HomeMy WebLinkAboutResolution - 4928 - Agreement - Texdot - Frankford Ave, Between Spur 327 & 50Th St, Improvements - 08/24/1995Resolution No. 4928
August 24, 1995
Item #20
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 with the State of Texas,
acting by and through the Texas Department of Transportation, to facilitate improvements to
Frankford Avenue between Spur 327 and 50th Street, attached hereto, 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
ATTEST:
&e,- a (:)-iL
etty . Johnson, City Secretary
APPROVED AS TO CONTENT:
Larry Hertel/P.E., City
APPROVED AS TO FORM:
Harold Willard, Assistant City Attorney
HW :da/ccdocs/spur327.res
June 27, 1995
DAVID R. LANGSTON,
STATE OF TEXAS
COUNTY OF TRAVIS *
f
Resolution No. 4928
Lubbock County
CSJ: 9 0157 Z>6 --o
Frankford Avenue
From: Spur 327
To: 50th Street
A G R E E M E N T
(SURFACE TRANSPORTATION PROGRAM
URBAN MOBILITY REHABILITATION)
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
Lubbock Urban Transportation Study, a Metropolitan Planning Organization,
chartered under the laws of the State of Texas, acting by and through the City
of Lubbock, Texas, hereinafter called the "City".
W I T N E S S E T H
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA")
codified under Title 23 U.S.C. Section 101 et seq., establishes the National
Intermodal Transportation System that is economically efficient and
environmentally sound, provides the foundation for the nation to compete in the
global economy, and will move people and goods in an energy efficient manner; and
WHEREAS, Title 23 U.S.C. Section 133 establishes that surface transportation
programs should be developed and implemented by the States' Transportation
Agencies; and
WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning
1 of 10
Organizations ("MPO's") and the States' Transportation Agencies develop
transportation plans and programs for urbanized areas of the State; and
WHEREAS, the State and the City desire improvements to Frankford Avenue from the
limits of Spur 327 to 50th Street, as shown in the attached "Exhibit A", to be
hereinafter identified as the "Project"; and
WHEREAS, Title 23 U.S.C. Section 120 establishes that the Federal share of
funding for surface transportation programs will not exceed eighty percent (808)
of the cost of the Project; and
WHEREAS, the City has offered to participate in the development and construction
of the Project by providing twenty percent (208) of the total engineering and
construction costs unless excepted as provided in section 12B, acquiring the
necessary right-of-way, accomplishing the adjustment of utilities, and other
necessary items required by the State; and
WHEREAS, on the day of 19 _, the Lubbock City Council passed
Resolution No.I/929, attached hereto and identified as "Exhibit B", authorizing
the City's participation in the development of the Project; and
WHEREAS, the State will secure the federal cost share, prepare the engineering
documentation, let the construction contract, provide the construction
inspection, and provide other items as required; and
WHEREAS, on the 29th day of September, 1994, the Texas Transportation Commission
passed Minute Order 104371, attached hereto and identified as "Exhibit C",
authorizing the Project through the State Transportation Improvement Program;
A G R E E M E N T
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:
1. CONTRACT PERIOD
This agreement becomes effective upon final execution by the State and shall
terminate upon final completion of the Project or unless terminated or modified
2 of 10
A
as hereinafter provided.
2. SCOPE OF PROJECT
A. The State and the City agree that the scope of the Project shall be limited
to the scope authorized by the Texas Transportation Commission.
B. The Project will be designated as a METROPOLITAN HIGHWAY for the limited
purpose of constructing the roadway facility; however, any existing city street
within the limits of the Project will not be designated or incorporated therein
prior to the State's award of the construction contract.
C. The City will continue to provide maintenance for all city roads within the
limits of the Project until the State's award of the construction contract.
3. ACQUISITION OF RIGHT-OF-WAY
The City shall assume the costs and shall be responsible for the acquisition of
all right-of-way required for the construction of the Project. The City 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 incidental expenses
incurred by the property owners. Documentation to support such compliance must
be maintained and must be made available to the State and its representatives for
review and inspection.
4. RIGHT-OF-WAY DESCRIPTION
The City will prepare right-of-way maps, property descriptions and other data as
needed to properly describe the right-of-way which the City is to acquire. The
right-of-way maps and property descriptions shall be submitted to the State for
approval prior to the City acquiring the necessary right-of-way. Tracings of the
maps shall be retained by the City for its permanent records.
5. RELOCATION ASSISTANCE
The City shall assume the responsibility of providing relocation assistance as
may be determined to be eligible under the Relocation Assistance Program. The
City 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.
3 of 10
6. UTILITY ADJUSTMENTS/RELOCATIONS
If the required right-of-way encroaches upon existing utilities and the proposed
highway construction requires the adjustment, removal or relocation of such
utility facilities, the City will establish the necessary utility work. Unless
otherwise provided by the owners of the utility facilities, the City shall be
responsible for all eligible costs associated with the adjustment, removal or
relocation of such utility facilities, and such adjustment, removal or relocation
shall be in accordance with applicable State law, local ordinances, franchise
agreements, regulations, policies and procedures. In the event additional
utilities are required to be adjusted, removed or relocated during the
construction of the Project, the City will be responsible for all costs
associated with the additional utility work, unless this work is provided by the
owners of the utility facilities.
7. ENVIRONMENTAL MITIGATION
A. The City will be responsible for the mitigation and remediation of any
environmental problems associated with the development and construction of the
Project. Should environmental problems be discovered upon completion of the
environmental assessment, the City shall provide to the State written
certification from the appropriate regulatory agency(s) that the environmental
problems have been remedied. The State will not let the construction contract
until all environmental problems have been remediated by the City.
B. All costs associated with the remediation of the environmental problems shall
be the responsibility of the City and/or the property owner(s). These costs will
not be credited to the City's financial share towards the Project.
S. CERTIFICATION
The City shall provide to the State forty-five (45) days prior to the
construction contract let date, a certification that all right-of-way has been
acquired, all relocation assistance has been provided, no encroachments are in
the right-of-way or have been absolved in accordance with applicable laws, all
known environmental problems have been remediated, and all conflicting utilities
have been adjusted to clear the proposed construction.
4 of 10
9. ENGINEERING SERVICES
A. The State will prepare or cause to be prepared the preliminary engineering
necessary for the development of plans, specifications and estimates (P.S. &
E.). Development of the preliminary engineering shall include environmental
assessment and necessary public involvement.
B. The P.S.& E. shall be developed by the State in accordance with the State's
Standard Suecifications For Construction Of Highways Streets And Bridges or its
currently approved revisions. The State shall submit the completed P.S. & E. to
the City for review thirty (30) days prior to submission to the Design Division
in Austin.
10. CONSTRUCTION RESPONSIBILITIES
A. The State shall advertise for construction bids, issue bid proposals, receive
and tabulate the bids and award a contract for construction of the Project in
accordance with existing procedures and applicable laws. Any change orders,
supplemental agreements or additional work orders which may become necessary
subsequent to the award of the construction contract shall be subject to the
approval of the State and City.
B. The State will supervise and inspect all work performed by the construction
contractor and will provide such engineering, inspection and testing services as
may be required to ensure that the construction of the Project is accomplished
in accordance with the approved P.S.& E. The City will be allowed to review the
construction work being performed by the State's contractor in coordination with
the State's representative.
C. Upon completion of the Project, the State will issue to the City a
"Notification of Completion" acknowledging that the Project has been completed.
Upon the City's receipt of the "Notification of Completion", the roadway will be
removed from the State Highway System and will revert under the jurisdiction of
the City.
11. MAINTENANCE RESPONSIBILITIES
Upon completion of the Project, the City will assume responsibility for
maintenance of the completed facility.
5 of 10
12. CONSTRUCTION FUNDING
A. The estimated cost associated with the design and construction of the Project
is $ 1.120.000.00 .
B. The State will be responsible to secure the federal share of the funding
required for the development and construction of the Project. The City will be
responsible for any non-federal participation costs associated with the Project.
However, in no event will the City's share of all engineering and construction
costs for the project exceed twenty percent (20%) of such costs, unless, the City
requests an alternative design which exceeds the State's Standard Specifications
For Construction of Highways. Streets and Bridges guideline, in which case the
City will be responsible for those additional costs.
C. Upon execution of this agreement, the City will submit a check or warrant
made payable to the "Texas Department of Transportation" in the amount of
$ 24.000.00. This amount is based on twenty percent (20%) of the estimated
costs for the development of the preliminary engineering and the plans,
specifications and estimates.
D. Sixty (60) days prior to the date set for receipt of the construction bids,
the State will notify the City that its additional financial share for the
construction is required. The City shall remit a check or warrant payable to the
"Texas Department of Transportation" in the amount specified by the State within
thirty (30) days of receipt of the State's written notification.
E. The State will perform an audit of all costs associated with the Project upon
completion. In the event additional funding is required from the City at any
time during the development of the Project, the City will provide the funds
within (30) days from receipt of the State's written notification. In the event
any funds are due the City, the State will promptly make arrangements to provide
the funds to the City.
13. INDIRECT COST RECOVERY PLAN
Chapter 2106, Texas Government Code, requires the State to recover indirect costs
based on a percentage of the State's actual direct costs to complete the Project.
The indirect costs will be in accordance with the State's Indirect Cost Recovery
6 of 10
Plan and will be based on the City's funding percentage provided herein. The
indirect cost percentage will be determined by the State and is revised each
State fiscal year. The State will notify the City of the indirect cost
percentage.
14. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by the
City shall remain the property of the City and all documents prepared by the
State shall remain the property of the State. All data prepared under this
agreement shall be made available to the State and to the City without
restriction or limitation on their further use. Upon completion of the Project,
the State will furnish to the City a set of reproducible final plans.
15. TERMINATION
A. This agreement may be terminated by any of the following conditions:
(1) By mutual written agreement and consent of both parties.
(2) By either party, upon the failure of the other party to fulfill the
obligations as set forth herein.
B. The termination of this agreement shall extinguish all rights, duties,
obligations and liabilities of the State and the City under this agreement. If
the potential termination of this agreement is due to the failure of the City or
the State to fulfill its contractual obligations as set forth herein, the City
or the State will notify the other party that possible breach of contract has
occurred. The City or the State should make every effort to remedy the breach as
outlined by the other party within a period mutually agreed upon by both parties.
C. Upon termination of this agreement, any funds paid in advance by the City and
not expended by the State shall be returned to the City as promptly as possible.
16. INDEMNIFICATION
To the extent permitted by law, the City shall indemnify and save harmless the
State, its officers, employees, agents and contractors from all claims and
liabilities due to the activities of the City and its officers, employees, agents
and contractors performed under this agreement and which result from an error,
omission or negligent acts of the City and its officers, employees, agents or
7 of 10
contractors. Additionally,, to the extent permitted by law, the City shall save
harmless the State, its officers, employees, agents and contractors from any and
all expenses, including attorneys fees and court costs which may be incurred by
the State in litigation or otherwise resisting said claim or liabilities which
might be imposed on the State as the result of such activities by the City, its
officers, employees, agents or contractors.
17. AMENDMENTS
Any changes in the time frame, character, agreement, provisions or obligations
of the parties hereto shall be enacted by written amendment executed by both the
City and the State.
18. 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 hereof and
this agreement shall be construed as if such invalid, illegal or unenforceable
provisions had never been contained herein.
19. 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 party at the following respective addresses:
State: Texas Department of Transportation
135 Slaton Highway
P.O. Box 771
Lubbock, Texas 79408-0771
City: The City of Lubbock, Texas
P.O. Box 2000
Lubbock, Texas 79457
Attn: Ms. Marsha H. Allen, P.E.
Transportation Planner
All notices shall be deemed given on the date so delivered or so deposited in the
8 of 10
mail, unless otherwise provided herein. Either party hereto may change the above
address by sending written notice of such change to the other in the manner
provided herein.
20. 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.
21. CIVIL RIGHTS COMPLIANCE
The City shall comply with regulations of the Department of Transportation as
they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B)); also
Executive Order 11246 titled "Equal Employment Opportunity", as amended by
Executive Order 11375 and as supplemented in the Department of Labor regulations
(41 CFR 60).
22. SOLE AGREEMENT
This agreement constitutes the sole and only agreement between the parties hereto
and supersedes any prior understandings or written or oral agreements respecting
the within subject matter.
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IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed
in duplicate counterparts.
Ald'
OF BOCK, S
By:
. Langs , Mayor
August 24, 1995
Date
ATTEST:
Betty M. Johnson, City Secretary
APPR AS CONTENT•
L,oLarry He el, P.E.
City Engineer
APPROVED AS TO FORM:
Harold Willard, Asst. C ty Attorney
10 of 10
THE STATE OF TEXAS
Executed for the Executive
Director and approved by the
Texas Transportation Commission
under the authority of Minute
Order No. 100002 and Adminis-
trative Circular 26-93, for the
purpose and effect of activating
and carrying out the orders,
established policies or work
programs heretofore approved
by the Texas Transportation
Commissi n.
By:
Robert Cuellar, P.E.
Deputy Executive Director,
Transportation, Planning and
Development
Date
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Resolution No. 4928
August 24, 1995
Item #20
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 with the State of Texas,
acting by and through the Texas Department of Transportation, to facilitate improvements to
Frankford Avenue between Spur 327 and 50th Street, attached hereto, 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 2 th day of'� August '1995.
DAVID R. LANGSTON,
I ATTEST:
Wr.� J •sal r•
FQA
APPROVED AS TO CONTENT:
.E., City
APPROVED AS TO FORM:
LIV
Harold Willard, Assistant City Attorney
HW:da/ccdocs/spur327.tes
June 27, 1995
TEXAS TRANSPORTATION COMMISbiON
VARIOUS County MINUTE ORDER
District VARIOUS
Page I of 3 Pages
WHEREAS,'Title 23, United States Code, Sections 134 and 135, as amended by the
Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991, requires each designated
Metropolitan Planning Organization (MPO) and the State, respectively, to develop a
Transportation Improvement Program (TIP) as a condition to securing federal funds for
transportation projects under either Title 23 or the Federal Transit Act (formerly the Urban Maas
Transportation Act of 1991); and
WHEREAS, Section 134(h) requires an MPO to develop its TIP -in cooperation with the
State and affected transit operators; and further requires the TIP to be updated at least once every
two years and to be approved by the MPO and the Governor; and
WHEREAS, Section 135(f) requires the State to develop a Statewide Transportation
Improvement Program (STIP) for all areas of the State in cooperation with those designated
MPOs and to be approved by the Governor; and
WHEREAS, Sections 134(h) and 135(f) specify the respective requirements and eligibilky
criteria for projects to be included in the respective TIPs; and
WHEREAS, by letter dated September 9, 1992, addressed to federal transportation
officials, the Honorable Ann W.- Richards, Governor of Texas, has delegated to the Texas
Transportation Commission (the commission) those powers and responsibilities granted to her by
the LSTE.A, save and except the Recreational Trails Program, and
WHEREAS, the various TIPS applicable to the designated MPOs, as well ss to those stns
outside designated MPO boundaries, have been pry for public comment by means of varkm
public meetings conducted by relevant authorities throughout the State; and
WHEREAS, the MPOs in the non -attainment areas of Dallas -Fort Worth, H Paso and
Houston wish to continue their programs under their presently approved FY 1994-1995 TIPS; sed
WHEREAS, these TIPS meet the air quality transportation conformity requirements as
promulgated by the federal final.rule on transportation conformity and have previously been
presented for public comment; and
WHEREAS, the commission at its meeting of August 25, 1994 reviewed a draft STS sod
by commission Minute Number 104228 directed the Executive Director to conduct or have
conducted a public hearing on the STIP and to report public comments together with Toa
Department of Transportation's (the department) recommendations or responses for final action by
the commission at the earliest date consistent with applicable policies and procedures; and
WHEREAS, widespread notice was made available for review and comment at each of die
department's 25 district offices, at the department's headquarters in Austin to provide citizens,
affected public agencies, representatives of transportation agency employees, other affected
employee representatives, private providers of transportation and other interested parties in
accordance with Sections 134 and 135 of the United States Code; and
TEXAS TRANSPORTATION COMMISbION
VARIOUS County MINUTE ORDER Page Z of 3 Pages
District VARIOUS
WHEREAS, a public hearing on the STIP was held at the department's offices at
200 East Riverside Drive in Austin, Texas, on September 16, 1994; and
WHEREAS, oral and written comments received due to this hearing process were
analyzed and the department's responses and recommendations were submitted to the commission
for consideration as reflected in Exhibit 'B'; and
WHEREAS, in response to a comment received in the public hearing, the Jefferson,
Orange, Hardin Regional Transportation Study (JOHRTS) MPO for the FY 1994-1996 TIP is
replaced with a revised TIP; and
WHEREAS, the final rule on transportation conformity requires the TIP in a non -
attainment area to show a reduction in the Volatile Organic Compounds (VOC) and Nitrogen
Oxides (NOx); and
WHEREAS, the JOHRTS TIP conformity analysis met the VOC test and not the NOx
test; and
WHEREAS, the JOHRTS MPO has adopted the revision to the TIP subject to receiving a
NOx waiver from the Federal Environmental Protection Agency (EPA); and
WHEREAS, after due deliberation and consideration the commission fiords that the
requisites of Section 134 have been fully satisfied as they pertain to development of the prescribed
TIPS by each of the 25 MPOs, and that the STIP attached to this order as Exhibit "A, fully
satisfies requisites of Section 135 as they pertain to the STIP;
PURSUANT TO THE AUTHORITY DELEGATED TO THIS COMMISSION BY THE
GOVERNOR OF TEXAS, NOW THEREFORE, IT IS ORDERED that the respective Ties of
each designated MPO, as well as those areas outside designated MPO boundaries as reflected
the STIP in attached Exhibit 'A', are hereby approved and the Executive Director is directed to
submit the document to appropriate federal agencies for approval consistent with applicable
policies and procedures; and
IT IS FURTHER ORDERED that the JOHRTS MPO TIP is hereby approved subject to
receiving an EPA NOx waiver; and
TEXAS TRANSPORTATION COMMISbiUN
VARIOUS County MINUTE ORDER Page 3 of 3 Pages
District VARIOUS
IT IS FURTHER ORDERED that the Director of the Transportation Planning and
Programming Division sign all necessary certifications required by federal rules.
Reviewed by:
Director, Transportation Planning and Deputy Executive Director for
Programming Division Transportation Palming and Development
Recommended by:
Executive Director
Minute Number 104371
�'
MEMORANDUM
reacts
d Ti�tnrjoort+�bn
TO: Ron Davis
District Accounting Office
FROM:laude C. Kneisley
District Right of Way Administrator
SUBJECT: Frankford Avenue
County: Lubbock
CSJ: 905-06-028
Limits: From: Spur 327
To: 50th Street
DATE: October 19, 1995
Attached is a check from the City of Lubbock for Twenty-four Thousand and No/100
Dollars ($24,000.00) which represents the 20% payment for the estimated costs for
the development of the preliminary engineering and the plans, specifications and
estimates as agreed upon by contract for the above identified project.
Please, deposit in accordance with appropriate procedures.
Copy to: Steve Warren, P.E.
Director Transportation, Planning and Development
Marsha Allen, P.E.
Transportation Planner, City of Lubbock