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HomeMy WebLinkAboutResolution - 2006-R0586 - Agreement - State Of Texas, TDOT - VLGC, Transportation Improvement Projects - 12_07_2006Resolution No. 2006—RO586 December 7, 2006 Item No. 6.9 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 Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects With No Required Match, by and between the City of Lubbock and the State of Texas, acting by and through the Texas Department of Transportation, and all related documents. Said Advance Funding Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council, Passed by the City Council this ATTEST: Rebecca Garza CitySecretary rY APPROVED AS TO FORM: 7th day of December 2006. DAVID A MILLER, MAYOR Richard K. Casner, First Assistant City Attorney as/ccdocs/Adv. Fund ingAgrmt - TXDcpt of Transportation November 28, 2006 CSJ # 0380-01-062 District # Lubbock Code Chart 64 # 25650 Project: US fit (MSF-Phase 3B) Resolution No. 2006-RO586 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH 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 by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 110266 authorizes the State to undertake and complete a highway improvement generally described as construction for the conversion of a non - freeway to a freeway facility; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as construction of the US 62 (Marsha Sharp Freeway — Phase 313) from Chicago Avenue to Salem Avenue, hereinafter called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; 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 Local Government do agree as follows: AGREEMENT 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 Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 1A. The City Council of the City of Lubbock hereby specifically finds that the construction and completion of the Marsha Sharp Freeway will benefit, and be in the best interest of, the citizens of the City of Lubbock due to the enhancement of public safety and transportation. The City Council of the City of AFA-AFA_VoITIP Page 1 of 7 Revised 5/19/06 CSJ # 0380-01-062 District # Lubbock Code Chart 64 # 25650 Project: US 62 (MSF-Phase 3B) Lubbock hereby specifically finds that expenditure of public funds, as contemplated herein, is consistent with such public purpose. Article 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Project Budget and Description which is attached to and made a part of this contract. The Local Government has requested approval for a fixed price funding arrangement to expedite the construction of the Marsha Sharp Freeway for all project costs and the executive director has approved such request under the terms hereof. The Local Government will be responsible for paying a fixed amount of $25,000,000.00. This fixed amount will be utilized by the State to expedite the construction of the Marsha Sharp Freeway. The Local Government has requested approval for incremental payment of its funding obligation and the executive director has approved such request. Payments shall be made in accordance with the following schedule: $12,500,000.00 on or before January 22, 2007 $12,500,000.00 on or before January 22, 2008 Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds shall be applied under one of two options, said option to be determined mutually between the State and Local Government: (1) said funds shall be returned to the Local Government; or (2) said funds shall be applied by the State to construction activities on Phase V of the Marsha Sharp Freeway. Article 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Article 4. Intentionally Omitted. Article 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. This Agreement shall not be construed as creating a partnership, joint venture or joint enterprise between the Local Government and the State. Article 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft@ Word or similar document. If requested by the State, the Local Government will use the State's document template. AFA-AFA_VoITIP Page 2 of 7 Revised 5/19/06 CSJ # 0380-01-062 District # Lubbock Code Chart 64 # 25650 Project: US 62 (MSF-Phase 313) This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. Article 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. Article 8. Intentionally Omitted. Article 9. Intentionally Omitted. Article 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. Article 11. Termination This agreement may be terminated in the following manner: ♦ by mutual written agreement and consent of both parties; ♦ by either party upon the failure of the other party to fulfill the obligations set forth herein; ♦ by the State if it determines that the performance of the Project is not in the best interest of the State. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment, in the proportions set forth in Exhibit "A", of Project costs incurred by the State on behalf of the Local Government up to the time of termination. In the event funds provided by the City are remaining at the time of termination, said funds shall be applied as set forth in the last paragraph of Article 2, above. ♦ Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. Article 12. 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 or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: The City of Lubbock, Texas P.Q. Box 2000 Lubbock, Texas 79457 Attn: Lee Ann Dumbauld City Manager State: Texas Department of Transportation 135 Slaton Road Lubbock, Texas 79404-5201 Attn: Randy C. Hopmann, P.E. Lubbock District Engineer AFA-AFA_VoITIP Page 3 of 7 Revised 5/19/06 CSJ # 0380-0I-062 District # Lubbock Code Chart 64 # 25650 Project: US 62 (MSF-Phase 3B) All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 13. Sole Agreement In the event of conflict between the provisions of this Agreement and any other valid and existing agreement between the Local Government and the State, as pertains solely to and only as pertains solely to the Project, the latest agreement shall take precedence and prevail over other agreements in matters pertaining to the Project, as provided herein. Article 14. Successors and Assigns The State and the Local Government 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 15. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Article 17. Insurance It is expressly stipulated that this Agreement does not authorize the Local Government to perform any work on the Project. In the event that this Agreement is ever amended to authorize the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. Article 18. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. Article 19. Payment of Funds. Each party paying for the performance of governmental functions hereunder must make those payments from current revenues available to the paying party. AFA-AFA_VoITIP Page 4 of 7 Revised 5119/06 CS3 # 0380-01-062 District # Lubbock Code Chart 64 # 25650 Project: US 62 (MSF-Phase 3B) IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofoN approved and authorized by the Texas Transportation Commission. By Date 1Z i I LEI C, Distric \ n ineer THE LOCAL GOVERNMENT City of Lubbock, Texas By: l ��'�' Date: December 7, 2006 Typed or Printed Name and Title: David Miller, Mayor ATTEST: Rebecca Garza, City Secrets APPROVED AS TO CONTENT: APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney AFA-AFA_VoITIP Page 5 of 7 Revised 5/19/06 CSJ # 0380-01-062 District # Lubbock Code Chart 64 # 25650 Project: US 62 (MSF-Phase 3B) Resolution No. 2006-RO586 ATTACHMENT A Project Budget and Description The Local Government has elected to participate in the cost for the conversion of an on -system, non - freeway to a freeway facility along US 62 (Marsha Sharp Freeway — Phase 3B) from Chicago Avenue to Salem Avenue. Based on the funding Category 10 (Supplemental Transportation Program for SAFETY-LU) and 11 (District Discretionary), the Local Government's elected participation is a fixed cost of $25,000,000.00 for the cost of this particular improvement. The Local Government's fixed cost of this will be for construction items. The State has estimated the project to be as follows: Description Total Federal State Local Estimate Cost Participation Participation Participation Cost % Cost % Cost CONSTRUCTION COSTS Conversion of $15,550,001 80% $12,440,000 20% $3,110,001 a non -freeway to a freeway Fixed Voluntary $0 0% $0 0% $0 100% $25,000,000 Local Government Contribution for construction Subtotal $40,550,001 $12,440,000 $3,110,001 $25,000,000 Direct Costs @ $2,433,000 80% $1,946,400 20% $486,600 0% $0 6% (including plan review, inspection and oversight) Indirect Costs $2,396,505 80% $1,917,204 20% $479,301 0% $0 @ 5.91 % (no local participation required) TOTAL $45,379,506 $16,303,604 $4,075,901 $25,000,000 Direct State Cost will be based on actual charges. Fixed Local Government's Participation (0%) = 25.000.000.00 It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. This is an estimate only, final participation amounts will be based on actual charges to the project. Notwithstanding the estimate of costs and participation AFA-AFA VoITIP Page 6 of 7 Revised 5/19/06 CSJ # 0380-01-062 District # Lubbock Code Chart 64 # 25650 Project: US 62 (MSF-Phase 3B) amounts set forth above, the Local Government shall not be responsible for payment to the State in excess of $25,000,000. as/Richard/Advance Funding Agreement -Marsha Sharp FreewayFinal November 20, 2006 AFA-AFA VoITIP Page 7 of 7 Revised 5/19106