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HomeMy WebLinkAboutResolution - 6072 - Amendment To Agreement - TXDOT - State Urban Public Transportation Grant - 10_22_1998Resolution No. 6072 Item No. 28 October 22, 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, Amendment # 1 for the State Urban Public Transportation Grant Agreement, by and between the City of Lubbock and the Texas Department of Transportation, and related documents. Said amendment 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 99nd_ day of October 1998. ATTEST: APPROVED AS TO CONTENT: dot Mildred Cox Director of Transportation APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney Ccdocs/Amendment #1, State Urban Public Transportation Grant Agreement.Res October 22, 1998 SERVICE AREA: The city of Lubbock Resolution No. 6072 PUBLIC TRANSPORTATION (SECTION 5307) GRANT AGRFEIVENT Item No. 28 GRANT AGREEMENT NO. 51905F 1004 October 22, 1998 STATE PROJECT NO. URB 9901(05) STATE URBAN PUBLIC TRANSPORTATION AMENDMENT TO GRANT AGREEMENT AMENDMENT # 1 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § THIS AMENDMENT TO GRANT AGREEMENT 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, herein after called the "Recipient". WITNESSETH WB REAS, on September 1, 1998, a Grant Agreement was entered into by and between the above -mentioned parties, which Grant Agreement provided for the expenditure of funds pursuant to the provisions ofthe Transportation Code, Chapter 455, which authorizes the State to assist the Recipient in procuring aid for the purpose of establishing and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Transportation Code, Chapter 456; and, WHEREAS, the State has allocated commission selected project funds and additional oil overcharge funds to the Subrecipient for Fiscal Years 1998-1999. NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the parties hereto agree to amend the above -mentioned Grant Agreement as follows: I. Article 3A, page 2, sentence 1 is revised to read "The maximum amount payable under this agreement without modification is $835,996.00. Exhibit A attached hereto is the revised project budget and shall replace the budget included with the above -mentioned Grant. II. All of the other terms, conditions and provisions of the original Grant Agreement shall remain in full force and effect. State Urbm aed PubGe Transportation tkant Agreement FxAibitA Approved Project Budget Recision Effective Date: September 1,1993 Project Completion Date: August 31,1999 Subredpient: City of Lubbock, dba Cidbus State Contract Number: 51905F 1004 State Project Number: ITRB 9901(05) Apportlonment Year: FFY 1999/SFY 1999 Category AU Code Description Taal state East Capital No Budgeted Items 52,559,070.00 $0.00 $511,914.00 S0.00 $0.00 $0.00 S0.00 $0.00 S0.00 S0.00 S0.00 S0.00 Category Total S2,559,070.00 $0.00 S311,814.00 Planning 41.12.01 General Development/Comprehensive Planning S80,000.00 $0.00 S16,000.00 Operating 30.09.00 Operating Assitance S3,543,500.00 S703,782.00 S1,299,718.00 Scholarship 41.17.00 lather Activities $0.00 $0.00 $0.00 Project Totals S6,132,S70.00 $703,732.00 S1,327,532.00 Budget Revision Capital No Budgeted Items $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Category Total S0.00 $0.00 $0.00 Planning 41.12.01 General Devckpnent/Comprehensive Planning $0.00 $0.0o $0.00 Operating 30.09.00 Operating Assitance S132,214.00 S132,214.00 $0.00 Scholarship 41.17.00 Other Activities $0.00 $0.00 $0.00 Project Totals $132,214.00 S132,214.00 $0.00 Revised Project Budget Capital No Budgeted Items 52,559,070.00 S0.00 S511,814.00 $0.00 $0.0o $0.00 $0.00 $0.00 $0.00 $0.00 $0.0o $0.00 Category Total 32,559,070.00 $0.00 S511,814.00 Planning 41.12.01 General Development/Comprohensive Planning $80,000.00 $0.01) S16,000.00 Operating 30.09.00 Operating Assitanx $3,675,714.00 S83S,996.110 S1,299,718.00 Scholarship 41.17.00 Other Activities $0.00 $0.00 S0.00 Project Totals S6,314,7"00 5835,996.00 51,827,532A0 Maximum Reimburteable Amount: 3835.996.00 Page 1 of 1 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed. STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order No's 107220,107599 AP] District Engineer, Lubbock District DATE: AeLz 7hP End of Contract Approved as to Content: Mildred Cox Director.of Transportation William D. de Haas Competition and Contracts Manager The City of Lubbock Title: Mayor Date: October 22, 1998 A T ST: 4) 1(aytfif Darnell City cretary Date: October 22, 1998 1p 14-419;6 THE STATE OF TEXAS § COUNTY OF TRAVIS § 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, acting through its duly authorized officials, as evidenced by Resolution or Ordinance Numberdated 04 , 22 ,1998, hereinafter called the "City". WITNESSETH WHEREAS, the State owns and maintains a system of highways, including IH 27 and US 62, in Lubbock County, Texas, for public use and benefit; and WHEREAS, the City has requested State participation in a 1999-2000 Landscape Cost Sharing Program project along US 62, at the IH 27 west frontage road in Lubbock, hereinafter called the "Project"; and WHEREAS, the City has committed to cooperating with the State by providing a total non -cash contribution of $49,825.00 toward the completion of the Project, which sum represents the agreed, fair -market value for providing all labor, equipment and incidentals to install curbing and irrigation, and labor and incidentals to install furnished plant material and landscape pavers; and WHEREAS, Texas Transportation Commission Minute Order 107093, dated 2, February,1997 authorizes the State to cooperate with the City in the development of the Project by providing State funds which will be used to purchase the plant material, irrigation materials, concrete and the landscape pavers in accordance with the Project Design Plan; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto be by them respectively kept and performed as hereinafter set forth, the State and the City do mutually agree as follows: Page 1 of 7 r AGREEMENT ARTICLE 1. Term of Agreement. This Agreement becomes effective when finally executed (signed) by the State and shall terminate upon satisfactory completion of the work as called for in the Project Design Plan an as stipulated within this Agreement, unless otherwise terminated as provided hereinafter. ARTICLE 2. Project Design Plan. The City shall prepare and furnish the Project Design Plan. The Project Design Plan shall be incorporated into this Agreement by reference. ARTICLE 3. Project Funding. The total estimated cost of the Project is $96,075.00, and shall be funded jointly by the State and the City. State funds in an amount estimated not to exceed $46,250.00 will be utilized to purchase all landscape plant material, irrigation materials, concrete and the landscape pavers. The City's total non -cash contribution is $49,825.00 and represents the agreed, fair -market, non -cash value for labor and equipment to install plant material, irrigation system, concrete curb and gutter, and landscape pavers supplied by the State. ARTICLE 4. Responsibility of the Parties. A. The City agrees to: 1. Indemnify and save harmless the State, its agents and employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any person, or by any abutting, adjoining or other property in consequence of any neglect in the performance, or failure of performance of the City, its agents and employees under this Agreement, to the extent allowed by State Law. 2. Indemnify, defend and hold the State harmless from any and all claims and lawsuits by third parties arising from, or incident to the performance, or failure of performance of the City, its officers, employees or agents under this Agreement to the extent allowed by State Law. The City shall defend all suits brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the State shall have the right, at it's option and expense, to participate in the defense of any suit, without relieving the City of any obligation hereunder. Page 2 of 7 3. Furnish all labor, equipment and incidentals required to install furnished landscape plant material, irrigation system, concrete curb and gutter, and landscape pavers supplied by the State. 4. Furnish, erect and maintain any barricades, signs and traffic handling devices, in accordance with the latest Manual of Uniform Traffic Control Devices, and to the satisfaction of the State, as may be required to protect the safety of the traveling public while performing any work on the project under this agreement. 5. Maintain the project for a period of 24 months according to the Landscape Cost Sharing Program. 6. After the required maintenance for the Landscape Cost Sharing Program, the City agrees to take over long term maintenance of the project. The State agrees to: 1. Obligate State funds in the amount of $46,250.00 which will be utilized to purchase the following approximate quantities materials: 5 Lb. 16d Duplex nails, bright. 2 Lb. 8d nails, bright. 12 Rolls tie wire, 16 gage, 4 Lb. Rolls. 1 Roll Duct Tape, (2" x 60'). 300 EA rebar chairs, 2" plastic. 140 EA dowels, #6 deformed, 6" long. 8 EA dowels, #6 smooth, 18" long w/sleeve. 10 Gal. Curing compound, clear. 10 SF expansion joint material, '/2" thick. 2 Rolls string, nylon, #36 x 225' long. 10 EA 2"x4"x8', #2 grade (or better), straight. 2 EA 2"x4"x16', #2 grade (or better), straight. 2 EA 2"x6"x16', #2 grade (or better), straight. 40 EA 2"x12"x10', #2 grade (or better), straight. 4 EA plywood, 4'x8'x1/4" BCX (or better). 100 EA wooden stakes for concrete forms 1 "x2"x18". 4 EA 1 " Inside diameter. pipe, 8' or 10' joints. 8 EA Cedar Elm Ulmus crassifolia or Winged Elm Ulmus alata supplied and planted. 23,000 EA Brick Pavers, Acme Brick, TUP - 20 (brownish). 69,000 EA Brick Pavers, Acme Brick, TUP - 2 (reddish color) 250 CY Sand, masonry. 25 CY Concrete, Class A, 3000 psi (min) @ 28 days [5 sack (min.), 6.5 gallons water (max.), 4" slump (max.)] with Fibermesh and 5% air. Page 3of7 2000 LF 20 LF 200 LF 1 EA 1 EA 2 EA 3 EA 17 EA 1 EA 18 EA 32 EA 1 EA 1 EA Rebar, #4 deformed. PVC Pipe, All polyvinyl chloride pipe shall be Class 200, SDR 21 unplasticized polyvinyl chloride, Type 1, Grade 1. Polyethylene Line, All polyethylene line shall be %" with 0.710" Outside dia. And 0.610" Inside diameter. Valve, Quick Coupler Valve, Rainbird 44Rc or approved equal. Double check valve with double ball valves (back flow prevention). Watts Series %" 805Y or approved equal. Zone valve. Spars Ball Valve 2339-010. True union style. Valve box, Brooks model 1419 or approved equal. Emitters: Tubing Fittings, compression tubing fittings, %" Inside dia. Tee - Agricultural Products 710 C3T or approved equal. Tubing Fittings, compression tubing fittings, %" Inside dia. Connector - Agricultural Products 710 CC/RCC or approved equal. Tubing Fittings, compression tubing fittings, %" Inside dia. Hose Closure, Agricultural Products 700-AP8 or approved equal. Drip emitter, Hardie Turbo -Key SC #DPJ08, 2GPH Pressure Regulator, Watts #PTPR 10, 10 psi closed. Ring Filter, Arkal or approved equal. 2. Prepare and submit requisitions for landscape material in accordance with existing statutes relating to the purchase of material with State funds. 3. Furnish material, after receipt, to the City. 4. Cooperate with the City to determine requirements for barricades, signs and traffic handling devices to be used by the City during the installation and maintenance of the Project. Page 4 of 7 T ARTICLE 5. Overruns/Underruns. • The State will make recommendation of award for the bid or bids received for required landscape material as follows: 1. If, after receiving bids for required landscape material, the cumulative total of the lowest bid or bids exceeds $46,250.00, the State, in order to insure that available State funds are not exceeded, and at its sole option, may reject any or all bids, revise the quantity of materials to be furnished and resubmit the bids. 2. If, after receiving bids for required landscape material, the cumulative total of the lowest bid or bids does not exceed $46,250.00, the State will recommend award of the bid or bids. Unless, in the sole opinion of the State, it is determined that the furnishing of additional materials with any remaining State funds is in the best interest of the Project, the State will not purchase materials in excess of the quantity requested by the City in the City's proposal and as shown in the Project Design Plan as would be necessary to insure the full amount of State funds obligated for this Project is expended. ARTICLE 6. Disputes. Should disputes arise as to the party's obligations under this Agreement, the State's decision shall be final and binding. ARTICLE 7. Amendments. Changes in time frame, character, cost or obligations herein shall be enacted by written amendment. All amendments to this Agreement must be executed by both parties within the contract period specified in Article 1. ARTICLE 8. Successors and Assigns. The State and the City shall not assign or otherwise transfer its rights and obligations under this Agreement except with prior written consent of the other party, and any prohibited assignment or transfer shall be null and void. ARTICLE 9. 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. Page 5 of 7 ARTICLE 10. Insurance. At the time of execution (signature) of the Agreement by the City, the City shall attach required insurance documentation to.each Agreement counterpart. If the City is a self -insured entity and performs any work on the Project with City Forces, the City shall extend the protection of its self-insurance to the State for any and all damages and injuries arising from the City's performance under this Agreement. If the City is not a self -insured entity and performs any work on the Project with City Forces, the City shall furnish the State with a completed Certificate of Insurance (TxDOT Form 20.102), and label such documentation EXHIBIT A. If the City performs any work on the Project through a contractor or contractors selected through the City's low -bid procedure, the City shall require its contractor or contractors to furnish the State with a completed Certificate of Insurance, (TxDOT Form 20.102), and shall insure the contractors maintain such insurance during the term of the Agreement. ARTICLE 11. Gratuities. Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this contract. The only exceptions allowed are ordinary business lunches and items that have received advanced written approval of the Texas Department of Transportation Executive Director. Any person doing business with or who may reasonably speaking do business with the State under this contract may not make any offer of benefits, gifts or favors to Departmental employees, except as mentioned here above. Failure on the part of the City to adhere to this policy may result in the termination of this contract. ARTICLE 12. Termination. This Agreement may be terminated by any of the following conditions: A. By mutual agreement and consent of both parties. B. By either party upon thirty days written notice to the other party. C. By either party, upon the failure of the other party to fulfill its obligations as set forth in this Agreement. Page 6 of 7 D. By satisfactory completion of all services and obligations described herein. Should the City terminate this Agreement, as prescribed here above, the City shall, at the option of the State, reimburse any reasonable costs incurred by the State. IN TESTIMONY WHEREOF, the State and the City have executed duplicate counterparts to effectuate this Agreement. THE CITY OF LUBBOCK The Honorable Windy Sitton Mayor City of Lubbock Amend Date: lelw ATTEST: �I'LLWIA- Kaytlt Darnell, City Secretary APPROVED AS TO CONTENT: < n -A— Director of Strategic Planning VED AS TO FORM: G. Vandiver, Fist c THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission By: Carl R. Utley, P.E. District Engineer Lubbock District Amended: Date: -3 9 Atto Page 7 of 7 Application for Landscape Cost Sharing Program �7YsnspaEedon 6 Form 18.311 (Rev.12-97) September 28, 1998 (Date of Application) Amended February 2, 1999 The Honorable Windy Sitton Mayor, City of Lubbock (Name of Authorized Representative) (Title) P.O. Box 2000, Lubbock, Texas 79457 (Address of Authorized Representative) 806-775-2001 (Phone Number) Mr. Jim Bertram, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457, 806-775-2001 (Name, Address and Phone of Contact Person if Different from Above) Full Description of Proposed Project The City of Lubbock wishes to landscape the medians of US 62 at the west intersection of IH 27 to create a distinct entrance into the Depot District, a guickly developing entertainment west of IH 27 in downtown Lubbock. Narrative description of support proposed by City, Private Business, Civic Association or Developer: (use continuation sheet if necessary) The City of Lubbock wishes to partner with the Texas Department of Transportation in landscaping the median areas and outside borders of US 62 at the west intersection of IH 27 in Lubbock, Texas. The City intends to provide all labor, equipment, services, incidentals and charges for installation for the complete installation of brick pavers, new new center median, trees, and irrigation system. The City would like to formally request that the Texas Department of Transportation purchase materials for this Pedestrian Landscape project. In turn, the City will provide the design plan (attached) and will install all materials at the project site. Additionally, the City of Lubbock agrees to provide long term maintenance of the project. The estimated cost of equipment, labor, services, incidentals and charges for installation is $49,825.00. The estimated cost of materials is $46,250.00. The total estimated cost for materials, equioment. labor. incidentals. services. and charges for installation is $96.075.00. Page 1 of 4 f Forth 18.311 Narrative description of department support being requested: (use continuation sheet if necessary) The City of Lubbock requests the Texas Department of Transportation to purchase materials for this Pedestrian Landscaping project, in the amount of $46,250.00. This cost is less than 50% of the total cost of the project. The total cost of the project is $96,075.00, which does not include costs for developing the design plan, and does not include costs to maintain the project for a period of 24 months. However, the City agrees to maintain the project for a period of 24 months, in addition to taking over long term maintenance of the project. The Design Plan must be attached to this Application (unless waived) in order for the department to process this application. The attached FUNDING SUMMARY AND ITEMIZED BREAKDOWN OF PROJECT ACTIVITIES forms must be completed and attached in order for the department to process this Application. (Make additional copies as necessary.) If the Project is within the existing City Limits, the City must submit this Application and coordinate the Project even if initiated by a local business, civic association or private developer. If outside the city limits, the county must submit the application. (Authorized Signature) 1 on (Pnn o(Typed Name) Mail this Application and Design Plan to: TEXAS DEPARTMENT OF TRANSPORTATION Attention: Mr. Carl Utley, P. E, Lubbock District Engineer. Mailing Address: P.O. Box 771 Lubbock Texas 79408-0771 Page 2 of 4 JW Donor "In Kind" Funding Summary Description Unit I Quantity Unit Cost Amount See Itemized Breakdown of Project Activities NIA NIA NIA 49 05.00 I Total Donor "in Kind" Funding Calculation A) State match of Donor "In -Kind" B) Donor "Cash" C) State Match of Donor "Cash" Total Funds Available A+B+C Page 3 of 4 46,250.00 46,250.00 Jr� Itemized Breakdown of Project Activities Description Unit Quantity Unit Cost Amount abor - brick placement Each 92,000 0.30 27 600.00 rass removal - Hand SF 2,300 0.76 1,750.00 rass removal - Loader SF 20,000 0.08 1,600.00 oncrete Curbs remove and replace LF 120 10.00 1,200.00 ap for irrigation/installation Lump sum 1 300.00 300.00 erators for Loader/Dump Days 20 100.00 2,000.00 D final clean u 8� trash removal Lump sum 1 1 000.00 1 000.00 Loader/Dump Truck Days 20 350.00 7,000.00 oil compactor Weeks 4 170.00 680.00 N Brick saw rental Weeks 4 135.00 540.00 0 Hammer/drill Lump sum 1 450.00 450.00 R Jackhammer(pneumatic) Hours 20 15.00 300.00 raffic control Weeks 4 600.00 2,400.00 Debris Disposal Fee Tons 110 27.00 2,970.00 TOTAL 49 825.00 Description Unit Quantity Unit Cost Amount Cedar Elm Trees Furnish and Plant Each 8 800.00 6,400.00 Brick Pavers Acme TUP-2 Each 69,000 0.35 24 150.00 Brick Pavers Acme TUP-20 Each 23,00 0.35 8,050.00 Concrete, Class A CY 25 70.00 1,750.00 Sand, masonry CY 250 12.00 3,000.00 Related Hardware rebar, nails wire)* Lump sum 1 1 100.00 1,100.00 Lumber for form work* Lump sum 1 1,000.00 1,000.00 Irrigation system materials* Lump sum 1 800.00 800.00 S T TOTAL 46,250.00 A T E (Specific breakdown shown in he attached agreement) Page 4 of 4