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HomeMy WebLinkAboutResolution 1994-059 RESOLUTION NO. 94-59 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 ISTEA/STP-MM Agreement of this date with the Texas Department of Transportation dealing with construction of appurtenances to Rufe Snow Drive from I.H. 820 to Watauga Road 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 $95,000 as payment to the State of Texas to cover their administrative costs is hereby 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 13-39-02-6000. PASSED AND APPROVED this 14th day of November, 1994. APPROVED: ~ Tommy Brown, or ATTEST: e)l. J.." e> 1 T "A't :K'::Jle~'henc NO. ~XXF6022 -- STATE OF TEXAS * Tarrant County CSJ: 0902-48-928 and 0902-48-193 Rufe Snow Drive: From IH 820 to Watauga Road COUNTY OF TRAVIS * A G R E E MEN T (SURFACE TRANSPORTATION PROGRAM - METROPOLITAN 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 North Central Texas Council of Governments, a Metropolitan Planning Organization, acting by and through the City of North Richland Hills, Texas, hereinafter called the "City". WIT N E SSE 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 Organizations ("MPO' s") and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the State and the City desire the improvements to Rufe Snow Drive from the limits of IH 820 to Wataug&-Road in North Richland Hills, 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 10/28/94 Type "A" Page 1 of 11 .. funding for surface transportation programs for urbanized areas 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 _ day of , 19_, the City Council passed Resolution No. 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 inspections, provide other items as required; and WHEREAS, on the 28th day of September, 1993, the Texas Transportation Commission passed Minute Order 102788, attached hereto and identified as "Exhibit C", authorizing the Project through the State Transportation Improvement Program; A G R E E MEN 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 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. 10/28/94 Type "A" Page 2 of 11 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 perform necessary requirements to provide the desired right-of-way required for the construction of the Project. The City will comply with and assume 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 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 shall 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 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. 4. RIGHT-OF-WAY DESCRIPTION The City shall 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 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 consuitant 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 10/28/94 Type "A" Page 3 of 11 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. 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. 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 Projects. 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. 8. 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 a public meeting and public hearing. The City must comply with applicable State and Federal rules and procedures in the selection of its consultant. The selection procedures to be utilized by the City must have prior approval by the State and shall comply with 23 CFR Part 172. 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 Hiqhways, 10/28/94 Type "A" Page 4 of 11 Streets And Bridqes 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. has been approved by the State. D. The City will submit to the State all documentation relating to actual costs incurred associated with the development of the preliminary engineering and the P.S.& E. Reasonable costs incurred by the City after the City has received written authorization by the State will be eligible for reimbursement at an amount not to exceed eighty percent (80%) of the actual cost. The City shall comply with the cost principles established in OMB Circular A-8?, "Cost Principle for State and Local Governments". 9. CONSTRUCTION FUNDING A. The total construction costs, for the Project is estimated at $4,751,000.00. 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. 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 $95,000.00. This amount is based on twenty percent (20%) of the estimated engineering costs and State administrative 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 10/28/94 Type "A" Page 5 of 11 completion of the Project, the State will perform an audit of the costs and any funds due the City will be promptly returned. 10. 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. 11. 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 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. 12. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the City will assume responsibility for maintenance of the completed facility. Should any manufacturer warranties be extended to the State as a result of this project, the warranties shall be transferred to the City. The State shall not be held responsible for honoring any warranty under this agreement. 13. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the 10/28/94 Type "A" Page 6 of 11 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. 14. 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. C. Violation or breach of contract terms shall be grounds for termination of the agreement, and any increase costs arising from the defaulting party, breach of contract or violation of agreement terms shall be paid by the defaulting party. 15. 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. 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, its officers, employees, agents and contractors performed under this agreement and which result from an error, omission or negligent acts of the City, its officers, employees, agents or contractors. Additionally, to the extent permitted by law, the City shall save harmless the State, its officers, employees, agents and contractors from any and 10/28/94 Type "A" Page 7 of 11 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. 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. 19. 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. 20. 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 2501 Southwest Loop P.O. Box 6868 Fort Worth, TX 76115-0868 Attention: Charles W. Heald, District Engineer 10/28/94 Type "A" Page 8 of 11 City: The City of North Richland Hills, Texas P. O. Box 820609 North Richland Hills, ~;JL 76182 C..A. ~~y\ Attention: Re~ger N. T~ne, City Manager 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. 21. 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. 22. 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. 23. 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. 10/28/94 Type "A" Page 9 of 11 24. 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. 25. 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 C FR 60). 26. DISADVANTAGE BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Disadvantage Business Enterprise Program Requirements" established in 49 CFR Part 23, Subpart D. 27. 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. 10/28/94 Type "A" Page 10 of 11 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF NORTH RICHLAND HILLS, TEXAS ~\ By: ~___ __- ~ Tommy Brown . Typed Name Hayor T~tle ATTEST: 11-14-94 Date ,ll /~; ~(0a20 ~ C~ty Secretary 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 Administrative 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 Commission. By: Robert Cuellar, P.E. Typed Name Deputy Executive Director of Transportation Planninq and Development Title Date 10/28/94 Type "A" Page 11 of 11 RUFE SNOW DRIVE FROM TH R20'J'{) WA'I'ATTf":.A 'ROAn " I I: ; iii HlGHTOW l I I!I BE:TY i: ' I ~ ~AHE1 ""EL ~~I / . J& ~~ ~ '~~ES~~E;'.~ ¡ ~,.. ' I!~""~~ i KITTY ¡ '¡r¡ Q iii HEWITT ~I ~ ~ ~r:::ï RUtl< ~,~,~,\:=.t IIIC IECRE<T Q ~ ~=:o , A ! ~ ~ F NIKIE 8 iii - "'CKEY _j ~'" "'~ HIUCRE HAIl '1,< .,. ~ '~ I 9UCK ~ - -¡ ~ ¡. i~.. rf1 i~~~L ~ N~OII~t"i. I<li ~ ~ N< TH FOIl; NOIIl~H F ,.TY ~ Ctmttery p';'EWAY ~ J. ,,- i It ;! § ~ ~~ ~ ,8II1X #! ~ .. ~ ~ I Q ~:: ~ (J L RNlOY .----m--ì f171 .. II! "... ~!O ~ \ . :¡~'4.:;- ¡~ ~ ~ i.. ~ I ~ i! #.1,-- ~ I r I Vol c7Ii i (,) \""'"".\ 1 CH*MNI WEST MAIN ~ --------------------- ¡;; ~ ~~ ~ , ~I ¡I - l ~~~'*' ~,~ ~ NCOUISHIR' EOIN9U '. JAMIE ¡¡I AENEE ~/:I ~ JV ~ ~.'U^ V ~...",,<&.,\ ~I -_ !Ii I ~ U,& ~:~II S,¡,JTHAMPT>Òl.IIO..FoM. 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'11,." ,43j' /J~ HADlEY ~ ,'i> ~ S WI ~oI): .......... þ;~ .,....;.:; '. ,'. . . \. /, f/u * .. ~"ADOE /'..ðW ru~o.~"'\ ¡;¡j~hia~~~" .~~ ~ ~., ~ ~ 'f/~"~~~r;'~ ~- 8I'dVIII~,~~':':':~~~i~r ':~·F·.~~~~.I<~~O;;l"]"¿~. t....I~!'"!.,,!' 9!'k~/J'" I, Ctmtttry ~~'-C: , .....\.J ð J..e, - IS !lIS IS ,¡¡! ~ 't¡ ..,,,""'''' ".4¡>r$!>.:.~ r,~~' '1~';":I~ ~1t't:þ'p;1C 11 XHIBIT"A" * I I ~I - ~A.J.-r-t J ~~tj:'~~~~ - ft~, ~Pk ~ . . . ~ ~ ðl ~ :,~.4 ~1r~ .~ E ,,~IHf~.uI..,n"l H"",'¡j;oIILJ I "\:~"'~',,\ " ~lil~.-.;~./": / 1:'" I ~ ^'~.a:; ^ ~ ~, ~, I ' . / ~ ASHUY ~ ~ ¡ ! ~\ ',- ~ ~n~ I 3ENT By;'TXDOT .:; VARIOUS 2-17-94 10:01 TXDOT-+ 98173706759;# 4 TEXAS TRANSroRTATICN <:noMISSION County MINurE OODER Page 1 of 3 Pages District No. VARIOUS WHEREAS, Title 23, United states Code, Sections 134 and 135, as ,amended by the Intermodal Surface Transportation Efficiency Act of '1991, require 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 Mass Transportation Act of 1991); and, ¡ i WHEREAS, Section 134(h) requires an MPO to develop its TIP in :cooperation with the State and affected transit 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 2 years and to be 'approved by the MPO and by the Governor; and, WHEREAS, Section 135(f) requires the State to develop its TIP for all areas of the State in cooperation with those designated MPQs; :~~d further requires the Governor 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 State TIP; and, . WHEREAS, Sections 134(h) and 135(f) specify the respective :reqùirements and eligibility criteria for projects to be included in ¡the respective TIPs; and, I WHEREAS, the various TIP's applicable to the designated MPQ's 'as well as to those areas outside designated MPO boundaries have been presented for public comment by relevant authorities throughout the State; and, EXHIßI'l' "e" :..;:NT BY: TXDOT VARIOUS 2-17-94 10:02 TXDOT..... 98173706759:# 5 TEXAS TRANSroRTATICN COtoMISSIOO County mNl1rE ORDER Page 2 of 3 Pages District No. " ~ARIOUS I WHEREAS, widespreåd notice was ffi3.de available for review and ¡comment at each of TXDOT's 25 district offices, at the TxDOT !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, I I ~-mEREAS, a public hearing on the said SrIP \..¡as held at the :TXDOT headquarters in the D. C. Greer Building at 125 East 11th Street lin Austin, Texas, on August 24, 1993; and, , WHEREAS, oral and written comments received due to this hearing process were analyzed and Department resp:mses and reccrnmendations were sUbmitted to the Comrråssion for consideration¡ and, WHEREAS, after due deliberation and consideration the Co~ssion finds that the requisites of Section 134 have been fully ¡¡satisfied as they pertain to development of the prescribed TIP's by ,each of the 25 MPO's, and that the Statewide TIP attached to this order : as Exhibit "A" fully satisfies requisites of section 135 as they ¡,pertain to the TIP; and, i~AS, Waco, wichita Falls, and the Houston MPO's have 'corrected the local TIP and Financial Plan to reflect the original 'intent to use Federal, Local and/or State funding to implement said project¡ and, , WHEREAS, Dallas-Fort Worth adopted their local TIP after the !Comrrdssion approved the other TIP's¡ and, I I : WHERF~, by letters dated September 9, 1992 and September 16, ;1992, addressed to federal transportation officials, the Honorable AP~ !w. Richards, Governor of Texas, has delegated to the Texas ¡Transportation Commission (Commission) those powers and iresponsibilities granted to her by the Intermodal SUrface 'Transportation Efficiency Act of 1991, save and except the Recreational 'Trails Program; EXHIBI·T "e" SE~,T BY:TXDOT 2-17-94 10: 03 TXDOT.... 98173706759;:; Ô . . ~.. & .,.' TEXAS TRANSPORTATIOO <:x:MfiSSlOO VARIOUS County MINurE OODER Page 3 of 3 Pages District No. VARIOUS PURSUANT TO THE AUTIDRITY DELEGATED TO THIS COM'1ISSION BY THE GOVERIDR OF TEXAS, NOW, THEREFORE, IT IS ORDERED THAT the respective TIP's of each designated MPO as well as those areas outside designated MPO boundaries as reflected in the Statewide TIP in attached Exhibit "A" are hereby a¡;.proved am the Executive Director is directed to . submi t the document to appropriate federal agencies for review consistent with applicable policies and procedures. Subm' too by: ~J2 Director of Transportation r Minute Number 1.02788 SE.P '28 8:1 -* Date Passed EXHIBI'r lie"