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HomeMy WebLinkAboutResolution - 3527 - Agreement - TDHPT - Railroad Relocation, E-W Freeway - 01_24_1991Resolution No. 3527 January 24, 1991 Item #15 JWF:da 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 agreement entitled "Agreement for the relocation of a portion of the Seagraves, Whiteface, and Lubbock Railroad for construction of a controlled access highway facility in the City of Lubbock, Texas," said agreement to be entered into by and between the City of Lubbock and the Texas State Department of Highways and Public Transportation, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24rh day of January , 1991. c B. C. MCMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: James'f. . Bertram, --Assistant City M,4nago for Development Services APPROVED AS TO FORM: J. Vbrjh Fullingim, Assistant Cit A torney Resolution No. 3527 STATE OF TEXAS COUNTY OF TRAVIS AGREEMENT FOR THE RELOCATION OF A PORTION OF THE SEAGRAVES, WHITEFACE, AND LUBBOCK RAILROAD FOR CONSTRUCTION OF A CONTROLLED ACCESS HIGHWAY FACILITY IN THE CITY OF LUBBOCK, TEXAS This agreement is entered into by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the State, pursuant to Minute Order Number 88793, dated May 24, 1989, and the City of Lubbock, acting by and through its duly authorized official pursuant to Resolution Number 3173, dated August 10, 1989, hereinafter called the City, to be effective on the date last executed. WITNESSETH WHEREAS, the State and City have, for the purpose of decreasing hazards to life and property, promoting public safety, improving traffic conditions, and encouraging the City's orderly development, deemed it necessary to construct a controlled access highway facility in the City as a part of the - State Highway System, and to be known as the East-West .Freeway for the purposes of this agreement; and WHEREAS, in LUBBOCK COUNTY, the State owns, operates and maintains U. S. Highway 82 as a part of its State Highway System; and WHEREAS, the State and City have, for the purposes of decreasing hazards to life and property, promoting public safety, improving traffic conditions, and encouraging orderly development of the City, deemed it necessary to improve a 6.8 mile segment of said East-West Freeway, extending from South Loop 289 (SW), northeasterly and thence easterly to a crossing with Interstate Highway 27; and WHEREAS, the recommended design and alignment of the improved facility will necessitate the acquisition of a portion of the right of way and the relocation of related trackage and facilities, hereinafter called the Relocation, of the Seagraves, Whiteface, and Lubbock Railroad, hereinafter called the Railroad, which is owned and operated by the Seagraves, Whiteface, and Lubbock Railroad Corporation; and WHEREAS, the State and the City have agreed upon the respective responsibilities of each for the Relocation in furtherance of construction of the East-West Freeway, and desire to enter an appropriate agreement for such purposes pursuant to Texas Civil Statutes Article 6673b; AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual convenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: ARTICLE 1. The City will effect the Relocation from the present track alignment proximal to the U. S. Highway 82 corridor between a point southwest of the crossing with Loop 289 (SW) and just east of University Avenue, to a new alignment yet to be determined between West Loop 289 and Reese Air Force Base, connecting with existing tracts along the U. S. Highway 82 corridor southwest of Loop 289, and with those tracks along the U. S. Highway 84 corridor northwest of Loop 289, together with such other trackage connections as may be required. ARTICLE 2. The City will perform all engineering services necessary to research, investigate, and analyze alternative routes for the Relocation. ARTICLE 3. The City will prepare environmental studies for the Relocation in a form suitable for inclusion with the State's environmental studies for the East-West Freeway, and will provide for the State's formal review of those Relocation studies. ARTICLE 4. The City will conduct appropriate public involvement and perform/prepare drainage analysis, survey, design, construction plans and specifications, and right of way maps for the Relocation. The plans, specifications and cost estimates for the Relocation will be submitted to the State for review and comment. ARTICLE 5. The City, in accordance with applicable Federal and State laws and policies governing the acquisition of real property, will acquire all right of way for the new railroad alignment and will adjust all eligible utilities for the new railroad alignment necessary for the Relocation. ARTICLE 6. The City will provide construction administration for and will inspect construction of the relocated Railroad facilities. ARTICLE 7. The City will effect conveyance or cause to be conveyed to the State all of the title and interest owned by the Seagraves, Whiteface, and Lubbock Railroad Corporation on and along the existing Railroad right of way from the new railroad alignment to just east of University Avenue. Conveyance shall be free and clear of all encumbrances. ARTICLE 8. The State will provide relocation assistance as may be ` determined to be eligible under its Relocation Assistance Program. ARTICLE 9. The State will provide the lesser of ninety (90%) percent or 10,800,000.00 of the eligible costs incurred by the City in effecting the Relocation. Reimbursement to the City shall be requested in accordance with the State's standard billing procedures with reimbursements being requested no more than once per month. "Eligible costs" are those that the State - 2 - normally recognizes in railroad adjustments undertaken by the State pursuant to applicable Federal and State laws and policies. The sum of $10,800,000.00 represents ninety (90%) percent of the currently estimated eligible costs of the Relocation. In the event that actual eligible costs exceed estimated eligible costs, the State will consider amending this agreement to provide for appropriate increase in State funding as may be feasible within the State's budgetary constraints and other commitments. ARTICLE 10. Upon completion of the respective responsibilities and duties by the City, it will furnish the State a final audit of all costs associated with the Relocation, and such other information or records as the State may require for cost verification. In addition, the State reserves the right to audit costs billed to the State by the City to determine eligibility as provided in Article 9 of this agreement. ARTICLE 11. This agreement may be terminated by any of the following conditions: A. By mutual consent of both parties. B. By either party, upon the failure of the other party to fulfill its responsibilities and obligations as set forth in this agreement. C. By satisfactory completion and acceptance of all services and obligations described herein. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and the City under this agreement. If the termination is due to the failure of the City to fulfill its contractual obligations, the State will notify the City that possible breach of contract has occurred. Within thirty (30) days from -the State's written notification, the City must remedy the breach as outlined by the State. In the event the City does not remedy the breach to the satisfaction of the State, the State may terminate this agreement or suspend performance thereunder and the parties shall conclude their activities relating to the Relocation and proceed to a final audit in accordance with Article 10. If the termination is due to the failure of the State to fulfill its contractual obligations, the City will notify the State that possible breach of contract has occurred. Within thirty (30) days from the City's written notification, the State must remedy the breach as outlined by the City. In the event the State does not remedy the breach to the satisfaction of the City, the City may terminate this agreement or suspend performance thereunder, and the parties shall conclude their activities relating to the Relocation and proceed to a final audit in accordance with Article 10. ARTICLE 12. Changes in the time frame, character, cost or obligations authorized herein shall be enacted by written amendment before additional work may be performed or additional cost incurred. Any amendment to this agreement must be executed by both parties. ARTICLE 13. The City and State shall comply with all applicable laws and regulations, and the orders and final decrees of any court of final jurisdiction in any manner affecting the performance of this agreement. - 3 - ARTICLE 14. The State and the City, respectively, bind themselves, their successors, assigns and legal respresentatives to the other party to this agreement and the successors, assigns and legal representatives of such other party with respect to all covenants and provisions of this agreement. ARTICLE 15. To the extent permitted by law, the City shall indemnify and save harmless the State from all claims and liabilities due to activities of itself, its agents, employees, contractors or officers performed under this agreement and which result from an error, omission or negligent act of the City or any person contracted or employed by the City. To the extent permitted by law, the City shall also indemnify and save harmless the State from any and all expense, including attorney fees, which might be incurred by the State in litigation or otherwise resisting said claim or liability which might be imposed on the State as the result of such activities of the City, its agents, employees, contractors or officers. ARTICLE 16. 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 unenforceable provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein. ARTICLE 17. This agreement contains the entire understanding between the parties hereto and no modification of this agreement shall be valid until it is agreed upon by the State and the City in writing. ARTICLE 18. This agreement constitutes the sole and only agreement of the parties thereto and supersedes any prior understanding or written or oral agreements between the State and the City respecting the within subject matter. IN TESTIMONY WHEREOF, the State and City have executed duplicate counterparts of this agreement on the dates indicated. 4 - CITY OF LUBBOCK R By: B. C. McMinn, Mayor Date: January 24, 1991 ATTEST: Ran ttC4welio�yd, APPROVED AS TO CONTENT: Ja s Bertram, Assistant Cit Ma ager for Development Servic s APPROVED AS TO FORM: r of. worth ruIlingim A istant City Attorney 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 State Highway and Public Transportation Commission under the authority of Minute Order 82513. By: Gkfy n y, P.E. Righ of ay Engineer /__��_y Da Recommended by: - 5 - �Y ��' �/• William M. Pope, P.E. District Engineer