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HomeMy WebLinkAboutResolution - 2001-R0345 - Local Transportation Project Advance Funding Agreement For 50Th St. - 09/13/2001Resolution No. 2001—RO345 September 13, 2001 Item No. 42 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Local Transportation project Advance Funding Agreement for Surface Transportation Urban Mobility Rehablitation (#CSJ: 0905-06-046) for 50th Street between Loop 289 and Slide Road between the City and the Texas Department of Transportation, a copy of which Amgreement and any associated documents is attached hereto, which Agreement shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 13th day of ATTEST: Rebecca Garza, City Secretary City Engineer APPROVED AS TO FORM: Dbn4d G. V�idiver, first Assistant City Attorney DDres/TXDOT.eon.res August 29, 2001 September WINDY SI ON, MAYOR , 2001. Resolution No. 2001-RO345 LUBBOCK COUNTY R ` " L CSJ: 0905-06-046 " Highway: 50 Street Project:STP99(510) UM Limits: Loop 289 to Slide Road STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For (SURFACE TRANSPORTATION PROGRAM URBAN MOBILITY REHABILITATION) THIS AGREEMENT (the 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, Texas, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21' Century (TEA -21) codified under Title 23 U.S.C. Section 101 et seq., authorize transportation programs to meet the challenges of protecting and enhancing communities and the natural environment and advancing the nation's economic growth and competitiveness; and WHEREAS, ISTEA and TEA -21 establish federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, on the 26th day of February, 1998 and the day 29th of January, 1999 the Texas Transportation Commission passed Minute Order 107420 and 107737, respectively, see Attachment "A", authorizing the State to undertake and complete a street improvement generally described as widening of 50th Street from the limits of Loop 289 to Slide Road and, WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance dated September 13, 2001,which is attached hereto and made a part hereof as Attachment `B" for the widening of a city street at the location shown on the Map in Attachment "C" hereinafter referred to as the Project. Page 1 of 15 LUBBOCK COUNTY CSJ: 0905-06-046 Highway: 50c' Street Project:STP99(510) UM Limits: Loop 289 to Slide Road 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: AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work Widening of 50th Street in Lubbock from Loop 289 to Slide Road as shown on Attachment "B". 3. Local Project Sources and Uses of Funds a. The total estimated cost of the Project is shown in Attachment "D" to this Agreement. The expected cash contributions from the federal or State government, the Local Governments, or other parties is shown in Attachment "D". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. b. This project cost estimate shows how necessary resources for completing the project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. c. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. d. The Local Government will be responsible for all non-federal or non -State participation costs associated with the Project, including any overruns in excess of the approved local project budget unless approved otherwise in an amendment to this Agreement. e. Prior to the performance of any engineering review work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment A. The Local Government will pay at a minimum its funding share for the estimated cost of preliminary engineering for the project. f. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. Page 2 of 15 LUBBOCK COUNTY CSJ: 0905-06-046 Highway: 50th Street Project:STP99(510) UM Limits: Loop 289 to Slide Road g. In the event the State determines that additional funding is required by the Local Government at anytime during the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. h. 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. i. The State will not pay interest on any funds provided by the Local Government. j. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local project, unless this Agreement is terminated at the request of the Local Government prior to completion of the project. k. If the project has been approved for a "fixed price" or an `incremental payment" non- standard funding or payment arrangement under 43 TAC § 15.52, the budget in Attachment "A" will clearly state the amount of the fixed price or the incremental payment schedule. 1. If any existing or future local ordinances, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or any other locally proposed changes, including, but not limited to plats or replats, result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the local entity. in. The Texas Comptroller of Public Accounts has determined that certain counties qualify as Economically Disadvantaged Counties in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. This Agreement reflects adjustments to the standard financing arrangement based on this designation. The State will not execute the contract for the construction of the project until the required funding has been made available by the Local Government in accordance with this Agreement. 4. Termination of this Agreement This Agreement shall remain in effect until the project is completed and accepted by all parties, unless: a. the Agreement is terminated in writing with the mutual consent of the parties, or; b. because of a breach of this Agreement. Any cost incurred due to a breach of contract shall be paid by the breaching party. c. After the PS&E the Local Government may elect not to provide the funding and the Project does not proceed because of insufficient funds; the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the project. Page 3 of 15 LUBBOCK COUNTY CSJ: 0905-06-046 Highway: 50' Street Project:STP99(510) UM Limits: Loop 289 to Slide Road 5. Amendments Amendments to this Agreement due to changes in the character of the work or terms of the Agreement, or the responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities If the required right of way encroaches upon existing utilities and the proposed project requires their adjustment, removal or relocation, the Local Government, in coordination with TxDOT's Design Consultants, will be responsible for determining the scope of utility work and notify the appropriate utility company to schedule adjustments. The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. This includes, but is not limited to: 43 TAC § 15.55 relating to Construction Cost Participation; 43 TAC §21.21 relating to State Participation in Relocation, Adjustment, and/or Removal of Utilities; and, 43 TAC§ 21.31 et seq. relating to Utility Accommodation. The Local Government will be responsible for all costs associated with additional adjustment, removal, or relocation during the construction of the project, unless this work is provided by the owners of the utility facilities: a. per agreement; b. per applicable statutes or rules, or; c. as specified otherwise in this Agreement. Prior to letting a construction contract for the Project, a utility certification must be made available to the State upon request stating that all utilities needing to be adjusted for completion of the construction activity have been adjusted. 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. a. The Local Government, in coordination with TxDOT's Design Consultants, is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. Page 4 of 15 LUBBOCK COUNTY CSJ: 0905-06-046 Highway: 50' Street Project:STP99(510) UM Limits: Loop 289 to Slide Road b. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation. c. The Local Government, in coordination with TxDOT's Design Consultants, is responsible for providing any public meetings or public hearings required for development of the environmental assessment. d. The Local Government, in coordination with TxDOT's Design Consultants, shall provide the State with written certification from appropriate regulatory agency(ies) that identified environmental problems have been remediated. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA).. 10. Architectural and Engineering Services The State has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and special provisions related thereto. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by disadvantaged business enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receives and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. The State will use its approved contract letting and award procedures to let and award the construction contract. Page 5 of 15 LUBBOCK COUNTY CSJ: 0905-06-046 Highway: 50'` Street Project:STP99(510) UM Limits: Loop 289 to Slide Road c. Prior to their execution, the Local Government will be given the opportunity to review and approve contract change orders that will result in an increase in cost to the Local Government. d. Upon completion of the Project, the party constructing the project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. e. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Part B. 12. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 13. Right of Way and Real Property The Local Government shall assume the costs and shall be responsible for the acquisition of all right-of-way required for the construction of the project. The Local Government 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 to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. 14. Right -of -Way Description The Local Government will prepare right-of-way maps, property descriptions and other data needed to properly describe the right-of-way which the Local Government is to acquire. The right-of-way maps and property descriptions shall be submitted to the State for approval prior to the Local Government acquiring the necessary right-of-way. Tracings of the maps shall be retained by the Local Government for its permanent records. 15. Relocation Assistance The Local Government shall assume the responsibility of providing relocation assistance as may be determined to be eligible under the Relocation Assistance Program. The Local Government will comply with Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq. Page 6of15 LUBBOCK COUNTY CSJ: 0905-06-046 Highway: 50'h Street Project:STP99(510) UM Limits: Loop 289 to Slide Road 16. 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 parry at the following addresses: State: Texas Department of Transportation P.O. Box 771 Lubbock, Texas 79408-0771 Attn: Carl R. Utley, P.E. District Engineer Local Government: The City of Lubbock, Texas P.O. Box 2000 Lubbock, Texas 79457 Attn: Larry Hertel, P.E. City Engineer All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either parry 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. 17. 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 and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 18. 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. 19. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. A mylar copy of the final construction plans and corresponding electronic files will be provided to the Local Government. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Page 7 of 15 LUBBOCK COUNTY CSJ: 0905-06-046 Highway: 50t' Street Project:STP99(510) UM Limits: Loop 289 to Slide Road Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. 20. Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 21. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 22. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 23. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR § 18.36 and with the property management standard established in Title 49 CFR § 18.32. 24. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 25. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular No. Page 8 of 15 LUBBOCK COUNTY CSJ: 0905-06-046 Highway: 50' Street Project:STP99(510) UM Limits: Loop 289 to Slide Road A-128 through August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000. 26. Civil Rights Compliance The Local Government shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 27. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. 28. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). 29. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Page 9 of 15 LUBBOCK COUNTY CSJ: 0905-06-046 Highway: 50' Street Project:STP99(510) UM Limits: Loop 289 to Slide Road c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the individual projects and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. 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. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 31. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. Page 10 of 15 LUBBOCK COUNTY CSJ: 0905-06-046 Highway: 50' Street Project:STP99(510) UM Limits: Loop 289 to Slide Road IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT WM4 A W - Windy Sitton, Mayor City of Lubbock Attest: 1p) City Secretary Approved as to Content: C,,��Hertel, Pit City Engineer Approved as to Form: 'bon andiver First Assistant City Attorney 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 heretofore approved and authorized by the Texas Transportation Commission. By: Jenni D. S dano, Director Contract Services Office Date: /(J /.?G /c, Page 11 of 15 LUBBOCK COUNTY CSJ: 0905-06-046 Highway: 50`h Street Project:STP99(510) UM Limits: Loop 289 to Slide Road ATTACHMENT A MINUTE ORDER AUTHORIZING PROJECT Page 12 of 15 VARIOUS County District VARIOUS Resolution No. 2001—RO345 TEXAS TRANSPORTATION COMMISSION MINUTE ORDER Page 1 of 2 The UNIFIED TRANSPORTATION PROGRAM (UTP) of the Texas Department of Transportation ( the "department") is a ten-year plan which authorizes project planning, development and construction and is submitted to the Texas Transportation Commission (the "commission") for approval on an annual basis. Minute Order 102992, dated November 30, 1993, approved the handling of several of the categories of the UTP as bank balance programs and directed that any future program amounts and allocation formulas for the bank balance allocation programs be returned to the commission for approval. IT IS THEREFORE ORDERED by the commission that the annual program amounts and allocation formulas listed in the following Exhibits be approved, and that projects be developed in these programs on an as -needed basis: Exhibit A - Category 2, Interstate Maintenance 2003 Interstate Rehabilitation Program Exhibit B - Category 3, National Highway System 2003 National Highway System Rehabilitation Program Exhibit C - Category 4, Surface Transportation Program (STP) 2001-2003 Federal Hazard Elimination Program 2000 Federal Railroad Signal Program 2001-2003 Federal Railroad Signal Program 2003 STP Metro Nip bility/Rehabilitation Program 2003 STP Urban Mobility/Rehabilitation Program 2003 STP Rural Mobility/Rehabilitation Program 2003 STP Urban/Ruml Rehabilitation Program Exhibit D - Category 5, Congestion Mitigation and Air Quality 2003 Congestion Mitigation and Air Quality Program Exhibit E - Category 7, State Preventive Maintenance 2001-2003 Preventive Maintenance Program Exhibit F - Category 8, State Farm to Market Roads 2001-2003 Farm to Market/Ranch to Market Road Rehabilitation/Restoration Program Exhibit G - Category 9, State Park Roads 2002-2004 State Park, Fish Hatcheries, Wildlife Management Area and Support Facility Program TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page 2 of 2 District VARIOUS Exhibit H - Category 10, State Rehabilitation of Signs, Signals and Pavement Markings 2001-2003 Traffic Control Devices Program 2001-2003 Rehabilitation of Traffic Management Systems Program Exhibit I - Category 11, State District Discretionary 2001-2003 District Discretionary Program Exhibit J - Category 13, North American Free Trade Agreement (NAFTA) Discretionary 2001-2003 Discretionary Program for NAFTA Related Projects Exhibit K - Category 14, State Rehabilitation/Restoration 2001-2003 State Rehabilitation/Restoration Program Exhibit L - Category 16, Miscellaneous 2000-2002 Railroad Grade Crossing Replanking Program 2000-2002 Railroad Signal Maintenance Program 2001-2003 Construction Landscape Program 2001-2003 Landscape Cost Sharing Program 1999-2001 Landscape Incentive Awards (Governor's Community Achievement Awards) The executive director is hereby authorized to proceed in the most feasible and economical manner with project development as approved herein to include any necessary agreements, right of way acquisition, utility adjustments, relocation assistance and construction. Submitted and reviewed by: Director, Transportation Planning and Programming Division Recommended by: Executive Director Minute Number 107737 Date Passed JAN 29 99 EXHIBIT C (4) Resolution No. 2001—RO345 CATEGORY 4D _ SURFACE TRANSPORTATION PROGRAM (STP URBAN MOBILITY/ HABILITATION 2003 STP URBAN MOBILITY/REHABILITATION PROGRAM Description: This category is to address the transportation needs in those urbanized areas with between 5,000 and 200,000 population. Projects in urbanized areas can be on any roadway with a functional classification greater than local road or rural minor collector. Program amount: $124,136,000 (Allocations to districts attached.) Basis of allocation: Annual allocations are given to the districts based on the percentage of the combined population of the qualifying cities within the district as compared to the state population in that category. Projects located within urbanized areas (population greater than 50,000) are selected by the district in consultation with the MPO. Projects located in urban areas (population between 5,000 and 50,000) are selected by the district in consultation with the local governments. Responsible division: Transportation Planning and Programming Division Resolution No. 2001-RO345 EXHIBIT C (4) (ATTACHMENT) 2003 STP URBAN MOBILITY/REHABILITATION PROGRAM TOTAL DISTRICTS ALLOCATION ABILENE AMARILLO ATLANTA AUSTIN BEAUMONT BROWNWOOD BRYAN CHILDRESS . CORPUS CHRISTI DALLAS EL PASO FORT WORTH HOUSTON LAREDO LUBBOCK LUFKIN ODESSA PARIS PHARR SAN ANGELO SAN ANTONIO TYLER WACO WICHITA FALLS YOAKUM $ 4,587,000 $ 6,527,000 $ 2,980,000 $ 3,970,000 $ 8,196,000 $ 1,537,000 $ 4,785,000 $ 221,000 $ 3,213,000 $ 8,394,000 $ 667,000 $ 3,905,000 $ 10,669,000 $ 5,299,000 $ 7,877,000 $ 2,223,000 $ 6,747,000 $ 3,636,000 $ 7,317,000 $ 2,733,000 $ 3,505,000 $ 6,519,000 $ 10,183,000 $ 4,424,000 $ 4,022,000 TOTAL $124,136,000 No Text VARIOUS County District VARIOUS TEXAS TRANSPORTATION COMMISSION MINUTE ORDER Page 1 of 2 WHEREAS, the UNIFIED TRANSPORTATION PROGRAM (UTP) of the Texas Department of Transportation ( the "department") is a ten-year plan which authorizes project planning, development and construction; and WHEREAS, the UTP is submitted to the Texas Transportation Commission (the "commission") for approval on an annual basis; and WHEREAS, Minute Order 102992, dated November 30, 1993, approved the handling of several of the categories of the UTP as bank balance programs; and WHEREAS, Minute Order 102992 also directed that any future program amounts and allocation formulas for the bank balance allocation programs be returned to the commission for approval; and WHEREAS, this action is consistent with the 1997-2001 Strategic Plan strategy to plan, design, and manage highway projects; NOW, THEREFORE, IT IS ORDERED that the annual program amounts and allocation formulas listed in the following Exhibits be approved, and that projects be developed in these programs on an as -needed basis; Exhibit A - Category 2, Interstate Maintenance 2002 Interstate Rehabilitation Program Exhibit B - Category 3C, National Highway System 2002 National Highway System Rehabilitation Program Exhibit C - Category 4, Surface Transportation Program (STP) 2000 Federal, Hazard Elimination Program 1999 Federal Railroad Signal Program 1993-2002 Supplemental STP Urban Mobility/Rehabilitation Program 2002 STP Urban/Rural Rehabilitation Program Exhibit D - Category 7, State Preventive Maintenance 2000 Preventive Maintenance Program Exhibit E - Category 8A, State Farm to Market Roads 2000 Farm to Market/Ranch to Market Road Rehabilitation/Restoration Program Exhibit F - Category 9, State Park Roads 2001 State Park, Fish Hatcheries, Wildlife Management Area and Support Facility Program TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page 2 of 2 District VARIOUS Exhibit G - Category 10, State Rehabilitation of Signs, Signals and Pavement Markings 2000 Traffic Control Devices Program 2000 Rehabilitation of Traffic Management Systems Program Exhibit H - Category 11, State District Discretionary 2000 District Discretionary Program Exhibit I - Category 13C, North American Free Trade Agreement (NAFTA) Discretionary 2000 Discretionary Program for NAFTA Related Projects Exhibit J - Category 13D, Urban Street Program 2000 Urban Street Program Exhibit K - Category 14, State Rehabilitation/Restoration 2000 State Rehabilitation/Restoration Program Exhibit L - Category 16, Miscellaneous 1999 Railroad Grade Crossing Replanking Program 1999 Railroad Signal Maintenance Program 2000 Construction Landscape Program 2001 Landscape Cost Sharing Program 1998 Landscape Incentive Awards (Governor's Community Achievement Awards) IT IS FURTHER ORDERED that the executive director is hereby authorized to proceed in the most feasible and economical manner with project development as approved herein to include any necessary agreements, right of way acquisition, utility adjustments, relocation assistance and construction. Submitted by: Reviewed by: Interim Director, Transportation Planning and Programming Division Interim Deputy Executive Director for Transportation Planning and Development Recommended by: Interim Executive Director Minute Number 107420 Date Passed FEB 26 98 EXHIBIT C (3) CATEGORY 4 - SURFACE TRANSPORTATION PROGRAM CATEGORY 4D - STP URBAN MOBILITY/REHABILITATION 1993-2002 SUPPLEMENTAL STP URBAN MOBILITY/REHABILITATION PROGRAM Description: This program addresses the transportation needs of in urbanized areas with populations between 5,000 and 200,000. Projects in urbanized areas can be on any roadway with a functional classification greater than local road or minor collector. Program amount: $237,058,000 (Allocations to districts attached.) Basis of allocation: Allocations are made based on the percentage of the combined population of the qualifying cities within the district as compared to the state population in that category. Eligible projects will be developed by the districts on an as -needed basis within their allocation. Responsible division: Note: Transportation Planning and Programming Division. Not apportioned by year. $237,058,000 is for Fiscal Year 1998-2002. EXHIBIT C (3) (ATTACHMENT) 993-2002 SUPPLEMENTAL STP URBAN MOBILITY/REHABILITATION PROGRAM DISTRICT DISTRICTS ALLOCATION ABILENE $8,762,000 AMARILLO $12,464,000 ATLANTA $5,691,000 AUSTIN $7,584,000 BEAUMONT $15,650,000 BROWNWOOD $2,937,000 BRYAN $9,137,000 CHILDRESS $423,000 CORPUS CHRISTI $6,134,000 DALLAS $16,032,000 EL PASO. $1,276,000 FORT WORTH $7,456,000 HOUSTON $20,374,000 LAREDO $10,119,000 LUBBOCK $15,042,000 LUFKIN $4,248,000 ODESSA $12,885,000 PARIS $6,944,000 PHARR $13,972,000 SAN ANGELO $5,221,000 SAN ANTONIO $6,690,000 TYLER X12,446,000 WACO $19,443,000 WICHITA FALLS $8,448,000 YOAKUM $7,680,000 TOTAL $237,058,000 LUBBOCK COUNTY CSJ: 0905-06-046 Highway: 50' Street Project:STP99(510) UM Limits: Loop 289 to Slide Road ATTACHMENT B RESOLUTION OR ORDINANCE Page 13 of 15 Resolution No. 2001-RO345 LUBBOCK COUNTY CSJ: 0905-06-046 Highway: 50' Street Project:STP99(510) UM Limits: Loop 289 to Slide Road ATTACHMENT C LOCATION MAP SHOWING PRO.IrF.CT CITY OF LUBBOCK 501" STREET FROM: LOOP 289 TO: SLIDE ROAD .Page 14 of 15 Resolution NO. 2001-RO345 LUBBOCK COUNTY CSJ: 0905-06-046 Highway: 50" Street Project:STP99(510) UM Limits: Loop 289 to Slide Road ATTACHMENT D Project Budget The City will participate in the cost of the widening of an existing off -system roadway from Loop 289 to Slide Road. Based on the funding Category 4D, the City's participation is 20% of the cost of this particular improvement and the other 80% will be paid for with federal funds. The City's estimated construction participation of this additional work is $840,620.54, including construction items, and engineering and contingencies. The State has estimated the project to be as follows: Engineering and contingencies charges will be based on actual charges City's Participation (20%) = $840,620.54 .s understood that the proposed improvements will be done by the State and the City will transmit to the State 1 the return of this Agreement, executed by the City, a warrant or check in the amount of $840,620.54 made hle to the "Texas Department of Transportation" to be used solely for the cost of improvements as ted by the City. It is further understood that the State will include only those items for the improvements ,sted and required by the City. This is a construction estimate only, final participation amounts will be actual charges to the project. Page 15 of 15 Total Federal State Local Description Estimate Cost Participation Participation Participation % Cost % Cost % Cost 6 g of city street r ;Engineering $3,786,579.00 80% $3,029,263.20 0% $ 0.00 20% $757,315.80 „�, y� ry & $416,523.69 80 0 $333,218.95 0% $ 0.00 20% $83,304.74 Contingencies (E&C)** (Estimated @I I % of construction) E & C Indirect Costs - $335,869.56 80% $268,695.65 20% $67,173.91 0% $0.00 (Estimated @ 8.87% of construction) (No local participation requirement) TOTAL $4,538,972.25 $3,631,177.80 $67,173.91 $840,620.54 Engineering and contingencies charges will be based on actual charges City's Participation (20%) = $840,620.54 .s understood that the proposed improvements will be done by the State and the City will transmit to the State 1 the return of this Agreement, executed by the City, a warrant or check in the amount of $840,620.54 made hle to the "Texas Department of Transportation" to be used solely for the cost of improvements as ted by the City. It is further understood that the State will include only those items for the improvements ,sted and required by the City. This is a construction estimate only, final participation amounts will be actual charges to the project. Page 15 of 15