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RESO 1993-13 - FM 1791 AgreementRESOLUTION NO. 93 -13 RESOLUTION ACCEPTING PROVISIONS OF COUNTY /CITY FM AGREEMENT TEE STATE OF TEXAS Huntsville ,Texas COUNTY OF WALKER October 5 , 19 93 MOTION was made by Harold Norton and seconded by Dan Davis that the City of Huntsville, Texas accept the provisions contained in Agreement (Surface Transportation Program, Urban Mobility /Rehabilitation for the improvement by the Texas Department of Transporation of the project described below: FM 1791 from IH 45 West Frontage Road to SH 30 VOTE on the motion was as follows: UNANIMOUSLY FOR: Jim Carter, Dan Davis, Mayor Bill Hodges, Ila Gaines, Harold Norton, Dave Luning and JoAnn Matthews, William Green, Ron Lange. WHEREUPON the motion was declared THE STATE OF TEXAS COUNTY OF WALKER Passed I hereby certify that the foregoing is a true and correct copy of the order passed by the City of Huntsville City Council on October 5 (Seal) , 1993 . ity Secretary or County Clerk • o. STATE OF TEXAS COUNTY OF 'WALKER " Walker County csJ: 1706- A G R E E M E N T (SURFACE TRANSPORTATION PROGRAM URBAN MOBILITY /REHABILITATION) THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", the:. County of Walker , Texas, acting by and through its duly authorized officers, hereinafter called the "County" and the City of Huntsville, Texan, acting by and through it duly authorized officers, hereinafter called the "City ".' W I T N E S S E T H WHEREAS, the State is empowered under existing law to construct and operate the State Highway System for public use and benefit; and WHEREAS, the State, the County and the City desire that County Road (CR) New Location and New Location , a City facility, be designated a "Farm -to- Market Road" and placed on the State Highway System from the limits of the IH 4S West Frontage Road and to the limits of SH 30 as shown in "Exhibit A ", to be hereinafter identified as the "Project "; and WHEREAS, the County and the City have offered to participate in the development and construction. of the Project by providing the necessary right -of -way and utility adjystments; and WHEREAS, on .the 4thday of October 1993, the Walker County Commissioners Court passed Resolution No. , attached hereto and identified as "Exhibit B ", authorizing the County's participation in the development of the Project; and FM- COUNTY /CITY Page 1 of 9 WHEREAS, on the 5th day of October 1993, the Huntsville City Council passed Resolution No. 93 -13 , attached hereto and identified as "Exhibit C ", authorizing the City's participation in the development of the Project; and WHEREAS, the State will prepare the construction plans, fund and let the construction contract, provide the construction inspection, and assume the responsibility for the maintenance of the completed facility; and WHEREAS, the State and the County are statutorily authorized under Article 6673c, V.T.C.S. to enter into this agreement for the purposes defined herein; and WHEREAS, the State and the City are statutorily authorized under Article 6673b, V.T.C.S. to enter into this agreement for the purposes defined herein;_and A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of theimutual 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 final completion of the Project or unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT A. The State, the County and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. B. The Project will be designated a part of the State Highway System as a FARM TO MARKET ROAD; however any existing city street or county road 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 County and the City will continue to provide maintenance for all county and city roads within the limits of the Project until the State's award of the construction contract. FM- COUNTY /CITY .Page 2 of 9 3. ACQUISITION OF RIGHT -OF -WAY The County and the City shall assume all costs and perform all necessary requirements to provide to the State title to the desired right -of -way required for the construction of the Project, which title shall be acceptable to the State. The County and the City shall provide all right -of -way to the State free and clear of all improvements and /or encroachments. The County and the City will comply with and assume the costs for compliance with all the requirements of 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., except those provisions relating to incidental expenses incurred by the property owners in conveying the right -of -way to the State. Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. The County and the City shall secure and provide to the State easements over any other land in addition to normal right -of -way as may be indicated on the approved right -df -way map. The State will provide the County and the City standard conveyance forms used by the State in acquiring highway right -of -way and such forms will be used by the County and the City in conveying title to the State. Title to the acquired right -of -way shall be secured in.the name of the State or should be conveyed to the State by the County or the City if previously acquired in the name of the County or the City. Any deletions, additions or modifications of the forms must be approved in writing by the State. The County and the City will be responsible for any additional right -of -way required by the State for the completion of the Project. 4. RIGHT -OF -WAY DESCRIPTION. The State shall assume all costs of preparing right -of -way maps, property descriptions and other data as needed to properly describe the right -of -way which the County and the City is to acquire and provide to the State. The right -of -way maps and property descriptions shall be submitted to the County and the City for use in acquiring the necessary right -of -way. Tracings of the right -of -way maps shall be retained by the State for its permanent records. FM- COUNTY /CITY Page 3 of 9 5. RELOCATION ASSISTANCE The State shall assume all costs of providing relocation assistance as may be determined to be eligible under the Relocation Assistance Program. The State will comply with Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq. 6. UTILITY ADJUSTMENTS/RELOCATIONS If the required right-of-way encroaches upon existing utilities located on the utility companies right-of-way and the proposed highway construction requires the adjustment, removal or relocation of such utility facilities, the State will establish the necessary utility work and notify the County and the City_of this necessity. The County and 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 applicable State law, regulations, policies and procedures. In the event' additional Utilities are required to be adjueted, removed or relocated during the construction of the Project, the County and the City will be responsible for all costs associated with the additional utility work. 7. ENVIRONMENTAL MITIGATION A. The County and the.:'.City will be responsible for the remediation of any underground storage tanks or hazardous materials sites that are identified on the property to be acquired as right-of-way for the proposed FM project. The County and the City will assume all costs associated with the environmental remediation. B. The State will be responsible for mitigation of project impacte that result from any agreements, permits and/or coordination that are necessary to complete the environmental and public involvement phases of the Project. The State will assume all costs associated with these requirements. 8. RESPONSIBILITIES OF THE STATE A. The State shall assume all costs in preparing or causing to be prepared any necessary environmental documentation and conducting the appropriate public involvement, if necessary, as well as, preparing or causing to be prepared the FM-COUNTY/CITY .Page 4 of 9 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 Standard Specifications For Construction Of Highways, Streets And Bridges or its currently approved revisions. B. 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. C. 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. D. Upon completion of the Project, the State will issue to the County and the City a "Notification of Completion ", acknowledging that the Project has been completed. E. Upon completion of the Project, the State will assume responsibility for maintenance of the completed highway facilities. 9. CONTROL AND OWNERSHIP=OF THE PROJECT The development, construction and maintenance of the Project will be an integral part of the State Highway System and thus under the ownership, control and jurisdiction of the State. The State assumes full and complete control as to the construction and operation of the Project. The State does not purport to convey or assign any interest or right of ownership of the completed highway facility to the County or the City. The Project may be modified, relocated, closed and /or removed at the State's sole discretion. The State will not be held responsible to the County and /or the City for any reimbursement of funds in the event the Project is modified, relocated, closed and /or removed. FM- COUNTY /CITY Page 5 of 9 10. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the County and /or the City or furnished to the County and /or the City by the State shall be delivered to and become 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. 11. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of all parties. (2) By the State upon determination that construction of the Project is not feasible or is not in the best interest of the State and the traveling public. (3) By parties, upon the failure of the other parties 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, the County'and the City under this agreement. If the potential termination of this agreement is due to the failure of the County and /or the City to fulfill its contractual obligations as set forth herein, the State will notify the County and /or the City that possible breach of contract has occurred. The County and /or City should make every effort to remedy the breach as outlined b? the State within a period mutually agreed upon by all parties. 12. INDEMNIFICATION To the extent permitted by law, the County and the City shall indemnify and save harmless the &tate, its officers, employees, agents and contractors from all claims and liabilities due to the activities of the County and /or the City and its officers, employees, agents and contractors performed under this agreement and which result from an error, omission or negligent acts of the County and /or the City and its officers, employees, agents or contractors. Additionally, to the extent permitted by law, the County and 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 FM- COUNTY /CITY Page 6 of 9 litigation or otherwise resisting said claim, or liabilities which might be imposed on the State as the result of such activities by the County and /or the City and its officers, employees, agents or contractors. 13. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by the County, the City and the State. 14. 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. 15. NOTICES All notices 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: Mr, Lonny G, Traweek, P.E. Bryan District Engineer Texas Department of Transportation P...O. Box 3249 Bryan, Texas 77805 County: Honorable Frank J. Robinson County Judge, Walker County 1100 University Huntsville, Texas 77340 111 city: Honorable William H. Hodges 1212 Avenue M Huntsville, Texas 77340 FM- COUNTY /CITY Page 7 of 9 and shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. The parties hereto may change the above address by sending written notice of such change to the others in the manner provided herein. 16. 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. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in triplicate counterparts. W 'ER T COUNTY OF rLet.J. rank J. Robi,:on , TEXAS Typed Name Walker County Judge Title October 4, 1993 ATTEST By: Date County Clerk THE CITY OF HUNTSVILLE , TEXAS W. H. MIDGES Mayor Typed Name Title October S, 1993 ATTEST: FM- COUNTY /CITY City Secretary Page 8 of 9 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 Circular 15 -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: Typed Name Title Date FM- COUNTY /CITY Page 9 of 9 G Hypo, ColioWy HUNTSVILLE MUMCIP A L AIRPOR T BEGIN PROJECT IH 45 WEST FRONTAGE ROAD' 1: PRELIMINARY AL FM 1791 WALKER COUNTY \\\ ACN , �L rs ALIGNMENT Ell AIM c Y (19a, o�13 ME leirMitilli MERE sI®m HUNTSVILLE al � ®� I ■ Pop 27.925 rl .-^-,a1,4,74.• ::F-T.:. .....--..-..:-EE:E, PENT elana qaii:e.-.,:m., ONIAIN .1.-: 247 1 1 C. END PROJECT SH 30 8 ft so (I)91( 1 7 Sown. xu.c Ik MRCS / EXUIBIT "A"