item #39
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 Surface
Transportation Urban Mobility Rehabilitation Program (Milwaukee 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 26th day of March 1998.
31" hli'-
WINDY SI ON, MAYOR
ATTEST:
Ka i Darnell
City cretary
APPROVED AS TO CONTENT:
Mildred Cox
Managing Director of Transportation Services
APPROVED AS TO FORM:
k — — 1&
William de Haas
Assistant City Attorney
Contract Administration
RESOLUTION NO.5808
Item #39
March 26, 1998
STATE OF TEXAS §
COUNTY OF TRAVIS §
County:
CSJ:
Highway:
Limits: From:
To:
AGREEMENT
Lubbock
Milwaukee Avenue
4th Street
34th Street
(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".
WITNESSETH
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
%NTIEREAS, 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 Milwaukee Avenue from the limits of 4th Street to 34th
Street, 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 cost of the Project; and
WHEREAS, the City has offered to participate in the development and construction of the Project by providing funding,
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acquiring the necessary right-of-way, accomplishing the adjustment of utilities, and other necessary items required by the
State; and
WHEREAS, on the 26th day of Marrh . 199-&-, the Lubbock City Council passed Resolution No. 5808
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 31 st day of July, 1997, the Texas Transportation Commission passed Minute Order 107218, attached
hereto and identified as "Exhibit C", authorizing the Project through the State Transportation Improvement Program;
AGREEMENT
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 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 for Milwaukee Avenue from 4th Street to 34th Street 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 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
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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. MIGHT -OP -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.
S. 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 11 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 ADJUSTMENTSIRELOCATIONS
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 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.
B. 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. ENGINEERING 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. & 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 Highways. Streets And Bridges or its currently approved revisions. The State shall submit the completed P.S. & E.
to 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 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
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from the State Highway System and will revert under the jurisdiction of the City.
It. MAINTENANCE RESPONSIBILITIES
Upon completion of the Project, the City will assume responsibility for maintenance of the completed facility.
12. CONSTRUCTION FUNDING
A. The estimated cost associated with the design and construction of the Project is S 4.000.000.00 .
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 payable to the "Texas Department
of Transportation" in the amount of S 80,000,00 . 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 ProjecL The indirect costs will be in accordance with the State's Indirect Cost Recovery
Plan and will be based on the City's fimding 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
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of the Project, the State will furnish to the City a set of reproducible final plans on 22" X 34" mylar.
15. TERMINATION
A. This agreement may be terminated by any of the following conditions:
(I ) 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
tinder 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.
18. 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 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: Steven P. Warren, P.E.
Director of Transportation, Planning, & Development
Texas Department of Transportation
P.O. Box 771
Lubbock, Texas79408-0771
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 parry 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.
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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 TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts.
THE CITYIOF LUBBOCK, TE S
By:
Windy Sitton, ayor
rch 26. 1998
Date
ATTEST:
kayll
arnell, City Secretary
APPROV AS TO CO TNT:
ertel, P. .
City Engineer
APPROVED AS TO FORM:
William de Haas, Asst. City Attorney
8
THE STATE OF TEXAS
Executed for the Executive Director and
approved by the Texas Transporation
Commission under the authority of Minute
Order No. 1000002 and Stand Alone Manual
Notice 96-3, for the purpose and effect of
activating and carrying out the orders, established
policies or work programs heretofore approved
by the Transporation Commission.
By:
Lawrence J. Zatopek, P.E.
Director General Services Division
Date
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TEXAS TRANSPORTATION COMMISSION
VARIOUS County
District VARIOUS
MINUTE ORDER
Pagc I of 2 Pagcs
WHEREAS, Title 23, United State 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(h) 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 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 Texas, 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 metropolitan and urban TIPS applicable to the designated MPOs,
as well as to those areas outside the designated MPO boundaries, hZve been presented for public
comment by means of various public meetings conducted by relevant authorities throughout the
State; and
WHEREAS, the MPOs in the non -attainment areas of El Paso and Houston wish to
continue their programs under their presently approved FY 1996 - 1998 TIPS; and
WHEREAS, rural TIPS were made available for review and comment in each of the
department's twenty-five district offices, and at the department's headquarters in Austin, to provide
citizens, affected public agencies, representative of transportation agencies employees, other
affected employee representatives, private providers of transportation and other interested parties in
accordance with Sections 134 and 135 of United States Code; and
WHEREAS, a public hearing on the STIP was held at the department's offices at 200 East
Riverside Drive in Austin, Texas on June 20, 1997; and
WHEREAS, no oral and written comments were received: and
EXHIBIT C
TEXAS TRANSPORTATION COMMISSION
VARIOUS County
District VARIOUS
MINUTE ORDER
Page 2 of 2 Pages
WHEREAS, after due deliberation and consideration the commission finds that the
requisites of Section 134 have been fully satisfied as they pertain to the development of the
prescribed TIPS by each of the twenty-five 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 consistent
with the Texas Transportation Plan and the Strategic Plan, 1997 - 2001;
NOW THEREFORE, IT IS ORDERED, pursuant to the authority delegated to this
commission by the Governor of Texas, the respective TIPs of each designated MPO, as well as
those areas outside designated NIPO boundaries as reflected in the STIP in attached Exhibit "A
are hereby approved; and
IT IS FURTHER ORDERED that the Director of Transportation Planning and
Programming Division sign all. necessary certifications required by federal rules. -
Submitted by:
rt.0
2-
Director. Transportation Planning and
Programming Division
Rev' .ed by:
Deputy Executive Director for
Transportation Planning and Development
e ended by:
Executive Director 107218
Minutc Number
Date Passed
JUL 31 97