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
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District # Lubbock
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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.
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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
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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.
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CS3 # 0380-01-062
District # Lubbock
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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
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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
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CSJ # 0380-01-062
District # Lubbock
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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
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