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HomeMy WebLinkAboutContract 21269 Agreement No. 5XXF6056 C1 T Y 8E Tarrant County Y,? CSJ: )(902-48- Z11 CONTRACT NO Intersection On: Dirks Road STATE OF TEXAS Improvements At: Bryant-Irvin COUNTY OF TRAVIS A G R E E M E N T (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 Fort Worth, Texas, acting by and through its authorized officials, hereinafter called the "City" . W I T N E S S E T H WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ( "ISTEA11 ) 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 ( '1CMAQ11 ) 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 imiprovements to Dirks Road at the Bryant-Irvin intersection, as shown in the attached "Exhibit A", to be 02/08/95 or 131 p e Of 'MY v-L 6 9 t I A K I IJ 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 (804) 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 r*V day of — NAAAA 19 S., the City Council passed Resolution No. attached hereto and identified as "Exhibit B11 , 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 30th 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; 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 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 roadway; however, any existing city roads within the limits of the Project will not be 021/08/95 2 of 13 -D,7pe ' T ' 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 pay all costs and perform all necessary requirements to provide title 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 Project. B. In the event the right-of-way is donated to the City after daAt.-_, 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. The State will not reimburse the Citv anv funds in the event the right--of--gray 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 02/08/95 3 of 13 Pype ' I ' 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 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 022/08/95 4 of 13 Type IT ' right-of-way values. The State will review the data submitted and may base its reimbursement for parcel acquisitions on the 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' 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 seventy-two percent (72 %) 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 seventy-two percent (72 %) 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 seventy-two percent (72 %) 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 seventy-two percent (.7, 2 %) of such documented costs. If condemnation is necessary and title is taken as set forth herein under the section entitled "condenination", the participation by the State shall be based on the final judgement, conditioned upon the State having been notified as 02/08/95 5 o-.PL 1-3 Type ' I to all action taken therein. 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 an environmental assessment and the holding of necessary public meetings and public hearings. 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. 4, D. The City will submit to the State all documentation relating to actual cost 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 02/08/95 6 of 13 e ' I ' written authorization by the State will be eligible for reimbursement at an amount not to exceed seventy-two percent ( 172%) of the actual cost. The City shall comply with the cost principles established in OMB Circular A-87 . "Cost Principle for State and Local Governments" . 13 . PROJECT FUNDING A. The total costs for the construction of the Project, including engineering services and right-of-way acquisition is estimated at $180,000.00. 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 $5,040.00. This amount is based on ten percent (10%) of the estimated local share participation cost. The funds will be utilized by 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. F. if after the execution of the agreement the City elects to terminate the Project, the City shall be responsible for those eligible expenses incurred by the State which are attributable to the Project. 14. INDIRECT COST RECOVERY PLANT Article 6252-5f, V.T.C.S. , requires the State to recover indirect costs based on 02/108/95 7 of 1'1 Dyrpe I T I L., - 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 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 trade available to the State without restriction or imitation 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. 0 21/1 0 8/1 9 8 of 13 T (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. 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 IT , 02/108/95 9 of L3 Ty p e 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: State: Texas Department of Transportation 2501 Southwest Parkway P.O. Box 6868 Fort Worth, TX 76115-0868 Attn: Wes Heald, District Engineer City: The City of Fort Worth, Texas 1000 Throckmorton Fort Worth, Texas 76102 Attn: Bob Terrell, 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. 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 02/08/95 10 of 13 Type - I ' documentation relating to costs incurred under this agreement and shall make such materials available to the State, Federal Highway Administration (FHWIA) 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. 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. DEBT RME14T 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 02/0811 9 5 11 0 f 3L-3 Ilype f T t 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. 02/'08;' 12 of 1.3 Type ' i T IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE OF FqRT WORTH, TEXAS By: [like Groomer Typed Name Assistant City Manager Title 5-11-95 Date lei ATTEST: City 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 Planning and Development Title Date APPROVED AS TO FORM AND LEGALITY: A-�F,Eststtant ty Attorney f Cog+ 4rae,t Auth DR* 021108/95 13 of 13' Tly p e 1 CtIiVER @� @U`-VER CuameERtwnO ,� ((tt ARUE VAUf dlb Ha' Z °� rRE TREE ts3 ?Q _...,,.. --�.. OV RTON f. ��/�!fir'�, ��� %� '• I,,G"4 QS f`/> l,J///���� IIIO���/� ��Ir€`,UTY 'Eq,¢. OyY TAMARACK >�/ /�f r� I J �� ��� f" 9i 4�a` I ARA �j1",,��'��� � �C �' �addm��r �lp��1!C �'�� J � r� �.( �R��'ry.a c `5��v a r �fs�S/����`�✓£� A 1� LAN '... r.�%����dh'9�.r����dl �1����f� r/���i+'��'�F��o �3 �c' ¢ `` O fir ``°•. SEND t7dG LAND Y FR1NtF t£Of4E PAHTR e _______t+terta _ s70NE MANN ir- ///y i i/ 19�r�u ar CRST ' CREEK xr _ HIGH STAR FAwn � /�i i-1 EVEREST �' ti % �r// O e r a � z UARLVCE �b, ����'w, '✓��//�/��//I� r t �' AcefR qR 4 G+ fRFiELD a F$°. ------- AtCREEK pS "Goff Course Ogcr�'� CAS LE PINES op, Q v y WACO �Y 'gym o rvRr !! / alti� a �rES n a � CADIZ fJ J r-s.t t ""'' i 1?R280. Lp - __ tRKS Clly c n4a'�.. ra' EU LCATI stntLkt,'f.Sf?!1?E �uc,�R `°- bT� `� � a iY rte' x ' ca „ w fI { l pt 4, Po a ` t � 14K 4°•tµ ,._,. r ." EYFC COtd-S fYY SsARRY L}E4y OROt> COLUMBUS SENT BY:'TXDOT ; 12-12-94 ; 7:51 TX[)0T— 817 370 6759:tt 2 Z7 TEXAS TRANSPORTATION COI'WMISSION' VARIOUS County MINWE ORDER Page I of 3 Pages District _VQU§S__ F,XlIlBlrl"C' MINt1J'1'1" 0RDP'1R WHEREAS, Tide 23, United States Code, Sections 134 and 135, as amended by the Intermodal Surface TraiWrtation Efficiency Act (ISTEA) of 1991, requires each designated Metropolitan Planmn&Organiz on (MPO) and the State, respectively, to develop a Transportation rove m� ,grogram(M) as a condition to securing federal funds for 14 1_ transportation projects', either Title 23 or 49 of United States Code; and WHEREAS, Smdon 134(h) requires an MPO to develop its TIP in cooperation with the state and affected.trans# to provide citizens, affected public agencies, representatives of transportation agency emp)6yees, other affected employee representatives, private providers of transportation and.other�lnterested parties with a reasonable opportunity to comment on the proposed TIP; and 1,farffier,requires the TIP to be updated at least once every two years and to be approved by the Mfi 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 further reqVires 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 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 Honorable Ann W. Richards, Governor of Texas, has delegated to the Texas Transportation Commission (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 -1-11"s for the Dallas-Fort Worth, and Houston MPOs; and WHEREAS, the MPOs in the non-attainment areas of Dallas-Fort Worth and Houston-7 e�'k F_ �q 5 104 desire to replace their FY 1994-1996 TfPs in the FY 1995-1997 STIP with n Y 9 91 Tif's as shown in Exhibit "A", and WFIE-REAS, the MPOs have presented these nevv "I'lPs for Public curnnicilts —1d WfiEREAS, the final rule on transportation conf0TM11; -1e(4UH_CS th'C 'I'IP IF' 'i "011 ,ittair.-nen, area to show a reduction in the Volatile Organic Cornrounds (VOC) arty Nitrogen Oxides (NOY),- and W11FREAS, the 11ouston TIP met the a!r qualay trar'cNpoirta tit.n De !!""' as PrOML11gated by the fiederal final rule om transporiation _"ont0rn-w,,, ancil, TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page 2 of 3 Pages District -VA IS� 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 (EPA); and WHEREAS, the commission, at its meeting on October 27, 1994, reviewed the drafts of the TIPS for the non-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, wide-spread 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 AUTHORITY DELEGATED TO THIS COMMISSION BY THE GOVERNOR OF TEXAS, IT IS ORDERED THAT the Houston FY 1995-1997 TIP is hereby approved; and IT IS FURTHER ORDERED that the Dallas-Fori Worth FY 1995-1997 TIP is approved subject to r1eceiving an EPA NOx waiver; and SEN', By' TXD0J 12-12-94 . 7 1 xD0_T 817 370 67-19;2 TEXAS TRANSPORTATION COMMISSION VARIOUS —_-County NUN4,11'F ORDER Page _3 _ of - 3 - Pae,,, Dtstrict VARIOUS IT IS FURTHER ORDERED that the Fy 1995-1997 STIP is hereby amended by taking appropriate actions on projects as shown In Exhibit 'A." Subtriatted bv� Revivlvyd bY a I-, non P _"L! an" 'T-ramsNrtstion Planming and Developrnent �mn Dir" br� - ranslx)rtation P n-rurg and, ProFrarriming Divkicm Z ��-x,Rz( hy, r_xecun, Minute Nurnber 104 Date Passed 'nli . . ' pxsc +m� � TRANSPORTATIOPROGRAM N IMPROVEMENT PROGRAM OCTOBER zl' 1994 ' /nnr WORTH DALLAS-FORT WORTH mPO FY 1997 ------------------------------------------------- -------- -----_____-________-_—_----____-_—______- IDISTRICT NAME OR DESIGNATION IPROJ. m IFED ,ROG p*oemu Cunmewrs COUNTY LOCATION (FROM) F, CLASS ST, CAT.ISTATE LOCATION (TO) LANES PHASE LOCAL Csi DESCRIPTION OF WORK ILENGTH �Mpo TOTAL FORT WORTH CS COG 11 4174 CMA" 11113,640 11/96 HILLS 4 C,E,R 172,360 9902-48-958 INTERSECTION IMPROVEMENTS 0 001 1106 S556,000 FORT WORTH ICS COG 1 4176 CMA" "17'500 11/96 9902- INTERSECTION IMPROVEMENTS 0.001 1106 $750,000 FORT WORTH ICS COG # 4175 CHAO I s328,785111/96 9902-48-9601INTERSECTION IMPROVEMENTS 0 001 1106 S476,5001 FOR WORTH I C COG ff 41T7 CMAQ S596,850 11/96 IRICHLAND HILLS 1106 S865,000 9902 48-961 INTERSECTION-IMPROVEMENTS 0.001 FOR WORTH S COG # 4179 CMAG S592,500 01/97 T NT IC 0 TARRA SOUTH ELECTRIC TRAIL IN NORTH RICHLAND 7 5 9902-48-9621BIKEWAY 0.001 1106 S750,000 FORT WORTH CS COG 9 4323 JCMAQ $298,200110/96 9902-48-968 IiNTERSECTION IMPROVEMENTS 0,001 11106 $372"7501 FORT WORTH ICS COG # 4131 CHAO $1'080'000 05/97 9902_48-9711CONSTRUCT BRIDGE 0,001 1106 $2,000,000 FORT WORTH COG # 4011 1 C MAO $1,158,400 08/97 CS 0 TARRANT FIELDER RD FROM SYLVAN DR TO RANDOL MILL 4 5 9902-4,8-972 CORRIDOR IMPROVEMENTS 0_001 lliG6 I S1,810,000 FORT WORTH ICOG 9 4001 CHAO S1,409,800111/96 IN ARLINGTON 4 cj, 1,250 200 00i S2,660 000 C INTERSECTION IMPROVEMENTS ol I ITARRANT ABRAM ST FROM BROWNING DR TO STADIUM DR R 9902-4,8-974 0 FORT WORTH CS g 413o CmAQ S1,000,000IM/97 FORT WORTH, 06 250' 1 mnnAwT IDIRKS ou ;j onr^wr'mvm nn |z |c's'o vvuo-4m-wr,1 ImrcnSccom, /wpmmPnswIS � o�oo� uoo'mm� ------~--------- ---- �sm'omo 0 119 r 'PORT �mT� o cms ��s� cnxo ! � u r^xxwwr ICITYWIDE Imcmswr DETECTION nRC�Gn^n IN 4|roo! m so Oct') � � WORTH |o |� | ' | |vn3z_48_neu|zwcmcwroErEcnow_e�smm esrc* | o�mn |noa |_ �mo�000| / ws/wsfn"w" � �uwnau�'�ow ' - ' . THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON 1 , ALICE CHURCH, City Secretary of the City of Fort Worth, Texas , do hereby certify that the above and foreqoinq is a true and correct copy of the Mayor & Council Communication C7-114807 , duly presented and adopted by the City Council of the City of Fort Worth, Texas , held on the 9th day of May A .D. , 1995 , as same appears of record in the Office of The City Secretary . WITNESS MY HAND and the Official Seal of the City of Fort Worth, Texas , this the 12th day of May, A. D. 1995 . 4i'L'o City Secretary of the City of Fort Worth, Texas City of Fool Wottk Texas Mayor and Council Communication DATE REFERENCE LOG NAME PAGE 05109/95 NUMBER **C_14W 20DIRKS 1 of 2 SUBJECT CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROJECT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR INTERSECTION IMPR VE ENTS ON DIRKS ROAD Af'Y"ANT-IRVIN ROAD (PROJECT NO. 111-021207) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Congestion Mitigation and Air Quality Improvement Agreement with the Texas Department of Transportation for intersection improvements on Dirks Road at Bryant-Irvin Road at an estimated cost of $50,400. DISCUSSION: The Intermodal Transportation Efficiency Act of 1991 , (ISTEA), established a congestion mitigation and air quality improvement program (CMAQ) to contribute to the attainment of a natural ambient air quality standard. On November 30, 1994, the Texas Transportation Commission passed Minute Order 104667 which authorized the intersection improvement project on Dirks Road at Bryant-Irvin Road through the State Transportation Improvement Program. The Texas Department of Transportation (TxDOT) has prepared an agreement which details the responsibilities of both the City of Fort Worth and TxDOT in the development of this project. The City is responsible for the design of the intersection improvements, securing any needed rights- of-way,and adjusting or relocating utilities. TxDOT will advertise, award and inspect construction of the project. The project is estimated to cost $180,000. The Federal share will not exceed seventy-two percent (72%) of the actual cost of the project. Costs in excess of the Federal share will be borne by the City of Fort Worth. The City's share of cost is currently estimated to be $50,400. Upon execution of the agreement, the City must remit payment in the amount of $5,040 to TxDOT for their review of engineering documentation and other incidental costs. Approximately sixty (60) days prior to TxDOT's awarding of the construction contract, the City will be required to fund the balance of the City's share of project Cost. The Dirks Road intersection at Bryant-Irvin Road has experienced a significant increase in traffic volumes in recent years with a corresponding increase in traffic accidents. Both Dirks Road and Bryant-Irvin Road are major arterial roadways in the City's Master Thoroughfare Plan. When built to their ultimate section, both roads would be divided 36 ft. roadways with a median area. This project would construct the intersectional area on Dirks Road both east and west of Bryant-Irvin Road. A portion of the southbound roadway on Bryant-Irvin Road would also be constructed. The intersection also qualities for a traffic signall which will be scheduled after the intersection improvements are completed. Printed on recyded paper Texas Department of Transportatio n111' ,,s P.O. BOX 6868•FORT WORTH, TEXAS 76115-0868•(817) 370-6500 August 21, 1995 Mr. Bob Terrell City Manager City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 SUBJECT: (CMAQ) CSJ: 0902-48-277 Intersection Improvements On Dirks Road at Bryant-Irvin Tarrant County Dear Mr. Terrell : Attached is one original executed agreement for the Congestion Mitigation and Air Quality Improvement Program (CMAQ) for the above project . Within 30 days of the receipt of this agreement, a check made payable to the Texas Department of Transportation in the amount of $5, 040 . 00 is to be forwarded to this office. The remainder of the City's participation will be requested after completion of the construction plans and prior to the letting of the project . Our District Office will issue a separate letter of authorization advising the City as to when to proceed with incurring reimbursable costs once we have received a letter of authorization from the Federal Highway Administration and approved the City' s consultant contract . We look forward to working with you in the future development of the City' s project . Sincerely, Randy Burkett, P.E. Supervising Design Engineer CRB:dvr Attachments cc: Donna Hickey (-xDT) Hugo Malanga (City of Fort Worth) An Equal Opportunity Empiover City of .Fort Worth, Texas Mayor and Council Communication DATE REFERENCE LOG NAME PAGE NUMBER **C-1��MDi!! plt�T 05/09/95 20DIRKS 1 of 2 SUBJECT CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROJECT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR INTERSECTION IMPROVEMENTS Ofi DiRKSROADAT �ANT-IRVIN ROAD (PROJECT NO. 111-021207) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Congestion Mitigation and Air Quality Improvement Agreement with the Texas Department of Transportation for intersection improvements on Dirks Road at Bryant-Irvin Road at an estimated cost of $50,400. DISCUSSION: The Intermodal Transportation Efficiency Act of 1991 , (ISTEA), established a congestion mitigation and air quality improvement program (CMAQ) to contribute to the attainment of a natural ambient air quality standard. On November 30, 1994, the Texas Transportation Commission passed Minute Order 104667 which authorized the intersection improvement project on Dirks Road at Bryant-Irvin Road through the State Transportation Improvement Program. The Texas Department of Transportation (TxDOT) has prepared an agreement which details the responsibilities of both the City of Fort Worth and TxDOT in the development of this project. The City is responsible for the design of the intersection improvements, securing any needed rights- of-way, and adjusting or relocating utilities. TxDOT will advertise, award and inspect construction of the project. The project is estimated to cost $180,000. The Federal share will not exceed seventy-two percent (72%) of the actual cost of the project. Costs in excess of the Federal share will be borne by the City of Fort Worth. The City's share of cost is currently estimated to be $50,400. Upon execution of the agreement, the City must remit payment in the amount of $5,040 to TxDOT for their review of engineering documentation and other incidental costs. Approximately sixty (60) days prior to TxDOT's awarding of the construction contract, the City will be required to fund the balance of the City's share of project cost. The Dirks Road intersection at Bryant--Irvin Road has experienced a significant increase in traffic volumes in recent years with a corresponding increase in traffic accidents. Both Dirks Road and Bryant-Irvin Road are major arterial roadways in the City's Master Thoroughfare Plan. When built to their ultimate section, both roads would be divided 36 ft. roadways with a median area. This project would construct the intersectional area on Dirks Road both east and west of Bryant-Irvin Road. A portion of the southbound roadway or-, Bryant-Irvin Road WOL11d also be constructed. The intersection also qualifies for a traffic signal whilch will be scheduled after the intersection improvements are completed. i Printed on recycled puce, C 0 ity of Foif Worth, Texas Mayor and Coune# Connnunication DATE REFERENCE LOG NAM PAGE NUMBER **C-14M 05109/95 20DIRKS 2 of 2 SUBJECT CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROJECT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR INTERSECTION IMPROVEMENTS ON DIRKS ROAD AT BRYANT-IRVIN ROAD (PROJECT NO. 111-021207) FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this agreement are available in the current capital budget, as appropriated, of the Streets Improvement Fund. MG:a or Cli7y. We–rFs FUND ACCUENT CE,'TFR AMOUNT Office by: (to) AMMED Mike Groomer 6140 f CITY COLNCIL ?Tn'p.ating U;p—a�—ent ead: MAY 9 jg% Has A.M*1anga 7900 mm) For Amdo"T14no-a—fion C111 _41 20 1 020 11 02 120 ar C S"r*kwy of am comwt: city of rwt worm Te"s Hugo A.Malanga 7900