Loading...
1997-004-RES WHEREAS, CITY COUNCIL DID HERETOFORE IN 037 RESOLUTION NO. 97 -004 WHEREAS, the City Council of the City of Paris, did heretofore, in Resolution No. 96- 037, as the nominating entity for the Greater Paris Development Foundation, Inc., apply for the Statewide Transportation Enhancement Program Grant for the project entitled "Paris Santa Fe Frisco Railroad Deport Rehabilitation;" and, WHEREAS, the City Council of the City of Paris did heretofore, in said resolution, accept the donation of the depot from Kiamichi Railroad, which depot will be placed towards the City's twenty percent (20 %) cash match necessary under the terms of the grant; and, WHEREAS, it is deemed appropriate that the form of the agreement with the Texas Department of Transportation, attached hereto as Exhibit A, be, in all things, approved, and that the City Manager, Michael E. Malone, be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of Agreement between the City of Paris and the Texas Department of Transportation for the Paris Santa Fe Frisco Railroad Depot Rehabilitation Project, CSJ #0901-29-012, 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 Paris Santa Fe Frisco Railroad Depot Rehabilitation Project, CSJ #0901-29-012, under the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 13th day of January, 19 ATTEST: Mattie Cunningham, City Clerk City of Paris CSJ: 0901-29-012 Paris Santa Fe-Frisco Railroad Depot Rehabilitation STATE OF TEXAS ) ) COUNTY OF LAMAR ) AGREEMENT 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, Paris, Texas, hereinafter called the "City." WITNESSETH WHEREAS, the International Surface Transportation Efficiency Act of 1991 (ISTEA), codified under Title 23 D.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 V.S.C. Sections 133(d)(2) and 160(e)(2) require that ten percent (10%) of certain funds apportioned to a state pursuant to Title 23 D.S.C. Section 104(b)(3) be used for transportation enhancement activities, as defined in Section 101(a) of Title 23 V .S.C.; and, WHEREAS, the Texas Transportation Commission, hereinafter called the "Commission," will use those funds in a statewide competitive program that enhances the intermodal transportation systems and facilities within the state for the enjoyment of the users of those systems; and, 1 EXHIBiT i\ WHEREAS, the State and the City desire the improvements to the Paris Santa Fe-Frisco Railroad Depot, as shown in the attached "Exhibit A," to be hereinafter identified as the "Project;" and, WHEREAS, Title 23 V.S.C. Section 120 (b) establishes that the federal share of funding for transportation enhancement activities shall not exceed eighty percent (80 %) of the total cost of the project; and, WHEREAS, the City offered to participate in the development and construction of the Project by providing the non-federal funding share of the project, acquiring the necessary right-of- way, accomplishing utility adjustments, procuring the consultant services, preparing the design documentation, letting the construction contract, providing the construction inspection, and other necessary items required by the State; and, WHEREAS, on the 29th day of April, 1996, the City Council of the City of Paris passed Resolution No. 96-037, attached hereto and identified as "Exhibit B," authorizing the City's participation in the development of the project; and, WHEREAS, the State will secure the federal cost share; and, WHEREAS, on the 28th day of August, 1996, the Commission passed Minute Order 106939, attached hereto and identified as "Exhibit C," authorizing the State I s participation in the Project; NOW, THEREFORE, AGREEMENT 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: 2 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate on August 31, 2000, or upon completion of the Project, whichever is first, unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT The State and City agree that the scope of the project shall be limited to the scope authorized by the Texas Transportation Commission and as shown on the attached "Exhibit A." The work to be performed by the City will include all that is necessary to complete construction of the Project. 3. ACQUISITION OF RIGHT-OF-WAY AND OTHER PROPERTY A. The City shall perform all necessary requirements to acquire title in the name of City to the desired right-of-way required for construction of the Project, which title shall be acceptable to the State. The State will review the title to the desired right- of-way and will either approve or reject the same, in writing, within twenty (20) days of receipt of the same. If the State does not reject the same within said twenty (20) day period, such title shall, for all necessary purposes, be deemed acceptable. The City shall acquire all right-of-way free and clear of all improvements and/or encroachments. The City shall comply with all 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 3 persons as defined in 49 CFR Part 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 inspections. 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 completion of the Project. B. In the event the property is donated to the City after the date of State's authorization, the City will provide all documentation to the State regarding the value of the acquired property. The State will review the City I S appraisal of the donated property to determine the fair market value and will either approve or reject the same, in writing, within twenty (20) days of receipt of the same. If the State does not reject the same within said twenty (20) day period, such appraisal shall, for all necessary purposes, be deemed to have been approved. The fair market value of donated right-of-way will be credited toward the City's financial share of the cost of the Project. The City shall comply with the property donation requirements established in Title 23 v.S.C. Section 323. C. The State will not credit the fair market value of donated right-of-way toward the City I S financial share of the cost of the Project, nor reimburse the City any expenses associated with property acquisition, in the event the right-of-way was acquired before execution of this agreement. The State will not reimburse the City any funds for the fair market value of donated property, which exceeds the City's financial share of the cost of the Project. This local share amount shall not exceed 4 two hundred fifty-three thousand, seven hundred twenty dollars and eighty cents ($253,720.80) or 20% of the total project cost, whichever is less. 4. RIGHT-OF-WAY DESCRIPTION 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. The State will review the right-of-way maps and property descriptions and will either approve or reject the same, in writing, within twenty (20) days of receipt of the same. If the State does not reject the same within said twenty (20) day period, such right-of-way maps and property descriptions shall, for all necessary purposes, be deemed to have been approved. Tracings of the maps shall be retained by the City for its permanent records. 5. DETERMINATION OF RIGHT-OF-WAY VALUES The City agrees to make a determination of property values for right-of-way by methods acceptable to the State and to submit to the State 1 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 shall be eligible for reimbursement after the City has received 5 written authorization by the State to proceed with determination of right-of-way values. The State will review the data submitted and may base its reimbursement or cost-share credit for parcel acquisitions on the values which are determined by this review. The City shall submit to the State all documentation relating to the actual costs incurred during acquisition of right-of-way for the Project. The State shall review all records and approve items subject to reimbursement before the State will issue the reimbursement to the City. 6. REIMBURSEMENT 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. 7. UTILITY ADJUSTMENTS/RELOCATIONS If the required right-of-way encroaches upon existing utilities or the proposed construction requires the adjustment, removal, or relocation of existing utility facilities, the City will establish the necessary utility work. Unless otherwise provided by the owners of the utility facilities, 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 State law, regulations, policies, and procedures. The State will not reimburse the City for any costs associated with the adjustment, removal, or relocation of existing utility facilities. 8. ENVIRONMENTAL ASSESSMENT, MITIGATION, AND REMEDIATION A. The City will, on the Depot and the parking area adjacent thereto, prepare or cause to be prepared an environmental assessment based on established State procedures. The City will notify the State of any environmental concerns identified during the 6 development of the project. B. The City will be responsible for the remediation of any hazardous materials identified within the limits of the Project site. All costs associated with the investigation and remediation of environmental problems will be limited to the budgeted amount in Paragraph XI, Division 1, of Exhibit A, attached hereto, which was heretofore approved by the Commission upon approval of the original application for Interstate Transportation Enhancement Act Funding, and the City will be reimbursed or credited toward its financial share of the Project. However, if the cost of remediation is excessive or beyond the budgeted amount, the contract may be terminated in accordance with TERMINATION, Section 16. C. Should any portion of the project site require remediation during the project implementation, identified area(s) will be avoided and will not be developed until all environmental concerns have been adequately addressed in accordance with applicable federal, state, and local laws and regulations. D. The City will be responsible for the mitigation of project impacts (such as wetlands, threatened and endangered species, cultural resources, etc.) that result from al).y agreements, permits, and/or coordination that is necessary to complete the environmental, public involvement, and construction phases of the Project. All costs associated with these with these types of mitigation will be funded under the eligible cost limits of the Project. 7 E. The City will not let the construction contract until all environmental concerns have been adequately addressed in accordance with applicable federal, state, and local laws and regulations. 9. CERTIFICATION The City shall provide to the State forty-five (45) days prior to the construction contract let date, a certification that all environmental problems have been remediated and that all conflicting utilities have been adjusted to clear the proposed construction. 10. ARCHITECTURAL SERVICES A. The City will utilize the services of a consultant for the development of the project. The City will prepare and distribute a Request for Proposal (RFP) and select a qualified architectural consultant in accordance with a procurement procedure established by the State in V.T.C.A., Government Code, Chapter 2254, Subchapter A, and following Federal rules and guidelines as established in 23 CFR Part 172. The selection procedures to be utilized by the City must have the State's approval prior to the distribution of the RFP. The State will review the City's selection procedure and will either approve or reject the same, in writing, within twenty (20) days of receipt of the same. If the State does not reject the same within said twenty (20) day period, such selection procedure shall, for all necessary purposes, be deemed to have been approved. Development of the plans, specifications, and estimates of construction cost (P.S.&E.) shall include environmental assessment and holding of a public meeting or other necessary public involvement requirements. The City will enter into a contract with the selected consultant and 8 make payments to the consultant from the project funding described below. B. The City shall stipulate, as part of their contract with the consultant, that the consultant must produce a revised schedule and budget and justification for anything that deviates from the contract before the consultant is paid. The City shall make it necessary for the consultant to produce physical evidence of progress before the consultant is paid. C. The architectural plans shall be developed by the City or its consultant in accordance with The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings. D. The City shall submit the completed P.S.&E. to the State for review and approval. The State will review the completed P.S.&E. and will either approve or reject the same, in writing, within twenty (20) days of receipt of the same. If the State does not reject the same within said twenty (20) day period, such completed P.S.&E. shall, for all necessary purposes, be deemed to have been approved. Should the State determine that revisions are required to the P.S.&E., the City or its consultants shall make the necessary revisions. The State shall submit the P.S.&E. to the State Historic Preservation Officer (SHPO) for approval. The City shall not let the construction contract until the P.S.&E. has been granted approval by the State. E. The State will coordinate the preparation of the P.S.&E. and environmental and public involvement documentation with the appropriate division(s). The State will be responsible for verifying the eligibility of specific items. 9 F. The City will submit to the State all documentation relating to actual costs incurred associated with the development of the project. Reasonable costs incurred by the City after the City has obtained written authorization from the State will be eligible for reimbursement. 11. CONSTRUCTION RESPONSIBILITIES A. The City will be responsible for the construction of the Project. Actual construction shall be performed by contract awarded by competitive bidding. The City shall comply with the applicable regulations and requirements established in 23 CFR Part 635, Subparts A, C, and D. The City shall develop written construction contract procedures for the State's review and approval. The State will review the City I S construction contract procedure and will either approve or reject the same, in writing, within twenty (20) days of receipt of the same. If the State does not reject the same within said twenty (20) day period, such procedure shall, for all necessary purposes, be deemed to have been approved. The City shall not initiate the bidding process until approval of the procedures has been obtained from the State and a "Letter of Authority" has been issued by the Federal Highway Administration. B. In accordance with the requirements established in 23 CFR Part 633, Subpart A, the City shall include the latest version of Form "FHW A-1273" in the contract bidding documents. The required contract provisions contained in Form FHW A- 1273 shall apply to all work performed on the contract by the contractor's own organization and to all work performed on the contract by piecework, station work, 10 or by subcontractor. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the requirements contained in the provisions of Form FHW A-1273. C. Any change orders, 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. The City shall provide or cause to be provided all inspection services and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved contract documents. The State will perform periodic reviews of Project construction to ensure compliance with applicable regulations. D. If, at any point in the duration of the Project, the State finds any portion of the project unacceptable or not in compliance with the federally approved terms of the Project, the City shall delete that item and/or will not be reimbursed for any expenditures made for that item. 12. PROJECT FUNDING A. The total cost of the project, including construction, contingencies, design services, and administrative costs, is estimated at one million two hundred sixty-eight thousand six hundred and four dollars ($1,268,604.00). B. The State will be responsible for securing the federal share of the funding required for the development and construction of the Project. This federal share amount shall not exceed one million fourteen thousand eight hundred eighty-three dollars and twenty cents ($1,014,883.20), or 80% of the actual Project cost, whichever is 11 less. The City will be responsible for any non-federal participation costs associated with the project. C. The City anticipates that its total twenty percent (20 %) contribution will be in land and building donation; therefore, no cash will be paid until it is determined that the land and building do not meet or exceed the total amount of City's required match. At which time, the City will make a deposit in the amount it falls short of the twenty percent (20 %) of the original cost incurred by the State in reviewing the architectural documentation and other incidental costs. Said deposit shall remain the property of the City until an itemized statement of the charges has been furnished to City. Twenty percent (20 %) of the reasonable cost incurred by the State shall not exceed a total matching contribution of four thousand eight hundred dollars ($4,800.00). The City will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount of two thousand four hundred dollars ($2,400.00) upon execution of this agreement, same being ten percent (10 %) of the estimated cost incurred by the State in reviewing the architectural documentation and other incidental costs. D. No additional funding will be required by the City at any time during the development of the project unless City and State have agreed to such additional funding, in writing, in advance of the expenditure. 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 costs and any funds due the City will be promptly returned. 12 E. If the cost of the Project, based on the latest engineering estimate or contractor's bids received, would require the City to pay additional amounts over and above the two hundred fifty-three thousand, seven hundred twenty dollars and eighty cents ($253,720.80) local share amount, and the City, at its discretion, determines that no additional City funds are available for the Project, then the City and the State will negotiate mutually acceptable project changes to reduce the project cost. If no such changes can be identified or agreed upon, the Project can be terminated in accordance with TERMINATION, Section 16. F. In order to utilize the federal funding authorized for this project, the construction must be let to contract before September 1, 1999. G. The City shall comply with the cost principles established in OMB circular A-87, "Cost Principles for State and Local Governments." H. The City shall make payments to the consultants and the contractors and submit records of payment to the State using the State's reimbursement procedures to obtain reimbursement of the federal funding percentage. I. The City shall submit to the State all documentation relating to the actual costs incurred associated with the engineering, development, construction, and construction management of the Project. Reasonable costs incurred by the City after the City has obtained written authorization from the State will be eligible for reimbursement at an amount not to exceed the applicable federal reimbursement percentage of the actual costs. The State shall review all records and approve items subject to reimbursement before the State will issue the reimbursement to the City. 13 J. The State shall submit the approved reimbursements by check or warrant made payable to "City of Paris." The State will make payments to the City within thirty (30) days from receipt of the request for reimbursement, provided the request for reimbursement is properly prepared and documented. The State will withhold five percent (5 %) retainage from each reimbursement payment made to the City. K. The City will provide written notification to the State upon completion of the project. The State will perform an audit of costs associated with the Project, and funds due to the City, including funds withheld in retainage, will be promptly returned. L. No costs incurred by the City or the State prior to the final execution of this agreement are reimbursable. 13. COMPLETION OF PROJECT Upon completion of the Project, the State will issue to the City a "Notification of Final Completion," acknowledging that the Project has been completed and all financial commitments have been performed. 14. MAINTENANCE Upon completion of the project, the City will assume all responsibility for maintenance and operation costs of the completed project. 15. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by or for the City shall remain the property of the City. All documents prepared by or for the State shall remain the property of the State. All data prepared under this agreement shall be made available 14 to the State without restriction or limitation on their further use. 16. TERMINA TION 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. 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. 17. 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, 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 of liabilities which might be imposed on the State as the result of such activities by the City, its officers, employees, agents, or contractors. 15 18. 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. 19. 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. 20. 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 I 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 by either party and shall be cumulative. 21. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or US mail, postage prepaid, addressed to such party at the following respective addresses: State: Thomas E. Ellis, P.E., District Engineer Texas Department of Transportation 1365 N. Main Street Paris, Texas 75460 16 City: Michael E. Malone, City Manager City of Paris P. O. Box 9037 Paris, Texas 75461-9037 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. 22. 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. 23. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Minority Business Enterprise Program Requirements" established in 49 CFR Part 23, Subpart D. 24. INSPECTION OF BOOKS AND RECORDS The State will, for purposes 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 documentation relating to costs incurred under this agreement and shall make such materials available to the State, Federal Highway Administration (FHW A), and their duly authorized representatives for review and inspection at its office during the contract period and for a minimum of four (4) years form the date of completion of work defined under this contract or until any audit, issue, or impending litigation is resolved. 17 Additionally, the State, FHW A, 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, examination, excerpts, and transcriptions. 25. 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 A-128. 26. 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. 27. COMPLIANCE WITH LAWS The City shall comply with all Federal, State, and local laws statues, ordinances, rules, and regulations, and the orders and decrees of any court, administrative bodies, or tribunals in any matter affecting the performance of the agreement. 28. 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 Regulation (41 CFR 60). 29. DEBARMENT CERTIFICATIONS The City is prohibited from making any award at any time to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance 18 programs under Executive Order 12549, Debarment and Suspension. The City shall require any party seeking to subcontract or act under purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulations, 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. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in triplicate counterparts. CITY OF PARIS, PARIS, TEXAS By: Michael E. Malone, City Manager Date: ATTEST: Mattie Cunningham, City Clerk STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Minute Order No. 100002 and Stand Alone Manual Notice 96- 3, 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: Lawrence J. Zatopek Director, General Services Division Date: 19 OJ ~ o C.l (I) .... ~ c: ~o ~.: ~ ~ ~.... ~ e ~O c:z ~ 00< .~~ ~~ ~CI.l ~,.. W' l""I ~ = ~ e .d C.l ! ~ < c: ~ - ~ ~ .... CI.l 'tS ~ (I) o o s.. ~ \0 0\ 0\ ...-4 vi 4) N ~ _ 0 . i: C/} ~ ~ 4) C ..... "'d~ ~f o 4) ~~ 00 ~ ~ ~~ .d b.Q ~ ~ b.Q ~ ~ ~ o Z ~ ~ ~ ~ ~ ,-I ,-I ,. ~ o " ....,., .... . '~ , .(1) .~. .~', , \ '> .,' oN' .' iJ;.~';'. 0.." .~ 'b.Q_IoJ" " I.l(J b.Q' .5 ~ c: t}!?n] .,' .... l,jI,Ja xC: " rT' 4)' ~ CIl ~ ", , ell'" ~ ':j:" f't, ).': "' ~:'/l,., Z8sn ~U!1 ^~~dOld p~SOdOJd "t'>'rht?\\ A , ~ v ...J ...J c.. . Vl b u.J r- :E ~ <( u.J Z o ~ G3 ~ CJ U .~ ~ II ~ ~ ~ ;: ~ .~ ~ ," t:) z ~ Cl d z XI. ITEMIZED BUDGET. Li. elow a schedule of itemized activitie. Jd the cost of each activity. Provide as much detail as possible. BUDGET ESTIMATE DESCRIPTION OF WORK $ 158,010.00 DIVISION 1 GENERAL REQUIREMENTS SCHEDULES, REPORTS, & PAYMENTS, SHOP DRAWINGS, SUBMITIALS, TESTING, gUALl1Y CONTROL SERVICES, TEMPORARY FACILITIES PROJECT COMPLETION, HAZARDOUS MATERIALS MITIGATION DIVISION 2 SITEWORK ASPHALTIC PAVING, SIDEWALKS, SITE DRAINAGE, SEWAGE PIPING LANDSCAPING & DEMOLmON DIVISION 3 CONCRETE CONCRETE. SELF-LEVELING UNDERLAYMENTS DIVISION 4 MASONRY REPAIR AND REPLICATION, CLEANING DIVISION 5 METALS STRUCTURAL STEEL, METAL FRAMING & FABRICATIONS, ORNAMENTAL METALS DIVISION 6 WOOD & PLASTICS ROUGH CARPENTRY, FINISH CARPENTRY DIVISION 7 THERMAL Be MOISTURE BITUMINOUS MEMBRANE WATERPROOFING, INSULATION, ROOFING, FlASHING, JOINT SEALERS DIVISION 8 DOORS Be WINDOWS WOOD DOORS, WOOD WINDOWS, DOOR HARDWARE, WINDOW HARDWARE. GlAZING DIVISION 9 FINISHES PLASTER. GYPSUM BOARD, TILE, WOOD FLOORING, RESILIENT FLOORING PAINTING, WALL COVERINGS, WOOD REFURBISHMENT DIVISION 10 SPECIALTIES TOILET COMPAlUMENTS & ACCESSORIES DIVISION 11 EQUIPMENT Be FURNISIUNGS NOT USED DIVISION 14 CONVEYING SYSTEMS . HYDRAULIC ELEVATOR & FIRE ESCAPES DIVI~ONI5MEC~CAL MECHANICAL, INSULATION, FIRE PROTECTION, PLUMBING, HVAC, TESTING DIVISION 16 ELECTRICAL ELECTRICAL MATERIALS & METIiODS, SERVICE, LIGHTING, LlGI-ITING CONTROLS TOTAL ESTIMATED CONSTRUCTION COST DESIGN, ENGINEERING, CONTINGENCIES, TXDOT ADMINISTRATIVE EXPENSE AND OTHER COSTS ASSOCIATED WITH THE DEVELOPMENT AND IMPLEMENTATION TOTAL ESTIMATED CONSTRUCTION COST Be ADMINISTRATION $ 46.161.00 $ 569.25 $ 15,611.25 $ 0.00 $ 103,212.50 $ 107,870.00 $ 50,181.40 $ 172,103.25 $ 8,337.50 $ 0.00 $ 0.00 $ 153,122.50 $ 112,245.75 $ 927,424.40 J J $ 185,484.88 v' $1,112,909.28 / l' /7 I J 1IJw.- \~~ Statewide Transportation Enhancement Program Page B7 Ex"IlIblT -A- 2____ - - ....-- ..._,- .'. ",~' .". "', .., l' J{. PROJECT SCHEDULE AND BUDGET. Costs incurred in completing the nomination form and/or iri de"elopment of the project prior to selection by the Texas Transportation,<;ommission and execution of federal 8uthorization are not reimbursable. List a schedule of your expenses and/or itemized budget. An inaccurate estimate may result in an unexpected increase in the amount of funding required for the local match. If construction will be required, briefly discuss how it will be accomplished and include those cost estimates. Estimated total project cost must include 20% for project administration, design, engineering and contingencies. TXOOT administrative costs include accounting charges, environmental certification, processing expenses, review time, letting costs, etc. Please note that any unused funds may be used for other eligible project costs. The 20% figure is to be used as a guide; higher or lower costs may be justified on a case-by-case basis. Total Itemized Activities (See Page B7) 1.$ 927,424.40 I Design engineering, contingencies, TXDOT administrative expenses and other cost associated with development and implementation (20 % of line 1) U 185.484.88 v Total Project Cost (Line 1 + Line 2) 3. $ 1,112,909.28 v This ~pacefor TXDOT use only [MI..~ o.r /..(~ ~ (3 ~ / 5 ~ fe/I) ~ "if,e cdj'.,JAI" -to >t~ff'fr i_ 'SfJ)11tV~ iJ~~ , I) z-b~, 604 a/tl\1-W'.vd.l.\ 1'C> .jtc,t f<id ~<: (oS f ob (M<1- T-::f:-.Q frojd- r .:-;.1- ,"-, 0 ....r j Federal Funds Required (80% of Line 3) . Local Match (20% of Line 3) :: Total Project Cost g I,Df4, ~54 C RJ~HM 1,'MaMr(' L~; I,OI~,g~ I$~ n,iZS'?J'lrof.lk, [,'5" J, 1W. \ $ ~2.581.88"" ti - IS" 5, b q)' 14.lLf/ 1/ 1) 2 6rz, bO 4 $-+.ffl;9e9;28 1J "1 Ii!, 0 zs- C'lJS tI- ~ Total Project Time: The project is expected to take approximately 18 month to complete from the date of the ISTEA award. Pre-Design Organization Architecture & Engineering Contractor Selection Construction Completion 1 Month 5 Months 2 Months 9 Months 1 Month ,. Statewide Transportation Enhancement Program Page B6 E~H I ~rr -It-:::' ,. j' Paris Santa Fe-Frisco Depot STEA Nomination Attachment 2 vertification of Funding & Suppor RESOLUTION NO. 96-037 . WHEREAS, federal funds from the Statewide Transportation Enhancement Program, provIded for by the) ntermodal Surface Transportation Efficiency Act of 1991, are available for facilities for pedestrian and bicycles, the acquisition of scenic easements and scenic or historic sites, historic preservation. rehabilitation and operation of historic transportation facilities; and, WHEREAS, the Texas Department of Transportation has the responsibility for selecting and funding eligible projects within the state, and $50 million worth of projects are expected to be funded in fiscal year) 996; and, WHEREAS, the Kiamichi Railroad has agreed to the rehabilitation and donation of the Paris Santa Fe - Frisco Railroad Depot to the City of Paris; and, WHEREAS, the Paris Santa Fe - Frisco Railroad Depot will be used as a branch of Paris' visitor information center with space dedicated to the building's and the railroad's history, a waiting area for an existing excursion train, as a rail-head or tie-in with the Chaparral Rails to Trails, and as a site for quaint public and private events; and, WHEREAS, the benefits of rehabilitating the Paris Santa Fe - Frisco Railroad Depot include this rehabilitation project taking place in a transitional neighborhood, returning a historically public transportation facility to public use, and, through the visibility of the building's prominent tower and its proximity to U.S. Highway 82, visitors will easily locate the visitor information center; and, WHEREAS, the City of Paris will place the building and grounds toward the twenty percent (20 %) necessary match; and, WHEREAS, a community fund raiser will be held to give residents and potential users the opportunity to participate in the building's rehabilitation; and, WHEREAS, the maintenance of the building will be provided through the depot's operating budget which will be subsidized by local hotel-motel occupancy tax collections in addition to the formation of a .Friends. group to develop a maintenance endowment managed by the Chamber of Commerce of Lamar County, Inc. through the Visitors and Convention Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That the City Council authorizes, as nominating entity, the application for the Statewide Transportation Enhancement Program entitled, .Paris Santa Fe - Frisco Railroad Depot", and requests funding for the same. 2. That the City Council recommends the Paris Santa Fe - Frisco Railroad Depot project be selected for funding through the Statewide Transportation Enhancement Program, and commits to the project's development, implementation, construction. maintenance, management and financing. 3. That Michael E. Malone, City Manager, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Texas Department of Transportation Statewide Transportation Enhancement Program Project Nomination Form in the form attached hereto as Exhibit A. 4. That the City of Paris will receive the donation of the Paris Santa Fe - Frisco Railroad Depot and the surrounding grounds, and place the same towards the twenty percent (20 %) match necessary for the requested enhancement funds upon notification of the award of said funds. t*, ((6lT 13 ( I PASSED AND ADOPTED this 29th day of April, A TIEST: Mattie Cunningham. City Clerk APPROVED :.~ FORM: , 'I - UH Ie:,\r B'2 /' ,~ County District VARIOUS .J eTEXASTRANSPORTATION COMMl '\..,; --' , MINUTE ORDER Page ~ ofl WHEREAS. this action is consistent with the 1995-1999 Strategic Plan strategy to plan. design. and manage highway projects: NOW, THEREFORE. IT IS ORDERED that, based upon the rationale for selection as shO\\n in Exhibit B. the Executive Director is hereby authorized to proceed in the most feasible and economical manner with any necessary agreements required for the development and construction of the projects shown in Exhibit A. with programming to be in Category 4B of the 1997 Unified Transportation Program at the amounts shown in Exhibit A; and IT IS. HOWEVER. UNDERSTOOD THAT: 1. Only the items and their associated cost determined eligible for Statewide Transportation Enhancement Program funds as identified by the ISTEA and Title. 43. TAC. Sections 11.200 through 11.205. and ~fied by project dev~~ will be eligible for the Statewide Transportation Enhancement Program. 2. Prior to authorizing any funds or the performance of any work for projects selected. all appropriate local agreements identifying responsibilities and escrow amounts must be executed between the department and the appropriate local entity. 3. Unless prior approval is obtained by the executive director or his designee the department will administer the development. contracting. construction. and management of projects approved by this action. Administration shall be in accordance with applicable contracting statutes and Title 43. T AC. Section 11.205. Approved projects will be developed to encourage public input and involvement consistent with the department's established public involvement procedures. 4. All administr'Jtion. development. engineering and contingencies. design. and construction costs incurred by the department will be charged to each respcctl\'c project. , t.. -1:'. ,.,. ,-1'-- ~, J'~' . For each project shown in Exhibit A and verified as eligible by project // development. the federal funds as shown in Exhibit A must be locally matched by a minimum of twenty percent (20%). . .,...., 5. 6. Prior to authorizing any funds or the perfonnance of any work for the projects selected by the commission. the projects must be added to the Transportation Improvement Plan by the appropriate Metropolitan Planning Organizations and added to the State Trnnsportation Improvement Plan by the department. 7. If the project sponsor or nominator withdraws support for an approved project. the federal funds committed by the commission for that project will revert back to the program. tXf-n8\T C\ r // ~ County District ~ Submitted by: ,,~ '~EXAS TRANSPORTATION COM1\U'''' ~ MINUTE ORDER Paee 3 of~ .. - 4 8. Acquisition by the department of any land or interest in lanel or of property or property rights of any kind or character required for development of a transportation enhancement project by any entity shall be subject to the authority and limitations of Texas Transportation Code, Chapter 203, Subchapter P, Chapter 391. and C~apter 392, consistent with the department's prescribed acquisition policies and procedures. Projects which will require the acquisition of property through the exercise of eminent domain are not eligible for participation in this program. . 9. Whether proposed as an independent project or as an element of a larger transportation projec~ the candidate project must be limited to a logical unit of work and must be capable of being implemented and completed within a reasonable time. as determined by the department in consultation with the nominating entity. In the absence of infonnation suggesting that a shorter or longer periqd is appropriate. three years or less will be presumed to be a reasonable time. The executive director may eliminate a project from the Program upon a determination that federal funding may be lost due to the project not being " implemented and completed within a reasonable amount of time. Reviewed by: Director. Design Division Deputy Executive Director for Transpor1ation Planning and Development Recormnendcd hy: Executive Director Minute Number I ()('9J9 Date Passed AUG 2896 tXM(5\T C 2. 28-Aug-96 Ent 'tMent Sectiou Nu'mber . Project Name Federal Funds , Approved Lubbock LBB.HAJ04 Restoration of 1909 Santa Fe Depot. Hale Center S 84.099.01.1 LBB.LUJOI The Slaton Harvey House S999.Si4.00 LBB.LUJ05 Lubbock Bicycle Project S 166.198.40 LBB.SWJ03 Santa Fe Depot Restoration. Tulia $120.000.00 Lubbock District Total Sl,370J 71"SO Odessa ODA.EC.303 Memorial Gardens Hike & Bike Trail $495.427.00 Odessa District Total $495.427.00 ,Ii.' '..,": " .,'; . .: ' .#' ", ", j,.1- Paris PAR.LRJ03 Chaparral Rail Trail- Lamar County Segment ~p" ;;:-, I ,., .. ,. ..., I. . '," $477.024.00 PAR.LRJ05 Paris Santa Fe Frisco Railroad Depot Restorariorr . I ",;", .l~,. ~. !,'/t:.t",,:' ~$I.OI4.883.iO I ,~~ I"; ,:' .... 1(1-.. .. PAR.MPJ04 Chaparral Rail Trail- Farmer\'iIIe to Laconia Segment 'I~" ',. .. $1.287.98710 Paris District Total S2,779~94..w c~. _' ' ~\..\; Pharr PHR.CFJ02 Island Gateway Beach to Bay Alternative Transportation Loop $652.224.00 PHR.CFJIO Downtown Brownsville and International Blvd. Streetscape Improvements $612.89i.OO Pharr District Total SI,165.121.00 San Antonio SA T.FR.314 Sidewalk and Bike Trail along State Highway 86 and KI - Frio Co. S 92.654.60 " S 141.451.20 SA T.GU.307 Seguin Bike Route San Antonio District Total $234.105.80 ~\~~dC3 28-Aug-96 'II, /J ~\ 'V; . 'vf ODESSA Ii ODA.EC.303 Memorial Gardens Hike & Bike Trail When completed, the hike and bike trail will encircle the playa at Memorial Park and will provide a continuous link through neighborhoods. malls, schools, business and recreation sites. The playa serves as a natural drainage' for H wy 191 and acts as a natural holding area for storm water runoff. PARIS P AR.LR.303 Chaparr.al Rail Trail- Lamar Count)' Segment When completed, the trail will connect the City of Paris with Lamar County by providing a safer, scenic, alternative transportation route to towns, schools, businesses and homes, while preserving several significant historic bridges. P AR.LR.30S Paris Santa Fe Frisco Railroad Depot Restoration When completed, the,;restoration of the historic Pari~~gta Fe Frisco Depo will provide. accomodations foreulti-modal .a~engers and transport~Servl or the community of Paris as well as the region an "state; - -. . P AR.MP .304 Chaparral Rail Trail- Farmerville to Laconia Segment When completed, the trail will connect the towns of Farm ersv ill e, Wolfe City, Celeste, Ladonia, and Merit by providing an alternative transportation route while preserving a significant scenic and historic corridor. PHARR PHR.CF .302 Island Gateway Beach to Bay Alternative Transportation Loop When completed, the proposed improvements will connect with an existing trail and will provide access to hotels, shopping centers, and improve beach access. PHR.CFJIO Downtown BrownsvilJe and International Blvd. Streetscape Improvements When completed, the streetscape improvements will provide better access for pedestrians in specific areas of downtown Brownsville that are known to be high pedestrian volwne generators. I; , '" Page: 16 ~M\t3\T C4