Loading...
R96-29 06-10-96 RESOLUTION NO. R96-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE ALL AGREEMENTS ASSOCIATED WITH THE URBAN STREET GRANT PROGRAM TO REPAIR COUNTRY CLUB DRIVE, INCLUDING ENLISTING THE SERVICES OF A CONSULTING ENGINEER FOR PRELIMINARY ENGINEERING STUDIES; AND ALLOCATING FUNDS FROM PROCEEDS OF THE CITY'S 1995 CERTIFICATES OF OBLIGATION TO SHARE IN THE COST OF THE PROJECT. WHEREAS, state funds are available to assist in the rehabilitation of streets in the urban areas of the Houston-Galveston region; and WHEREAS, Country Club Drive, which has been classified as a collector street by the Metropolitan Planning Organization, is eligible for this program and is in need of repair from FM 518 to Clear Creek; and WHEREAS, the City and the Texas Department of Transportation will share the costs of said project with the City funding 100% of the costs for storm sewer, curb and gutter, sidewalks, driveways, rights-of-way, utility adjustments, environmental mitigation, and preliminary engineering and 20% of the costs for grading, base, pavement, cross drainage, pavement markings, guard fence, and other safety features, as well as any indirect overhead, construction engineering, and contingencies while the Texas Department of Transportation will pay 80% of grading, base, pavement, cross drainage, pavement markings, guard fence, and other safety features; and WHEREAS, consultants will be used for plans, specifications, and estimate preparation; now, therefore RESOLUTION NO. R96-29 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Manager is authorized to submit an application to the Metropolitan Planning Organization and execute all agreements associated with the Urban Street Grant Program. Section 2. That the City Manager is authorized to enlist the services of a consulting engineering firm to conduct preliminary engineering studies. Section 3. That the City hereby allocates proceeds from its 1995 Certificates of Obligation for its share of the costs of said project not to exceed $525,370. PASSED, APPROVED, AND ADOPTED this the /~ day of , A.D., 1996. TOM REID MAYOR ATTEST: CITY SECRETARY A~OVED AS TO FORM: 2 . 4\~:) '1 r" . ' ~n~~;jrj"'1 ii~,1 _ :J '-'l,-.~ .'.~_:;. COUNTY BRAZORIA CSJ 0912-31- PROJECT CUS - ROAD/STREET COUNTRY CLUB DR. FROM GREEN TEE TO BROADWAY 6 THE STATE OF TEXAS THE COUNTY OF TRAVIS ~ ~ AGREEMENT URBAN STREET PROGRAM ,. '. ..nus AGREEMENT, is made by and between the State of TG~as, ~~ting by and through the Texas Department of Transportation, hereinafter called the State and the City of Pearland, hereinafter called the "City." WITNESSETH WHEREAS, as shown in Exhibits "1" and "2" and "3", Texas Transportation Commission Minute Orders 104479, 104774, and 105322 established a program to assist local governments in major urbanized areas in rebuilding streets functionally classified as "collector" or higher; and WHEREAS, as shown in Exhibit "4", Minute Order 106713 continued this program; and WHEREAS, the City is a represented member of the Houston-Galveston Area Council, a Metropolitan Planning Organization, chartered under the laws of the State of Texas; and WHEREAS, the State and the City desire improvements to certain streets as shown in "Exhibit 5", to be hereinafter identified as the "Project"; and WHEREAS, the Metropolitan Planning Organization has approved the selection of the project; and ~HEREAS, as outlined in Exhibit "3" contained therein, Minute Order 105322 establishes that the State's and the City's share of funding for the Urban Street Program for urbanized areas; and WHEREAS, the City has agreed to participate in the development and construction of the Project by having a consultant prepare the necessary design plans, specifications, and cost estimates (UPS&E"); and 12/18/1997 1 WHEREAS, such work performed by the City may, upon review by the State, require adjustments, modifications, or additions to the PS&E; ani! WHEREAS, on the, 1 Oth Day of June, 1996, the City Council passed a Resolution attached hereto as "Exhibit 6", authorizing the City's participation in the development of the Project. 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: I. CONTRACT PERIOD This agreement becomes effective upon execution by the State and shall end upon completion of the Project unless earlier terminated or modified as hereinafter provided. II. SCOPE OF PROJECT A. The State and the City agree that the scope of the project includes: 12/18/1997 1. Preparation of an environmental assessment, right of way maps, property descriptions, and schematic layout, as may be required and to the extent permitted by law, 2. Performing field sUNeys, as may be required, 3. Conducting public meetings/hearings, 4. Preparation of plans, specifications, and estimates (PS&E), 5. Acquisition of Right of Way, as may be required and to the extent permitted by law, 6. Utility adjustments, 7. Construction of the Project, 8. Any other work necessary to complete the Project, to the extent permitted by law, 2 12/18/1997 III. CITY OBLIGATIONS A. I The City will pay, far the cansultant fees necessary ta prepare the Project's preliminary design plans, specificatians, engineering and cast estimates, hereinafter callectively called "Plans", necessary far the develapment .of the Project. Such Plans include right .of way mapping, praperty descriptians and schematic layaut as required. Such Plans alsa include perfarming field surveys; canducting public meetings/hearings; and preparatian .of the plans, specificatians, and estimates as may be required. The plans shall be develaped using the Texas Department .of Transpartatian's 1995 Standard Specificatians far Canstructian .of Highways. Streets and Bridges. The City agrees ta submit the Plans ta the State for review-purpos\:f"~ ta assure campliance with State .or AASHTO standards. The City further agrees ta make such adjustments, madificatians .or additians ta the Plans as are reasanably required. In additian, all engineering wark shall be prepared using the metric system in accardance with the Texas Department .of Transpartatian Metricatian Guide unless such requirement is waived by the Design Division .of the Texas Department .of Transpartatian. Dacuments prepared far the purpase .of public invalvement shall be in bath the English and Metric unit systems. B. In the event the State determines an environmental assessment is required far Project purpases the City ta the extent permitted by law, shall canduct the assessment and submit it far State review and make such remediatian as is reasanably required. The environmental assessment shall be develaped in accardance with applicable State environmental requirements. The City agrees nat ta award the Canstructian Cantract until such environmental problems, if any, have been remediated by the City, if required and ta the extent permitted bylaw. C. In additian, the city has .or will acquire and/ar pay far the fallawing ta the extent permitted by law: 1. Right .of way required far the canstructian .of the Project 3 12/18/1997 2. Relocation/right of way assistance 6 If warranted, to the extent permitted by law, the City shall .. perform all necessary requirements to provide any additional ~ right of way required for the construction of the Project. 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. D. Upon completion of the Project, the City will assume responsibility for continued maintenance of the completed roadway facility. E. The City will be responsible for the adjustment, removal or relocation of any utilities as required by the Project. The adjustment, removal or relocation of these utilities shall be accomplished per the City's usual policies and procedures regarding private utilities. IV. STATE OBLIGATIONS The State Will: A. Review the Plans submitted by the City, process required environmental documents and oversee any necessary public involvement. 3. Secure the funding for the State cost share of the Project. C. Have the right of access to the Project in order to inspect any work performed by the construction contractor to ensure that construction of the Project is accomplished in accordance with the approved Plans. D. 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 the State. 4 12/18/1997 E. The State will provide the construction management and inspection of all work performed by the construcyon contractor to ensure that the construction of the Project is accomplished in accordance with the approved plans, specification and estimate. I V. COMPLETION OF PROJECT 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 Project will revert to the !urisdiction of the City. VI. FUNDING RESPONSIBILITIES A. The total estimated costs associated with the construction of the Project, including TxDOT's construction engineering and testing services, is $854,162.00. . 8. The City share for the total pavement cost is twenty percent (20%) plus that portion of the remaining eighty percent which exceeds $328,792.00, as hereinafter set forth, of the total estimated cost of grading, base, pavement structures and necessary safety appurtenances. The State's share is 80% of the construction pavement costs, an amount not to exceed $328,792.00. The estimated costs of the total pavement cost is $410,990.00. The City will be financially responsible for 100% of any non-pavement related costs associated with the Project, including storm sewers, curb and gutter, sidewalks and drivevvays, right of way, and environmental mitigation to the extent required and permitted by law. C. All environmental, engineering review and field costs incurred by the State are to be paid by the City to the extent permitted by law. Upon execution of this agreement, the City will, within 30 days, submit a check made payable to the "Texas Department of Transportation" in an amount sufficient to compensate the State for the environmental and enginnering review costs. These costs are estimated to be 3 percent of the State's 80 percent share referred to in Section 68, which is $9,863.76. These funds will be utilized by the State to review the engineering documentation, and cover other incidental costs, including indirect costs. 5 D. Section 21.06, Texas Govemment code, requires the State to recover from the City indirect costs based ~n a percentage of the State's actual direct costs to complete the Project. These indirect costs, will be assessed in accordance with the State's Indirect Cost Recovery Plan and will be based on the City's funding percentage of 20 percent provided herein. The indirect cost percentage for this project is zero. E. Sixty (60) days prior to the date set by the State for receipt of the construction bids, the State will notify the City to make available any funding required for the construction of the Project. The City shall remit a check or warrant payable to the "Texas Department of Transportation" in the amount specified by the State equal to the estimated cOr:!tit!'uction costs, plus construction engim~eri!'".lg- ana contingencies costs, plus the City's portion of the State's review costs and the State's indirect costs as determined per the State's Indirect Cost Recovery Plan and minus any funds previously paid by the City. Payment must be made within thirty (30) days of receipt of the State's written notification. F. The State will perform an audit of all costs associated with the Project. In the event additional funding is required from the City at anytime during the Project the City, to the extent permitted by law, will provide the funds within thirty (30) days from receipt of the State's written request. In the event any funds are due the City, the State will promptly make arrangements to provide the funds to the City. VII. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all Plans submitted by City (as revised or modified) shall remain the property of the City and all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. VIII. TERMINATION A. This agreement may be terminated by any of the following conditions. 1 . By mutual written agreement and consent of both parties. 2. By either party, upon the failure of the other party to fulfill the obligations as set forth herein. B. Termination of this agreement shall extinguish all rights, duties, 12/18/1997 .6 obligations and liabilities of the State and City to each other under this agreement. If the potential terminatiQfl of this agreement is due to the failure of either party to fulfill its contractual obligations as set forth herein, the non-defaulting party will notify the defaulting Party that possible breach of contract has occurred and the defaulting party should make every effort to remedy the breach within a period mutually agreed upon at the time by both parties. IX. INDEMNIFICATION The City acknowledges that while not an agent, servant, or employee of the State, :t is ra~ponsibl6 for its ovvn acts and deeds and for those of its agents or employees during the performance of the work authorized in this contract. X. 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 parties. XI. 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 provision hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. XII. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State: Mr. Gabriel Y. Johnson, P.E. Director of Transportation Planning and Development Texas Department of Transportation P. O. Box 1386 Houston , Texas 77251-1386 Or: 7721 Washington Avenue 12/18/1997 .7 Houston, Texas 77007 6 City; Mr. John Hargrove, P.E. City Engineer City of Pearland 3519 Liberty Drive Pearland, Texas 77581-5416 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. XIII. 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. XIV. VIOLATION OR BREACH OF CONTRACT Violation or breach of contract terms by either party shall be grounds for termination of the agreement, and any increased cost arising from the defaulting party's default, breach of contract, or violation of terms shall be paid by the defaulting party to the extent permitted by law. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. XV. COMPLIANCE WITH LAWS The parties shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and orders and decrees of any court, administration bodies, or tribunals in any matter affecting the performance of the agreement. XVI. INSPECTION OF BOOKS AND RECORDS The City shall maintain all books, documents, papers, accounting records and other relevant documentation pursuant to the project and shall make such materials available to the State and it's authorized representatives for review and audits at it's office during the contract period and for four (4) 12/18/1997 .8 years from the date of final 'completion and acceptance of the project or until pending litigation or audits are fully resolveg. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be / executed in duplicate counterparts. ATTEST/SEAL: CITY OF PEARLAND Signed by: ~ Paul GrohiT:an City Manager /':</3//17 Date of Execution VED AS TO FORM: 12/18/1997 ,9 STATE OF TEXAS I Executed for the Executive Director and approved for the Texas Transportation I Commission under the authority of Minute Order No. 100002 and Administrative Circular 26-93 and superseded by Stand Alone Manual Notice 96i, for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. BY~<~ ence J. atopek Director General Services Division ,,? -/ t::/ -- 9 R DATE OF EXECUTION 12/18/1997 .10