HomeMy WebLinkAbout95-906 08-08-1995EXHIBIT "D"
Resolution No. 95 -906
AUTHORIZING THE EXECUTION OF A CONGESTION MITIGATION
AND AIR QUALITY IMPROVEMENT AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF
TRAFFIC SIGNAL IMPROVEMENTS ON WESTPARK WAY AT
TIBBETS DRIVE AND SILVER CREEK DRIVE
WHEREAS, the Texas Department of Transportation and the City of Euless desire traffic signal
improvements on Westpark Way at Tibbets Drive and Silver Creek Drive,
WHEREAS, the Texas Department of Transportation Federal share of funding for the Project will
not exceed sixty-seven (67 %) of the cost of the Project; and
WHEREAS, the City of Euless agrees to participate in the installation of the Project by providing
funding, preparing design documentation, acquiring the necessary right -of -way, accomplishing
utility adjustments and other items as required by the Texas Department of Transportation;
NOW, THEREFORE, BE IT RESOLVED that the Euless City Council hereby accepts the terms
of the agreement proposed by the Texas Department of Transportation and authorizes the Mayor
of the City of Euless to execute in the name of the City of Euless all necessary applications,
contracts and agreements to implement and carry out the purposes specified in this resolution.
APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Euless,
Texas, on the 8th day of August , 1995, by a vote of 6 ayes, 0 nays
and 0 abstentions .
APPROVED:
be,:h, (ALLA,
Mary Lib Sal , Mayor
ATTEST:
CSJ:9902 -48 -966
Westpark Way @ Tibbets and
Silver Creek
C.O.G. #4107
Agreement No. 5XXF6079
STATE OF TEXAS
COUNTY OF TRAVIS
CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
AGREEMENT FOR TRAFFIC SIGNALS (STATE CONTRACTED
AND WITH A MUNICIPALITY PARTICIPATING IN THE OFF— SYSTEM
COSTS AND ANY NON — PARTICIPATING FEDERAL COSTS)
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, chartered under the laws of the State
of Texas, acting by and through the city of Euless ,
in Tarrant County, Texas, hereinafter called the "City ",
acting by and through its duly authorized officers.
W I T N E S S E T H
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991,
( "ISTEA ") codified under Title 23 U.S.C. Section 101 est seq., establishes
the National Intermodal Transportation System that is economically
efficient and environmentally sound, provides the foundation for the nation
to compete in the global economy, and will move people and goods in an
energy efficient manner; and
WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation
and air quality improvement program ( "CMAQ ") to contribute to the
attainment of a national ambient air quality standard to be implemented by
the States' Transportation Agencies; and
WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning
Organizations ( "MPO's ") and the States' Transportation Agencies to develop
transportation plans and programs for urbanized areas of the State; and
WHEREAS, Title 23 U.S.C. Section 120 establishes the Federal share of
funding for CMAQ programs involving the procurement and installation of
traffic signals as defined elsewhere in this agreement; and
WHEREAS, the State is empowered under existing laws to operate and maintain
a system of highways and roadways for public use and benefit; and
WHEREAS, the State has requested the City pay for that portion of the cost
that is not covered by Federal funds related to the intersections
established herein, hereinafter called the "Project "; and
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WHEREAS, it is in the best interest of the City and the State for the City
to pay the State the Federal non - participating cost involved in the
installation and inspection of traffic signals on the Project; and
WHEREAS, the Project has been designated as a Federal -aid project and thus
this agreement shall be made in accordance with Federal Highway
Administration (FHWA) procedures and regulations; and
WHEREAS, on the 8th day of August , 19 95 , the
Euless City Council passed Resolution /a ffi iii i t No.
95 -906 , attached hereto and identified as Exhibit "D ", authorizing
the City to pay the State in advance the Federal non - participating amount
of the Project; and
WHEREAS, the State will secure the Federal cost share; and
WHEREAS, on the 30th day of November , 19 94 , the Texas
Transportation Commission passed Minute Order 104667
authorizing the Project through the State Transportation Improvement.
Program; and
WHEREAS, the State and the City are authorized under Article 6673b,
V.T.C.S. to enter into this agreement for the purposes defined herein;
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:
ARTICLE 1. CONTRACT PERIOD
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This agreement becomes effective on final execution by the State and shall
remain in effect as long as said traffic signal equipment is in operation
at the described location(s) and the Project is incomplete, or unless
otherwise terminated or modified as hereinafter provided.
ARTICLE 2. WARRANTING DATA .
The City will be responsible for collecting and preparing the required
warranting and justification data for each signalized intersection. The
data will be furnished to the State in a format approved by the State.
Only those intersections that are warranted and approved by the State will
be eligible for signalization under this agreement.
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ARTICLE 3. INTERSECTION LOCATIONS
A. All State - approved intersections which are included as part of the "On
State Highway System" are acknowledged in Exhibit "A ", attached hereto and
made a part of this agreement.
B. All State - approved intersections which are "Off State Highway System"
are acknowledged in Exhibit "B ", attached hereto and made a part of this
agreement.
ARTICLE 4. CONSTRUCTION RESPONSIBILITIES
A. The plans associated with the construction of the traffic signal(s)
will be developed by the State, unless noted otherwise in paragraph "C"
below. The construction plans will be prepared in accordance with the
latest edition of the Texas Manual on Uniform Traffic Control Devices
(TMUTCD) and using Texas Department of Transportation Standard
Specifications, Special Specifications, Special Provisions.and Standard
Sheets.
B. The State will advertise for construction bids, let the construction
contract, or otherwise provide for the construction and will supervise the
construction as required by said plans. The State will secure the City's
concurrence of the construction plans prior to the award of the
construction contract.
C. variations: The City of Euless will prepare the plans at their own expense..
ARTICLE 5. COMPENSATION
A. The State will pay up to N/A % of the construction costs for locations
described in Exhibit "A ". The State will pay up to f9 % of the
construction costs for locations described in Exhibit "B ".
B. A cost estimate of the work authorized for each intersection listed in
Exhibits "A" and "B" is provided in Exhibit "C ", attached hereto and made a
part of this agreement.
C. Upon execution of this agreement, the City shall remit a check or
warrant, made payable to the Texas Department of Transportation, in the
amount equal to:
(1) 31 % of the estimated contract bid items for locations described
in Exhibit "8"
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31 % of the estimated engineering and contingencies (State
inspection costs) for the contract bid items for locations-
described in Exhibit "B"
100% of any Federal non - participating costs
It is estimated that the State inspection cost will be 10% of
construction cost.
The City check or warrant is $ 37,200.00
D. In the event it is determined by the State that the initial amount
submitted by the City for construction of the project is insufficient to
cover the State's costs, the City will within thirty (30) days from the
State's written notification, make additional funding available to the
State. Following completion and the State's acceptance of the project, the
State will make a final audit of all costs associated with the project.
Upon completion of the final audit, any remaining funds due the City will
be promptly returned.
ARTICLE 6. TERMINATION
This agreement may be terminated by one of the following conditions:
(1) By mutual agreement and consent of both parties.
(2) By either party, upon thirty (30) days written notice to the
other.
ARTICLE 7. INDEMNIFICATION
The City acknowledges that it is not an agent, servant, or employee of the
State, and that it is responsible for its own acts and deeds and for those
if its agents or employees during the performance of contract work.
ARTICLE 8. REMEDIES
Violation or breach of contract terms by the City shall be grounds for
termination of the agreement, and any increased cost arising from the
City's default, breach of contract, or violation of terms shall be paid by
the City. 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.
ARTICLE 9. DISPUTES
Should disputes arise as to responsibilities and obligations as set forth
in this agreement, the State's decision shall be final and binding.
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ARTICLE 10. AMENDMENTS
Changes in the time frame, character, responsibilities, or obligations
authorized herein shall be enacted by written amendment. Any amendment to
this agreement must be executed by both parties.
ARTICLE 11. INSURANCE (Mark out the following paragraph that is not
applicable)
A. Outside Insurance
to the City performing any work within the limits of this P • ' - -
the City s a • e State a completed - . - • Insurance
(Form 20.102 12-91) and shal • ance in full force and
effect as lot . - - • •roject lasts and the City is a - - - 4 .t
- • i • is liability purposes.
B. Self Insured
Prior to the City performing any work within the limits of this Project,
the City shall furnish to the State a completed Certification of Insurance
(Form 20.102 12-91) and shall maintain its self-insurance program in full
force and effect as long as this Project lasts and the City is responsible
for the furnishing, installing, maintenance, and operation of the traffic
signal equipment. The State understands that the City is a self-insured
entity for public liability purposes.
ARTICLE 12. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this agreement shall
for any reason, be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect
any other provision thereof and this agreement shall be construed as if
such invalid, illegal, or unenforceable provision had never been contained
herein.
ARTICLE 13. GOVERNING LAWS AND VENUE
This agreement shall be construed under and in accordance with the laws of
the State of Texas. Any legal actions regarding the parties obligations
under this agreement must be filed in Travis County, Texas.
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ARTICLE 14. PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties
hereto and supersedes any prior understandings or written or oral
agreements. between the parties respecting the within subject matter.
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IN WITNESS WHEREOF, the State and the City have signed duplicate
counterparts of the Agreement.
THE STATE OF TEXAS
The City of: EULESS
Executed for the Executive Director
La_ �, and approved for the Texas
By: �V,/� Transportation Commission under the
Name) Authority of Minute Order 100002
and Administrative Circular 26-93,
Mayor for the purpose and effect of
(Title) activating and/or carrying out the
orders, established policies or
August 8, 1995 work programs by the Texas
(Date) Transportation Commission.
ATTEST: APPROVED:
- (?-161°Z: By: -1e4g4 "/---
Cit Secretary ec or,
Traffic Operations Division
Date: 9-1.5-Or
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EXHIBIT "A"
(ON - SYSTEM)
NOT APPLICABLE
EXHIBIT "B"
(OFF - SYSTEM)
1. City Streets
NCTCOG Project Code No. 4107
CSJ: 9902 -48 -966
A. Westpark Way at Tibbets and
Silver Creek
EXHIBIT "C"
PROJECT ON /OFF PROJECT FED /STATE
DESC. SYSTEM CODE NO. PART. COST
1. Westpark Way at
Tibbets and
Silver Creek
Off
4107 $82,800.00