1994-161-RES WHEREAS, CITY COUNCIL DID HERETOFORE IN RESOLUTION NO 88-046
RESOLUTION NO. 94-161
WHEREAS, the City Council of the City of Paris, Paris, Texas, did heretofore, in
Resolution No. 88-046, approve the contribution of $155,000.00 for the improvement of
approximately 0.4 mile of 24th Street S.E. beginning at the Texas & Paciftc Railroad right-of-
way south to F.M. 1507, in Paris, Texas; and,
WHEREAS, the Texas Department of Transportation has offered, in the form of
"Agreement for the Reconstruction of 24th Street S.E.", the terms under which it will undertake
the 24th Street S.E. Reconstruction Project, which form attached hereto as Exhibit A should,
in all things, be approved, and the City Manager, Michael E. Malone, should be authorized to
execute the same; and,
WHEREAS, in order to fund the construction, contingencies, and right-of-way and
easement procurements, it would be appropriate for the sum of $200,000.00 to be set aside and
reserved from Certiftcates of Obligation, Series 1993; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the
form of "Agreement for Reconstruction of 24th Street S.E.", attached hereto as Exhibit A, be,
and the same is hereby, approved; and,
BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael
E. Malone, be, and he is hereby, authorized and directed to execute on behalf of the City of
Paris the agreement with the Texas Department of Transportation for the reconstruction of 24th
Street S.E. in the form shown in Exhibit A, attached hereto; and,
BE IT FURTHER RESOLVED, that the Director of Finance, Gene Anderson, be, and
he is hereby, authorized and directed to set aside and reserve $200,000.00 from Certiftcates of
Obligation, Series 1993, for the 0.4 mile 24th Street S.E. Reconstruction Project.
PASSED AND ADOPTED this 12th day of December, 1994.
D!lz"~
ATTEST:
~~~.~~~~j
Mattie Cunningham, City Cler
APPROVED AS TO FORM:
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,
,
Lamar County
CSJ: 8760-01-002
Project: STP 90 (18) UM
24th St. S.E.: From T&P Railroad
to FM 1507
STATE OF TEXAS *
COUNTY OF TRAVIS *
AGREEMENT FOR THE RECONSTRUCTION
OF 24TH STREET S.E.
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 Paris, Texas, acting by and through its duly authorized officers,
hereinafter called the "City".
WIT N E SSE T H
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA")
codified under Title 23 U.S.C. Section 101 et seq., establishes the National
Intermodal
Transportation
System
that
is
economically efficient
and
environmentally sound, provides the foundation for the nation to compete in the
global economy, and will move people and goods in an energy efficient manner; and
WHEREAS, Title 23 U.S.C. Section 133 establishes that surface transportation
programs should be developed and implemented by the States' Transportation
Agencies; and
WHEREAS, the State and the City desire for the reconstruction of 24th Street S.E.
from the limits of the T&P Railroad to FM 1507, as shown in "Exhibit A", to be
hereinafter identified as the "Project"; and
WHEREAS, the City has offered to participate in the development and construction
of the Project by providing the necessary right-of-way, providing for the utility
relocations, and providing all costs associated with the construction of the
sidewalk, driveways, curb and gutters, and storm sewers; and
WHEREAS, on the &day of fiJI/At l~g the Paris City Council passed
Resolution No. !5I--Otfb, attached hereto and identified as "Exhibit B",
authorizing the City's participation in the development of the Project; and
,
12/02/94
Page 1 of 7
EXHIBIT A
WHEREAS, the State will prepare the construction plans, fund and let the
construction contract, and provide the construction inspection and management
services; and
WHEREAS,
on
the ~ day of
rf)(1/~/l!
19~
the
Texas
Transportation Commission passed Minute Order 101588, attached hereto and
identified as "Exhibit C", authorizing the State's participation in the
development of the Project;
A G R E E MEN T
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed
as hereinafter set forth, it is agreed as follows:
1. CONTRACT PERIOD
This agreement becomes effective upon final execution by the State and shall
terminate upon the State's 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 approved by the Texas Transportation Commission.
B. The Project will be designated a part of the State Highway System as a
Metropolitan Hiqhwav for the limited purpose of reconstructing the roadway
facility; however any existing city roads within the limits of the Project will
not be designated or incorporated therein prior to the State's award of the
construction contract.
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. ACOUISITION AND SECURING OF RIGHT-OF-WAY
The City shall secure for the State the necessary right-of-way required for the
construction of the Project. In the event additional right-of-way is required for
the completion of the Project, the City shall be responsible for the acquisition
of the additional right-of-way. The City will comply with all the requirements
of Title III of the Uniform Relocation Assistance and Real Property Acquisition
,
12/02/94
Page 2 of 7
Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq., except 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.
The City shall also secure and provide the State all easements over any other
land in addition to normal right-of-way as may be required for the construction
of the Project.
4. UTILITY ADJUSTMENTS/RELOCATIONS
If required for the completion of the Project, the City shall provide and assume
the cost for utility adjustments or relocations which may be located within the
Project limits. All utility adjustments or relocations shall conform to the
State's Utility Accommodation Policy, as established in Title 43 TAC Chapter 21.
5. ENGINEERING DEVELOPMENT
The State shall be responsible for the preparation of the Project's preliminary
engineering necessary for the development of the plans, specifications and
estimates (P.S.& E.). The P.S.& E. shall be developed in accordance with the
State's 1993 Standard Specifications for Construction of Hiqhwavs. Streets and
Bridqes or its currently approved revisions. The State shall submit a copy of the
completed P.S.& E. to the City for review.
6. CONSTRUCTION REQUIREMENTS
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 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. The City shall have the right, at its
own costs, to observe the construction of the Project, provided that such
t
12/02/94
Page 3 of 7
obs~rvations shall not interfere with the required construction.
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 constructed
roadway will be removed from the State Highway System and will revert under the
jurisdiction of the City.
7. FUNDING RESPONSIBILITIES
A. The City shall be responsible for the costs of the construction of sidewalks,
driveways, curb and gutters, and storm sewers. Within sixty (60) days of the date
set by the State for the posting of the bids, the State shall notify the City
that the funding for the above items is to be made available. Within thirty (30)
days from the receipt of the State's written notification, the City shall present
a check or warrant made payable to the "Texas Department of Transportation" in
the amount established by the State in its notification. The estimated cost for
the construction of the driveways, sidewalks, curb and gutters and storm sewer
is $155,000.00.
B. In the event the funding provided by the City is insufficient to cover the
State's costs for the construction of the established items, the City will within
thirty (30) days from receipt of the State's written notification provide the
additional funding to cover the State's additional costs.
C. Upon completion of the Project, the State will prepare a final audit of all
costs associated with the development of the Project. Upon completion of the
audit, any remaining funds due the City will be promptly returned.
8. MAINTENANCE RESPONSIBILITIES
Upon final completion of the Project, maintenance of 24th Street S.E. will be the
responsibility of the City.
9. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by the
State shall remain the property of the State and all documents prepared by the
. City shall remain the property of the City. All data prepared under this
i"
12/02/94
Page 4 of 7
agreement shall be made available to the State without restriction or limitation
on their further use.
10. TERMINATION
A. This agreement may be terminated by any of the following conditions:
(1) By mutual written agreement and consent of both parties.
(2) By either party, upon the failure of the other party to fulfill the
obligation as set forth herein.
(3) By satisfactory completion of all services and obligations 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.
11. 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.
,
12/02/94
Page 5 of 7
12. 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.
13. 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.
14. 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
P.O. Box 250
1365 N. Main St.
Paris, TX 75460
City: The City of Paris
P. O. Box 1037
Paris, TX 75461
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.
15. 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 subject matter within.
,
12/02/94
Page 6 of 7
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed
in duplicate counterparts.
THE CITY OF PARIS, TEXAS
By:
Typed Name
Title
Date
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
Order 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.
Deputy Executive Director for Transportation
Planning and Development
Date
,
12/02/94
Page 7 of 7
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PAGE 01/03
P. .., 1
'EC- 7-94 WED 17:36
RESOLUTION ~O. 88.046
WHEREAS, the Citl' Councilor the City of Pari') is
d~!liroul of continu:Lng to Qooperate with the '1','1</.1.9
n.'\,srtment of Highways and Public Transportation in
prov1ding lIafe streets and highways in and nlar the Cl I ,. "f
PlIrisl and,
WHEREAS I the Texas Department of Highways and f\lt.l ic
Transportation did in Minute Order No. 86765. passed 01\ t.he
27th day of January, 1968, offp.'t' to the City of Parh t(l
improve approximate.ly 4,0 mile.; of 24th Street S.E. III an
estimated cost to said department of $550,000.00. beglln.ing
at the Ta'lCall & Pacific Railroad Right-of-Way South to F", M.
1 ~07 as described in said Minute Order attached heret<o liS
Exhibit AI and.
WHEREAS, it is deemed to br in the best interlst vl lha
~itizens of Paris that the City of Paris contrLl~te
$155.000,00, and approve said MinuU Order; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE Cl1''j Ot"
PARIS, That the provisiona of Texas Department of Highvaya
t\\ld Public Transportstion's Minute Order No. 86765. bf. Hnd
the same is hereby accepted.
pas.ed and adopted this 16th day of May, 1988.
Bil~~Y~~
ArnST I
Post.lt" brand fa~ lransmillal m
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a t I trunn!ng am, eit er
FORM:
F"'737
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Dept,
ttorney
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EXHIBIT 8
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l I.
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Various
(\
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TEXAS lRANS~ORTATION COMMISS~~n
,
j County
No.' arious
l
'I WHEREAS, the Intermodal Surface Tran~~ortat1on Eff1ciency Act
.of 1991 (ISTEA) was s1gned into law 1n December, 1991 and s1gn1f1cantly
irestrllctured the programs to Ilt i11;ze IlV8.i 1!I.b l'e funds; and
I WHEREAS, '~he ISTEA also s1sn1ficantly increased the role and
[involvement of the Metropolitan Plann1ng Organizations (MPOs) in the
iprogramming and development of transportat1on projects; and
MINUTE. ORDER
f>age
1 of
5
Pages
District
WHEREAS, projects are subject to appnoval/concurrence of the
MPO, where applicable; and
,
WHEREAS, projects falling w1th1n an area of non~atta1nment Of
all" quality :>tllndllrds, are subject to analys1js to determ1ne conformance
with air quality atta1nment gu1de11nes; and
WHEREAS. Minute Order 101106 dated June 24, 1992 outl1ned the
three phases for mob1l1ty project authorization for the 1993
Trans1t10nal Project Development Plan (POP) and approved Phase I: and
I WHEREAS. the structure of the var10us categor1es of work,
linCluding the descr1ption, tne restr1ctions. ,tM methOd Of allocat10n
and policy was approved as Shown in Exhibit A to Minute Order 101106:
and .
EXHIBIT C
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Various
TEXAS tRA"S~ORTATIOM COMMISS.ON
County MINUTE ORDER
Page Z of . 5 Pages
I
District No,~arious
'./
, WHEREAS, Exhibit A to Minute Order 1~1106 did not address
'apport10nments and identify projects in cert4in categories; and
WHEREAS, the programs shown below in,Exhibits A through V are a
part of the POP, liS indicated by the categories shown; and
WHEREAS, the letting of projects to contract is further Subject
to the availability of projected funds at the time of letting;
HOW, THEREFORE, IT IS ORDERED that the Executive Director is
:hereby authorized to proceed in the most feasible and economical manner
'w1th project development for the projects included in the follow1ng
:Exhib1ts to include any necessary agreements; right of way acqu1sition,
'util1ty adjustments and relocat10n assistance:
Exh'lbit. A - 1993 Consolidated RehabiHtll't:ion Program
(Interstate Maintenance, ,National HlghwllY System
Rehabilitation, Surface transportation Program
Rehabilitation and State 'Funded Rehabilitation)
(Cate9ories ~, 3C, 4F and 14)
Exhibit 8 - 1993 Highway Safety Improvement Program (Category
4A)
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TEXAS TRANSPORTATION COMMlSS ON
VariOus
County
MINUTE ORDER
Page 3 of 5 Pages
District No. arious
'.f
,
Exhibit C - 1993 Federal Railroad Si~nal Program (Category 4A)
Exh1bit 0 - 1993 Railroad School Bus. Signal Program (Category
4A) ,
Exhibit E - 1993-2002 Metropolitan Mobility/Rehabilitation
Program (Cate9ory 4C)
Exhibit F - 1993~2002 Urban Mobility/Rehabilitation Program
(Category 40)
Exhibit G - 1993-2002 Rural Mobility/Rehabilitation Program
(Category 4E)
Exhibit H - 1992-1995 Congestion Mit1gation and Air Quality
Program (Subject to appr~val by Federal Highway
Administration and/or EnVironmental Protection
Agency)(Category 5) .
Exhibit I - 1993-1995 On State System Bridge Program (Category
GA)
Bridge Program (Category
Exhib1t J - 1993-1995 Off State
68)
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Various
District
:of
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No.~arious
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TtXAS TRANSPORTATION 00""ISS10N
County
MINUTE ORDER
Page
4 of
5 Pllges
Exhibit K - 1992-1994 Farm to Market ,Road ProgrAm (Category 8)
EXhibit L - 1992-1994 Prison Road Pr~gram (Supplement to Farm
to Market Road ProjectsHCategory B)
Exhibit M 1993 Railroad Grade CroSSing Replllnklng Program
(Cate9ory 16) :
Exhibit N - 1994-1995 City-County Ratlroad Signal Program
(Category 16)( Conti ngent :Upon a Legi Ii lat ive
Appropriation of Funds)
IT IS FURTHER OROERED that the structure and alloclltions for
,the following programs be approved and the Executive Director is hereby
'authorized to proceed with program development and then proceed with
iproject development to include any necenary :llgreements, right of way
;acquisition, uttllty adjustments and relocati'on asshtance:
Exhibit 0 - 1993 Interstate Sign Improvement and Pavement
Marking Program (Category 2)
Exhibit P - 1993 Preventive Maintenance Program (Category 7)
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TEXAS TRANSPORTATION COMMISSIQN
Various
County
MINUTE ORDER
Page 5 of 5 Pages
District No. Various
4
Exhibit Q - 1993 Non-Interstate Freeway/Expressway Slgn Improvement
Program (Category 10)
Exhibit R - 1993 Non-Interstate Raised Reflective Pavement Marker
Program (Category 10)
EXhibit S - 1993 Conventlonal Hlghway Signing Program (Category 10)
Exhibit T - 1993 Traffic Signal Program (Category 10)
Exh1blt U - 1993 Texas Safe~y Improvament Program (Category 10)
Exhibit V - 1993 D1strict D1scretionary Program (Category 11)
IT IS FURTHER OROERED that the projeqts approved as part of the
1988-1992 Urban System/Principal Arter1al Street System (PASS) Program
(Major Urban1zed Areas) or the PASS MetroPol1,tan Match Portion of 1988-
1992 Urban System/Principal Arterial Street ~ystem (PASS) Pro9ram
(Major Urbanized Areas) that have not been s~lected for other
categories of the 1993 Transitional Project Development Plan shall
retain their authority in the aforementioned :programs.
IT IS FURTHER ORDER that projects approved as part of past
allocation programs that have not been selected for other categories of
the 1993 Transitional Project Development Plan shall retain their
authority in these programs.
IT IS FURTHER ORDERED that projects requiring right of way
and/or uti11ty adjustments are subject to the poliCies of the Texas
Department of Transportation and all applicable Federal and State 1aws
governing the acquisition policies for acquiring real property.
IT IS FURTHER ORDERED that the sectic:ins of highwllY shown in
EXhibit Ware hereby designated as part of the State Highway System
subject to the conditions indicated.
IT IS FURTHER ORDERED that thls Minute Order is effective as of
th1!l dale.
Si(it ed bY:\:) /.,.y ~
rector 0 g wIlY Design
Examined and recommended by:
~i ~.J~
..-- ssoft-:te Execl!t ve rector
Minute Number
10:1588
Date Passed
OCT ;:! B ~?
~