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HomeMy WebLinkAboutResolution 1996-008 RESOLUTION NO. 96-08 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The Mayor be, and is hereby authorized and directed to execute the ISTEAlCMAQ Agreement of this date with the Texas Department of Transportation dealing with construction of appurtenances to the Rufe Snow Drive/Karen Drive Intersection Project as the act and deed of the City. 2. A copy of said agreement is attached hereto, marked Exhibit "A", and made a part hereof. 3. The sum of $2,150 as payment to the State of Texas to cover their administrative costs is herby approved. The funds have already been appropriated for the City's portion of the engineering cost for this 1994 Bond Program project under account number 13-13-94-6000. PASSED AND APPROVED this 22nd day of January, 1996. APPROVED: ~~ Tommy Brown, ATTEST: /~. If' / } \ p--Øñ-/2Z0 ..... ~~ J¡~mette Rewis, City Secretary APPROVED AS TO FORM AND LEGA Attorney for the City Agreement No. 5XXF6090 Tarrant County CSJ: 0902-48-281 Rufe Snow From: Karen Drive To: I H 820 56 % Federal 44% Local STATE OF TEXAS * COUNTY OF TRAVIS * AGREEMENT (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM) 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 North Richland Hills, Texas, acting by and through its authorized officials hereinafter called the "City". WIT N E SSE T B 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 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies; and WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the City is a member of the North Central Texas Council of Governments, a Metropolitan Planning Organization established under the laws of the State of Texas. WHEREAS, the State and the City desire the intersection improvements of Rufe Snow Drive from Karen Drive to IH 820, as shown in the attached Exhibit "A", to be Type "J" 12/14/95 Page 1 of 12 ._-'_.'"-------------------"".,_....---~-~,-- hereinafter identified as the "Project"; and WHEREAS, Title 23 U.S.C. Section 120 establishes that the Federal share of funding for CMAQ will not exceed eighty percent (80%) of the cost of the Project; and WHEREAS, the city has offered to participate in the development and construction of the Projects by providing funding, preparing the design documentation, acquiring the necessary right-of-way, accomplishing utility adjustments and other necessary items required by the State; and WHEREAS, on the 11 day of January 19~6, the N. Richland Hills city Council passed Resolution No. 96 OS ' 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, let the construction contract, provide the construction inspection, provide other items as required; and WHEREAS, on the 30 day of November, 1994, the Texas Transportation commission passed Minute Order 104667, attached hereto and identified as Exhibit "C", authorizing the Project through the State Transportation Improvement Program; AGREEMENT 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 completion of the Project or unless terminated or modified 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 a part of the State Highway System as a METROPOLITAN HIGHWAY for the limited purpose of constructing the roadways; however any existing city roads within the limits of the Project will not be designated or incorporated therein prior to the State's award of the construction contract. Type "JII 12/14/95 Page 2 of 12 '"--~-----_.- 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 A. The City shall pay all costs and perform all necessary requirements to provide ti tIe in the name of the City to the desired right-of-way required for the construction of the Project, which title shall be acceptable to the State. The City shall provide all right-of-way free and clear of all improvements and/or encroachments. The City will comply with and assume the costs for compliance with all the requirements of Title II and 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 in conveying the right-of-way to the City, and benefits applicable to the relocation of any displaced person as defined in 49 CFR, 24.2(g). Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. The City shall secure and provide easements over any other land in addition to normal right- of-way as may be indicated on the approved right-of-way map. The City will be responsible for any additional right-of-way required for the completion of the proj ect. B. In the event the right-of-way is donated to the City after the federal authorization date for acquisition of right- of-way, the City will provide all documentation to the State regarding the value of the acquired property. The State will review the City's appraisal of the donated property to determine the fair market value. The fair market value of donated right-of-way will be credited towards the City's financial share towards the cost of the project. C. The State will not reimburse the City any funds in the event the right-of-way was purchased before execution of this agreement or the fair market value of the donated property exceeds the City's financial share towards the project. 4. RIGHT-OF-WAY DESCRIPTION The City shall prepare right-of-way maps, property descriptions and other data as Type "J" 12/14/95 Page 3 of 12 _·,.'"...·.~_·_c,~_"..""-''-____,.._.~~~_____'" needed to properly describe the right-of-way which the City is to acquire and provide for the project. 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. 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 and its consultant will establish the necessary utility work and notify the appropriate utility company to schedule their adjustments. The City shall be responsible for all 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, 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. 6. DETERMINATION OF RIGHT-OF-WAY VALUES The City agrees to make a determination of property values for each right-of-way parcel by methods acceptable to the State and to submit to the State's District Office a tabulation of the values so determined, signed by the appropriate City representative. Such tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land taken, itemization of improvements taken, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in arriving at all determined values. Expenses incurred by the City in performing this work may be eligible for reimbursement after the City has received written authorization by the State to proceed with determination of right-of-way values. The State will review the data submitted and may base its reimbursement for parcel acquisitions on the Type "J" 12/14/95 Page 4 of 12 values which are determined by this review. 7. CONDEMNATION Condemnation proceedings will be initiated at a time selected by the City and will be the City's responsibility at its own expense as hereinafter indicated. The City will concurrently file condemnation proceedings and a notice of lis pendens for each case in the name of the City, and in each case so files the judgement of the court will decree to the City title to the property condemned. 8. COURT COSTS, COSTS OF SPECIAL COMMISSIONERS' HEARINGS Court costs of Special Commissioners I hearings assessed against the City in condemnation proceedings and fees incidental thereto will be paid by the City. Such costs and fees incurred after written authorization by the State to proceed with condemnation will be eligible for reimbursement at an amount not to exceed fifty six percent (56%) of the actual cost under the established reimbursement procedure provided such costs and fees are eligible for payment. 9. REIMBURSEMENT Reimbursement will be made to the City for right-of-way purchased in an amount not to exceed fifty six percent (56%) of the cost of the right-of-way purchased in accordance with the terms and provisions of this agreement. Reimbursement will be in accordance with the terms and provisions of this agreement. Reimbursement will be in the amount not to exceed fifty six percent (56%) of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. In addition, reimbursement will be made to the City for necessary payments to appraisers, expenses incurred in order to assure good title to property acquired and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. Reimbursement shall not exceed fifty six percent (56%) of such documented costs. If condemnation is necessary and title is taken as set forth herein under the section entitled "condemnation", the participation by the State shall be based on the final judgement, conditioned upon the State having been notified as to all action taken therein. Type "J" 12/14/95 Page 5 of 12 10. 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 environmental problems have been remediated, and all conflicting utilities have been adjusted to clear the proposed construction. 11. 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. 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 contracts 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 owners. These costs will not be reimbursed or credited towards the City's financial share of the Project. 12. ENGINEERING SERVICES A. The City 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 holding of necessary public meetings and a public hearing. B. The P.S.& E. shall be developed by the City or its consultant in accordance with the State's latest Standard Specifications For Construction Of Highways, Streets And Bridges or its currently approved revisions. C. The City shall submit the completed P. S. & E. to the State for review and approval. Should the State determine that revisions are required to the P.S.& E., the City shall make the necessary revisions. The State will not let the construction contract until the P.S.& E. have been approved by the State. 13. PROJECT FUNDING A. The total costs for right-of-way and construction for the Project is estimated at $484,000. Type "J" 12/14/95 Page 6 of 12 ".,"~~_....,".,,-.~,--------....~.,....,..._------",~~ 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. C. Upon execution of this agreement, the City will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $2,150. This amount is based on one percent (1%) of the estimated local share participation cost. The funds will be utilized by the state to review the engineering documentation and other incidental costs. D. Sixty (60) days prior to the date set for receipt of the construction bids, the state will notify the City that its financial share for the construction is required. The City shall remit a check or warrant in the amount established by the state within thirty (30) days from receipt of the state's written notification to the address provided herein. E. In the event the state determines that additional funding is required by the City at any time during the development of the Project, the State will notify the City in writing of the additional amount. The City will make payment to the state within thirty (30) days from receipt of the State's notification. Upon completion of the Project, the state will perform an audit of the cost and any funds due the City will be promptly returned. 14. 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 Plan and will be based on the City's funding percentage provided herein. 15. 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 field changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of Type IIJII 12/14/95 Page 7 of 12 - -. "-~~'--_....-_·_~--~--,-~~...........~,---___-..-___.w the City and subject to the approval of the State. 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. 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. 16. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the City will assume responsibility for maintenance of the completed facility. 17. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City. 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 without restriction or limitation on their further use. 18. 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 obligation as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred. The City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties. Type "J" 12/14/95 Page 8 of 12 "__'4"'~'_~~_"'._~'__~__'__'~"'~=._~."~'_~__'~_y~_"""-_ 19. 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. 20. INDEMNIFICATION The city acknowledges that it is not an agent, servant, or employee of the state and thus, is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work defined in this agreement. 21. 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. 22. 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 provision had never been contained herein. 23. COMPLIANCE WITH LAWS The City 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 the agreement. When required, the City shall furnish the State with satisfactory proof of the compliance therewith. 24. 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: Type "J" 12/14/95 Page 9 of 12 ..__._---~~^~~--~.,.."...'"~~-~,,-~~..._-,----~--"'..~.~---""......~~~"'"- state: Texas Department of Transportation 2501 Southwest Parkway P.O. Box 6868 Ft. Worth, TX 76115-0868 City: The City of North Richland Hills, Texas P.O. Box 820609 North Richland Hills, Texas 76182 All notices shall be deemed given on the date so delivered or so deposited in the 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. 25. 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. 26. INSPECTION OF BOOKS AND RECORDS The state will, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of the work performed by the City at the time of contract termination. The City 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, Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from the date of completion of work defined under this contract or until impending litigation is resolved. Additionally, the state, FHWA and their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions. Type "J" 12/14/95 Page 10 of 12 .~. ~""-~'--~.-"-'.~-"'-----~,~,,-_._~-,._-~._..~-=.-.._--~-...----......,~~ 27. OMB AUDIT REQUIREMENTS The city 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 paragraphs 6, 8 and 9 of OMB Circular No. A-128. 28. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established in Title 49 CFR Part 18.32 and the property management standards established in Title 49 CFR Part 18.36. 29. CIVIL RIGHTS COMPLIANCE The City shall comply with the 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). 30. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Disadvantaged Business Enterprise Program Requirements" established in 49 CFR Part 23, Subpart D. 31. DEBARMENT CERTIFICATIONS The City is prohibited from making any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The City shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and Suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. Type "J" 12/14/95 Page 11 of 12 -..-._.^~._~~-~----..~~ IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. By: "-- THE CITY OF NORTH RICHLAND HILLS, TEXAS Á..~~ Tommy Bro~ Typed Name Mayor Title January 22, 1996 Date ''þ'' .'.--' ATTEST: ' ,. _./ , ¡ . ci' ;:c,¿!1i:.'-./ I-«I¿(~:::? /- City secretary (/ THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of/stand Alone Manual Notice 95-4 for the purpose and effect of activating and Czrr ng out the orders, established policies or work programs heret~~;e a~;ro;ed b ¡ne I~~s Transportation Commission. By: C/;J¿lAJi-u ú ' /I~ ~~f P [ J Charles W. Heald, P.E. Typed Name District Engineer Title . 2~, .r/_ Date . . /é Type "J" 12/14/95 Page 12 of 12 CERTIFICATION I, Patricia Hutson, Assistant City Secretary of the City of North Richland Hills, Texas do hereby certify that the attached is a true and correct copy of Resolution No. 96-08 approved by the City Council of the City of North Richland Hills at a regular meeting on the 22nd day of January, 1996 as the same appears in the records of this office. In testimony whereof, I subscribed my name hereto officially under the corporate seal of the City of North Richland Hills, this the 30 day of January, 1996. ~) . (/ Í2ú(Cld 1!úF~ Patricia Hutson, Assistant City Secretary City of North Richland Hills, Texas I I 'awl'< ('~ ':l ~~" ' ,~c ANIEl ~ os u .'E~: ì :ORI ,7'> . ~ .,.?... 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J ~ 0 'f:>- ;z:.... Þ' "V 51 -'I ::> S Du.."J A / "II \ ~ 0; OND LOCH ...... ~ ).... I~ WJ( ~;" ~!..: 0 ~ ~, lr¡~ t ì a:::;:;: ~ 0 'A.LCUr I q è) ;1 ~ / \ . - " ~ ~!<-r '" ,'~<' <: , 0 - f"', g I ;, ~ ~ :3 P'PWNf "" > ,"""". ." '1', 0 , ~ " ,-, i . u . u 0, ,¡_ D"mond Oa,s '., ~ GR EN ~ I I ~I ~~t, _ : g C OSS 26 HARb,STY '::~SlY ~ LENVIE ~~."'- "SUE; '1~20 ' 0 n~ ~ H U RS T ~~. Coun"y Club ' ro C 1Lf ~ U ~I~._ - i?:¡... ."'> ~w ,-,--. _ q " I 'w 0 ~ :OLO~' : '? ~ '" ~ ,(l'~,'..p rP/ IN MAl: - PA-,< PLACE . _ ~ ~ Pop 33.574 ùl,,~ : "ARMONSEN ª ,. '...f:l'~ ,:t EVE G E^ \ I: -~ MEUiOUR\E'< _~ ~.- ' _\ ~ I .-',. ..- '-..IB3 I r:, ;1 ~I ;;:1 F_ ~ V· \ M.-::: - ,.-ll_ I ~ ~1~1 ~r_ '" ~ Y10,:,~",' , ~: 121) ,KATHRYN 0l 1"1 c.~-=- ,.. '( -.¡--II"~o,\ ~~ RICHLANO'~ ,\" ~~ I ~ç~O<5";\'- r~1 -, Ú ih; 0 ON\'íir:;X NO~,~;;; ~1,p~~JO ,,<-,0;0, I"~,J ~~ ð " ¡; 2 is ~ ã ~. ~ :6 f~,~~~ ~~ç¡T:-:"~()()O _ {~~ ~ (í I ~~::~ d ~ ¿ d'~¿" ~~~~' ~ Ú~~ ~~d__ ~ ~ ~ ~ ~ ª ! ~ ~ ~ :~ _ I J I ~"J,o u l{j~ è51 rCI p. I (, I ~a" 't13~~ ~ " 1'10 1Ef/)~RfU . r? & V> L__ ,,: OOVER'" S ~ v " u ~ ::r ~~I\obo ! ~!I n ~ §i;1 I~l: \.£~~I II ¿ ~ ~ 8r- ~ l~~ K óS ~-~ L---Park ~ ~~~:g \ ðì1 ~~L ¿tgt +- f' ~~ ~ _ONYX Q "> c::: qJ 0 ' 8ROO 0 Q RROOK<:' ~ --- EVELYN ~/IQ:¡ 1 "'~I ARRJS J ç ..... CHt::".,,'r 'j G 61 '.' LC· ONYX SOU.'1 ~bit' HOVENC ~ ~-~HOVENKAM ~T-:::: ",,';:or--: VALENCIA. PO'~R: ~ ~' r:~ ~~Æ" ~ '?11~~ - - ~~\ CHL~æ'O PLAZA" ""~"t;s-::' RICHLAND. -. .. "- j ~1 ENC/NO, I / ~f ~ (, ~ BRAOFJd'i i~f~l .} _ . (\ , I (474) 'll -- BR'OGES --- '<- fj _ _'1"5J'" ___! \ ~L~_~r:¡DI[ ; '" I' ,",' ""'- HILLS ~ BR'OGES.__~: J u 1-_1__ ~ , IWF_iF.NON, ,~c,'0es ",;./ }-,' ~~\] -1,1¡ ~l '-- ~ - , I ~.:,~,' li\:: __ L ~ I,. " £ -' 0 3 ~-Î ~~ r Pop 7978 I RAMR W[Sf " I (em ===1:t===-,- t~s ';>~~ - . :...~~'J ' !il ~I r~ ~--<1~3~Ü- :A6T~~- -~ ~ HfU-L 'Iß;;' J I i_~o '"qs' 'ì, ~ I, ~ ;~êS'- WÑ~P~H I ~lJ¡''ì J Fr- ~-",---,~!l'"-1 ;!!~y~~, :--~--\" :-1 ~ g~"6::¡ PEe: '~f~'J-"Ò'_'J "L¡~'~ .l///-~~<'). ~~,It:/ J \8a;~::or \ : i~_~ _ ;~ /0.,," -- -~~ ~11~ :.IN:' f-ð;' <-9 .:; _~ /')~W 8"d"".__1 ", '[" -._ "I rtf"o," q '" - 0 1: 0 ¡r /::>;/ 1/ t~~~__,,_--->..__~___ -~ 1 J1~N Q (.) '<.I ~ ~ ~..: "~_/_ ~ I' C.me,." ·-~'C~----":_--... ~ Jþ""--'-. ~ . xU U ~ ~ < ~,,~ '" " ,':{._-::,-. // McCULLAR l"'-';2^:O ~~" -tv sur- t I: § ~ ~ ~ ~ ~ ~ t: ; iRK 6.,,,?~Y- T:"'YT TT~TfT'\ "'o~~J 0',"S' Ca" "'"1 >1" , 3. < " ~/.~;,- H t-t ~ I'" ð." HIC;;¡-'¡;,.,\ In I -",', \Pk, ~ I <3 ." >2 0 ,/ - r - , Ii- - 1 '- - ,~ ":Irì" -- -- -, . ~ .::;. - ~--"---Lj -' .-.---L.....--'-_ f>-( JERlVAL£ " ~~"-;:,~:;~~-~~-~, S'¡::~T BY: TXDOT -" =: ~ VARIOUS (j District V ARIOU~ ;12-12-94; 7:51 TXDOT~ 817 370 6759;# 2 TEXAS TRANSPORT A TION COMMISSION County MINUfE ORDER Page ---L- of ~ Pages WHEREAS, Title 23, United Stales Code, Sections 134 and 135, as amended by the I~termodal Surface TraÍ1sportation Efficiency Act (ISTEA) of 1991, requires each designated ~etropolitan Planning Organization (MPO) and the State, respectively, to develop a Transportation Improveplent Program (TIP) as a condition to securing federal funds for transportation projects tinder either Title 23 or 49 of United States Code; and' WHEREAS. Seption 134(h) requires an MPO to develop its TIP in cooperation with the state and affected transi~ operators; to provide citizens, affected public agencies, representatives of transportation agency employees. other affected employee representatives, private providers of transportation and other interested parties with a reasonable opportunity to comment on the proposed TIP; 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 lµ1provement Program (STIP) for all areas of the state in cooperation with those designated MPOs; and further reqvires the Governor to provide citizens, affected public agencies, rþpresentatives of transportation agency employees, other affected employee representatives, private providers of tr~portation and other interested parties with a reasonable opportunity to cbmment on the propo~ed STIP; and WHEREAS, Sections 134(h) and 135(f) specify the respective requirements and eligibility criteria for projects to be included in the respective TIPs; and WHEREAS. by letter dated September 9, 1992, addressed to federal transportation officials, the Honorabl~ Ann W. Richards, Governor of Texas, has delegated to the Texas Transportation Commi$sion (the commission) those powers and responsibilities granted to her by ISTEA, save and except the Recreational Trails programs~ and WHEREAS, the FY 1995-1997 STIP, which was approved by commission Minute Order 104371, on September 29, 1994, included the FY 1994-1996 TIPs for the Dallas-Fort Worth. and Houston MPOs; and WHEREAS, the MPOs in the non-attainment areas of Dallas-Fort Worth and Houston desire to replace their FY 1994-1996 TIPs in the FY 1995-199.7 STIP with new FY 1995-1997 TIPs as shown in Exhibit "A"; and ' WHEREAS, the MPOs have presented these new TIPs for public comments; and WHEREAS, the fmal rule on transportation conformity requires the TIP in a non- <¡.ttainment area to show a reduction in the Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOx); and WHEREAS, the Houston TIP met the air quality transportation conformity requirements as promulgated by the federal tinal rule on transportation conformity; and EXI-IIBIT "C" - .' TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUfE ORDER Page .l of --L. Pages District VARIOUS WHEREAS, the Dallas-Fort Worth conformity analysis met the VOC test and not the NOx test; and WHEREAS, the Dallas-Fort Worth MPO has adopted its FY 1995-1997 TIP subject to receiving a NOx waiver from the federal Environmental Protection Agency ~P A); and WHEREAS, the commission, at its meeting on October 27, 1994, reviewed the drafts of the TIPs for the Don-attainment areas of Dallas-Fort Worth and Houston and by commission Minute Order 104500 directed the executive director to conduct or have conducted a public hearing on these TIPs and to report public comments together with the department's 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 the department's twenty-five (25) district offices, and at the department's headquarters in Austin, to provide input from citizens, affected public agencies, representatives of transportation agencies 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 WHEREAS, a public hearing on these TIPs was held at the department's offices at 200 East Riverside Drive in Austin, Texas, on November 18, 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, the commission finds that the requisites of Section 134 have been satisfied as they pertain to the MPOs' TIPs subject to receiving a NOx waiver from the EPA in the Dallas-Fort Worth area; NOW, THEREFORE, PURSUANT TO THE AUTIIORITY DELEGATED TO THIS COMMISSION BY THE GOVERNOR OF TEXAS, IT IS ORDERED THAT the Houston FY 1995- I 997 TIP is hereby approved; and IT IS FURTHER ORDEREp that the Dallas-Fort Worth FY 1995-1997 TIP is approved subject to receiving an EP A NOx waiver; and EX~IBIT "Cn Sf.¡-n BY: TXOO I .1¿-1¿-::J4. I<U. - .. .......... ....................... ...... TEXAS TRANSPORT A nON COMMISSION V ARlOUS County MINUTE ORDER Page ì. of ì. Pages Distnct V ARlOUS IT IS FURTHER ORDERED that the FY 1995-1997 STIP is hereby amended by taking appropriate actions on projects as shown in Exhibit "A." Dir r, raosportation P nning and Programming Division ~~ Deputy Executive DIrector for Transportation Planning and Development Minute Number 1.04b6? Date Passed H 0 V 3 0 ~ 4 EX:I-ITBI'T "C·· PAGE NO. 2 TRANSPORTATION IMPROVEMENT PROGRA~ FORT IIOR [H DALLAS-FORT IIORTH MPO F Y 1997 \J,-;0õ~r< c -------------------------------~--------------------------------------------------------------------~---------------------- COMMENTS DISTRICT COUNTY NAME OR DESIGNATION LOCATION (FROM) LOCAT ION (TO) DESCRIPTION OF IIORK P ROJ I D F. CLASS LANES LENGTH CSJ FED PROG FEDERAL ST. CAT STATE PHASE LOCAL PlPO TOTAL FORT IIORTH CS T~RR~NT REGIONAL CORRIDOR I1ANAGEI1ENT SYSTEM COG /I 4339 7 o -----------+------------------------------------------------------------+-----------.--------+-----------+---------------- 9902-48-930 INCIDENT DETECTION-RESPONSE PROGRAM 0.001 -----------+------------------------------------------------------------+-----------+--------+-----------+---------------- FORT IIORTH FI1 3029 T~RRANT THOUS~ND OAK DR SH 26 IN HURST ON PRECINCT LINE RD 3125-01-010 UICEN FROI1 5 TO 7 LANES COG /I 1648 4 5 0.900 STP-I1M 4C T 1106 STP-1111 4C C,E 1106 5400,000 01/97 100,000 o 5500,000 51,126,400 11/96 281,600 352,000 $1,760,000 -----------~------------------------------------------------------.-----------+--------+-----------.---------------- FORT UORTH KH TARRANT ON DEBBIE LANE FROI1 BUSINESS US 287-P US 287 IN KANSFIELD 8352-02-001 RECONSTRUCT EXISTING TIIO LANES TO A DIVIDED FOUR LANE TXDOT 4 2 1.100 STP-UM 4D C,E,R 1106 $1,164,028 11/95 291,007 461,000 $1,916,035 --+------------------------------------------------------------+-----------+--------+-----------+---------------- FORT UORTH FI1 2280 JOHNSON US 67 FI1 917 IN SECTIONS 2465-01-009 IIIDEN EXISTING TIIO LANES TO INCLUDE PAVED SHOULDERS TXDOT 5 2 4.852 STP-R 4F C,E 1106 $2,128,080 11/95 532,020 o $2,660,100 -----------+------------------------------------------------------------+-----------+--------+-----------+---------------- E FORT IIORTH IFM 1187 TXDOT STP-RX $2,317,440 08/97 T~RRANT IAT I1KT RR EAST OF CROll LEY 3 loG 579,3600 o C, E,R 1330-01-029 RAILROAD GRADE SEPARATION & APPROACHES 0.001 1106 S2,896,8OO -----------+------------------------------------------------------------+-----------+--------+-----------+---------------- FORT IIORTH BS 114L COG /I 4164 CI1AC 52,849,353 11/96 TARRANT SH 114 TO SH 26 IN GRAPEVINE 3 5 736,902 4 C,E,R 1,326,423 0353-07-903 CORRIDOR II1PROVEI1ENTS 1.900 1106 $4,912,677 -----------+---------------------------------------------------_.--------+-----------+--------+-----------+---------------- FORT IIORTH CS TARRANT FORT ~ORTH TRANSIT AUTHORITY COG /l2674A 4 o 0902-48-982 REPLACE 79 BUSES 0.001 -----------+------------------------------------------------------------+-----------+--------+-----------+---------------- FORT IIORTH CS T~RRANT PIPELINE RD / I1ELBOURNE RD IN HURST COG /I 4314 4 4 9902-48-944 INTERSECTION II1PROVEKENTS 0.001 ---+--------+-----------+---------------- -----------+------------------------------------------------------------+ CI1AC 5 T 1106 CI1AC 5 C,E,R 1106 56,560,000 01/97 o 1,640,000 $8,200,000 ,.- 5129,600 11/96 o 110,400 S24O,000 FORT IIORTH CS COG /I 4172 CMAC $250,000 11/96 TARRANT RUFE SHOll iiI GLENVIEII DR IN NORTH 4 5 0 RICHLAND HILLS 4 C,E,R 250,000 9902-48-946 INTERSECTION II1PROVEI1ENTS 0.001 1106 5500,000 -----------+------------------------------------------------------------+-----------+--------+-----------+---------------- FORT ~ORTH CS TARRANT FIELDER RD/NORllOOD LN IN ARLINGTON COG /I 4013 CI1AC $120,750 10/97 450 4 C, E, R 51.,250 9902-48-950 INTERSECTION II1PROVEI1ENTS 0.001 1106 $175,000 --+------------------------------------------------------------+-----------+--------+-----------+---------------- FORT IIORTH CS T~RRANT RUFE SHO~ FROM KAREN DR TO NORTH RICHLAND HILLS 9902-48-951 INTERSECTION IMPROVEKENTS IH 820 IN COG /I 4173 CI1AQ 4 5 4 C,E,R 0.001 1106 $268,500 11/96 o 268,500 $537,000 I ------------ 5120,750 10/97 o 51.,250 $175,000 , $355,500 07/97 o 91. ,500 $450,000 -----------+------ ----------------------+---+------+ FORT IIORTH CS T~RRANT P~RI( ROIl DR ¡;¡ NORUOOD LN IN ARLINGTON COG /I 4015 4 4 9902-48-951. INTERSECTION II1PROVEMENTS 0.001 -----+ --------------------------------+---- COG /I 4012 4 4 FORT UORTH CS T~RRANT O~K\IOOD LN TO RANDOL I1ILL PARK ON RANDOL "ILL RD IN ARLINGTON 9902-48-955 CORRIDOR II1PROVEI1ENTS 0.001 --------------------------------------------------------------------------------------------------------------------------- PH~SE: E=ENGINEERING, C=CONSTRUCTION, R=ROII, T=TRANSFER CI1AQ 5 C,E,R 1106 CItAQ 5 C,E,R 1106 EXHIBIT "C"