HomeMy WebLinkAboutResolution 2524A Resolution ~opte~ Resolu$~ars ~~+
RESOLIITION ACCEPTING THE PROVISIONS OF
TEXAS TRANSPORTATION COMMISSION MINIITE ORDER
THE STATE OF TEXAS §
COUNTY Off' TARRANT §
~'Fnrt Wnrth ~
Texas
19~
`-~~O,TION was~nade by ~ ~ and seconded by
/ / l.Q~l~1,lt~~' c ~.~:m~ tha the Resolution and Federal Innovative Proiect Agreement
be adopted to
accept the provisions contained in Minute Order in~~is passed by the
Texas Transportation Commission on September 24 1998 for the improvement
by the Texas Department of Transportation of the project described below
Meacham Boulevard (Phase I) from 0 3 miles west of FM 156 (Blue Mound Road) to Business
287P (North Main Street)
VOTE on the motion was as follows
U ~ '
rd
WHEREUPON the motion was declared
THE STATE OF TEXAS §
COUNTY OF TARRANT §
I hereby certify that the foregoing is a true and correct copy of the
order passed by the Fort Worth City Council
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CITY OF FORT WORTH
Agreement No. 02 125
Tarrant County
CSJ 0902-48-382
Project: Meacham Boulevard (-Phase )~
From: BU 287P To: 0.3 mi. West of FM 156
STATE OF TEXAS §
COUNTY OF TRAVIS §
AGREEMENT
(FEDERAL INNOVATIVE PROJECT)
THIS AGREEMENT is made by and. between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the "State and the City of Fort Worth,
Texas, acting by and through its authorized officials hereinafter called the 'City"
WITNESSETH
WHEREAS, the Transportation Equity Act of the 21$` Century ("TEA 21"), establishes the
National 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, TEA 21 authorizes various highway improvement projects that demonstrate
innovative techniques of highway construction and financing; and
WHEREAS, the improvements to Meacham Boulevard from Business 287 P (North Main), to
0.3 mi. West of FM 156 has been designated as an `Innovated Project" as established under TEA
21 and
WHEREAS, the State and the City desire the improvements to Meacham Boulevard from the
limits of Business 287P (North Maim to 0.3 mi. West of FM 156, as shown in the attached
"Exhibit A" to be hereinafter identified as the "Project" and
WHEREAS, TEA 21 establishes that the federal share of funding for this `Innovative Project"
will not exceed $2,000,000; and
WHEREAS, any project cost in excess of $2,000000 will be the City's responsibility 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
03/12/99 Page 1 of 8
s
~,
WHEREAS, on the _ day of 19~ the City Council passed
Resolution No ,attached hereto and identified as 'Exhibit B authorizing the City's
participation m the development of the Protect; and
WHEREAS the State will secure the federal cost share let the construction contract rovide
> >P
the construction inspection, provide other items as required, and
WHEREAS, on September 24, 1998, the Texas Transportation Commission passed Minute
Order 107615, attached hereto and identified as 'Exhibit C" authorizing the Protect 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 temm~ate upon
completion of the Protect or unless terminated or modified as hereinafter provided.
2. SCOPE OF PROJECT
A. The State and the City agree that the scope of the Protect shall be limited to the scope
authorized by the Texas Transportation Commission.
3. ACQUISITION OF RIGHT-OF-WAY
The City shall perform necessary requirements to provide the desired nght-of way required for
the construction of the Protect. 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. 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 nght-of way which the City is to acquire and provide for the project. The
right-of way maps and property descnptions shall be submitted to the State for approval prior to
the City acquiring the necessary nght-of way Tracings of the maps shall be retained by the City
for its permanent records.
5. UTILITY ADJUSTMENTS/RELOCATIONS
If the required nght-of way encroaches upon existing utilities and the proposed highway and/or
trail 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 appropnate 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
03/12/99 Page 2 of 8
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 Protect, 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 nght-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 rrutigation and remediation of any environmental problems
associated vv~th the development and construction of the Protect. The City shall provide to the
State written certification from the appropriate regulatory agency(s) or their designated
representative 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 vv~th 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 Protect.
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 necessary public meetings and
• a public heanng. The City must comply with applicable State and Federal rules and procedures m
the selection of its consultant. The selection procedures to be utilized by the City must have prior
approval by the State and shall comply vv~th 23 CFR Part 172.
B. The P S & E shall be developed by the City or its consultant in accordance vv~th the State's
latest Standard Specifications For Construction Of Highways, Streets And Bndges or its currently
approved revisions.
C. The City shall subnut 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.
D The City will submit to the State all documentation relating to actual costs incurred associated
vv~th 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 e~ (80%) of the actual cost. The City shall
comply vv~th the cost principles established m OMB Circular A-87 "Cost Pnnciple for State and
Local Governments"
9 CONSTRUCTION FUNDING
A. The total construction costs for the Protect is estimated at $3,150,000
B. The State will be responsible to secure the federal share of the funding required for the
development and construction of the Protect. The Crty will be responsible for any non-federal
participation costs associated vv~th the Project.
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C. Upon execution of this agreement, the City will rertut a check or warrant made payable to the
"Texas Department of Transportation" in the amount of $31,500 This amount is based on one
ep rcent (1%) of the estimated cost of construction. The funds will be utilized by State to review
the engineering documentation, perform adrrumstrative tasks as defined herein, 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 State will account for the
City's applicable federal share for the value of the donated nght-of--way if any acquired after
written authorization by the State. The City shall remit a check or warrant in the amount
established by the State vv~thin thirty (30) days from receipt of the State's wntten 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 v~ntlun thirty (30) days from receipt of the
State's notification. Upon completion of the Project, the State will perform an audit of the costs
and any funds due the City will be promptly returned.
10. INDII2ECT COST RECOVERY PLAN
Chapter 2106 Texas Government Code, requires the State to recovery indirect costs based on a
percentage of the State's actual direct costs to complete the Project. The indirect costs will be in
accordance vcnth 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 vv~th 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 each of the Projects, 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 temm~ation 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
•
03/12/99 Page 4 of 8
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 maybe 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 nghts, 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.
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 all expenses, including attorneys fees
and court costs which may be incurred by the State in litigation or otherwise resisting said claim
or liabilities which might be imposed on the State as the result of such activities by the City its
officers, employees, agents or contractors.
17 AMENDMENTS
Any changes in the. time frame, character agreement provisions or obligations of the parties
hereto shall be enacted by written amendment executed by both the City and the State.
18. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall for any reason be held
invalid, illegal or unenforceable in any respect, such invalidity illegality or unenforceability shall
not affect any other provisions hereof and this agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein.
19 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.
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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 follownng
respective addresses.
State: C~tY'
Mr Steven E. Simmons, P.E., District Engineer Mr Bob Terrell, City Manager
Texas Department of Transportation City of Fort Worth
P O Box 6868 1000 Throckmorton Street
Fort Worth, TX 76115-0868 Fort Worth, Texas 76102
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 pnor understandings or wntten or oral agreements respecting the vv~tlin subject matter
22. INSPECTION OF BOOKS AND RECORDS
The State will, for purpose of termination of the agreement prior to completion, examnne 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 matenals available to the State, Federal Highway Adnimstration (FHWA) or •
their duly authorized representatives for review and inspection at its office during the contract
penod and for four (4) 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 authonzed
representatives shall have access to all records of the City which are directly applicable to this
agreement for the purpose of making audits, exaninatnons, excerpts and transcnptions.
23. OMB AUDIT REQUIREMENTS
The City shall comply v~nth the requirements of the Single Audit Act of 1984 P.L 98-502,
ensunng that the single audit report includes the coverage stipulated in paragraphs 6 8 and 9 of
OMB Circular No A-128
24. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS
The City shall adhere to the procurement standards established in Title 49 CFR Part 18 36 and the
property management standards established in Title 49 CFR Part 18 32. The City will comply with
the Cost Principles established in OMB Circular A-87
25. CIVII~ RIGHTS COMPLIANCE
The City shall comply with the regulations of the Department of Transportation as they relate to
nondiscmm~nation (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)
03!12/99 Page 6 of 8
26. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
The City shall comply with the "Disadvantaged 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 m 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.
03/12/99 Page 7 of 8
IN TESTIMONY HEREOF the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE CITY OF FORT WORTH
By.
Typed Name
Title
Date
ATTEST
City Secretary
THE STATE OF TEXAS
Certified as being executed for the purpose
and effect of activating and/or carrying out
the orders, established policies, or work
programs heretofore approved and
authorized by the Texas Transportation
Commission under the authority of Minute
Order 100002.
By.
Typed Name
Title
Date
.~
•
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800K PAGE 1048 0 1000 2000 3000
TEXAS TRANSPORTATION COMMISSION
V~..OUS County MINUTE ORDER Page 1 of 3
District VARIOUS
WHEREAS, the UNIFIED TRANSPORTATION PROGRAM (LTTP) of the Texas
Department of Transportation (the department") is a ten-year plan which authorizes project planning
and development, and is submitted to the Texas Transportation Commission (the `commission') for
approval on an annual basis; and
WHEREAS, the Texas Transportation Code, Chapter 201 specifies that planning is part of
the department's responsibility and
WHEREAS, Congress approved the Transportation Equity Act of the 215` Century (TEA 21)
on June 9 1998, which contained a list of Congressional High Prionty Projects; and
WHEREAS, Exhibit N Federal Demonstration Projects, contains a listing of Congressional
High Pnonty Projects approved by TEA 21 and
WHEREAS, Exhibit R, Aviation Capital Improvement Program, contains project
information from the 1999-2001 Aviation Capital Improvement Program, to be approved
simultaneously v~nth the 1999 UTP• and
WHEREAS Exhibit S, Public Transportation, contains information on transit programs to be
approved by future minute orders; and
WHEREAS, those projects scheduled for letting in Fiscal Year 1998, not let or not awarded,
shall retain Priority 1 status; and
WHEREAS, Minute Order 107420 dated February 26, 1998, authorized the categories and
annual program amounts for bank balance allocation programs; and
WHEREAS, the program amounts for the bank balance allocation programs and supplements
to these programs that were previously approved as part of the 1998 UTP will retain their appropriate
authority as part of the 1999 UTP• and
WHEREAS, this action is consistent with the comments received as a result of the
February 26, 1998 public hearing on the project selection process, pursuant to Transportation Code,
§201.062, and accepted by Minute Order 107419 dated February 26, 1998, and
WHEREAS, the department frequently receives financial contributions from political
subdivisions of the state to aid in the funding of construction projects;
NOW THEREFORE, IT IS ORDERED that Minute Order 107237 dated August 28, 1997
is voided and replaced with this minute order which authorizes the 1999 UTP as shown in the
following exhibits, which are hereby approved, it being understood that no change whatsoever is
being made to the previously approved Priority 1 projects.
.~
~r ~:JS County
District VARIOUS
s
TEXAS TRANSPORTATION COMMISSION
MINUTE ORDER
Page 2 of 3
Exhibit A Structure of the vanous categories of work in the 1999 UTP including levels of
authorization, descriptions, restrictions, methods of allocation and policy
Exhibit B Category 1 Interstate Construction
Exhibit C Category 3A, National Highway System (NHS) Mobility
Exhibit D Category 3B, Texas Trunk System
Exhibit E Category 3D NHS Traffic Management Systems
Exhibit F Category 3E, NHS Miscellaneous
Exhibit G Category 4G, Surface Transportation Program (STP) Railroad Grade Separations
Exhibit H Category 6A, Bndge Replacement and Rehabilitation On State System
Exhibit I Category 6B, Bndge Replacement and Rehabilitation Off State System
Exhibit J Category 8B Texas Farm to Market Roads System Expansion
Exhibit K Category 12, Strategic Priority
Exhibit L Category 13A, State Funded Mobility
Exhibit M Category 13B Hurricane Evacuation Routes
Exhibit N Category 15 Federal Demonstration Projects (Listing of TEA 21 Congressional
High Priority Projects)
Exhibit O Category 17 State Principal Arterial Street System (PASS)
Exhibit P Projects Delayed From Previous Fiscal Year that Retain Priority 1 Authorization
Exhibit Q 1999 Letting List for Project Specific Categories
Exhibit R Aviation Capital Improvement Program
Exhibit S Public Transportation (Transit Programs to be approved by future minute orders)
Exhibit T Highway Designations
IT IS FURTHER ORDERED that:
TEXAS TRANSPORTATION COMMISSION
.. 1tI0US County
District VARIOUS
MIl~UTE ORDER
Page 3 of 3
1 The executive director is hereby authorized to develop the projects in Exhibits B through Q to
the level.of authority indicated for each project to include any necessary agreements, right of way
acquisition, utility adjustments, and relocation assistance, subject to the policies of the
department and all applicable federal and state laws governing the acquisition policies for
acquiring real property•
2., The commission accept any financial contributions from political subdivisions of the state for
development of projects in the 1999 LJTP•
The executive director is hereby authorized to proceed with development of projects in Exhibit
4 The executive director and the department will continue to develop projects for bank balance
allocation programs and any additional supplements to these programs, using the annual program
amounts approved by Minute Order 107420 dated February 26, 1998, and
5 The sections of highway shown in Exhibit T are hereby designated as a part of the state highway
system subject to the conditions indicated.
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Submitted and reviewed by
ector Transportation Planning
and Programming Division
Recommended by
Executive Director
.~
Minute Number 107615
Date Passed SEP 24 98