Loading...
HomeMy WebLinkAboutCS Bike Loop (2)J BIKEWAY MASTER PLAN 1110---11 C~c.. / /s.s "'<-If 2- 11'1 I -/ 2-1 L/:,v..Ac-. ( /r; >u ~ iJ I?.--? /1 ttt..-G/3 ' l~c.Lli'-'f ( /Hi)..e :l:/ 32-. B M P EVOLUTION • ~~~~~a ~ a Council Issue • F~cus Group Developed . • Bike"Way Ordinance to P&Z • Bike Survey Conducted • Bike"Way Ordinance Adopted • Draft BMP Developed • BMP Focus Group Developed • BMP To P&z· wltp_,u_ ,'!-uJ~ ~~J i'tt ~./-~ I f 11 ./ 12-~ 1; • • • • BMP CONSIDERATIONS ~rut;~!~~~ ~i~~~~l Plans ~~~~<;.~!,,,29.P~~aints -;~r:~\.w ~')_~ llik~~;; Desi~ Stktlards &'l..( /~r P'll'-r P"rL~ Thoroughfare Plan ~ ~~ ~·fl!- t,,a-r:-J.AA~ bf • ~,,Ehpols, Parks, Housing, #;;:;_ c,,...,~.J • Typ~S~ :B1cy~ ists -p,._~1,J ~"" f:&~ oo/ cl. ,'/).e-1 /J.fc.t PJ,~ St~?./r C--.-. ,,.._f-p,.,_. T~ ~ ... forr 1/-fi'd/ fVl)f>'7. ~,JJ, • Other Local Entities ~ TxtJ(){1 Cs/ti)) hy~ 1 {~ ~~ $,..'r'"k c .. .L.J,,... . · BMP Focus Group Revisions $/JIWJ ~ ! Nu.h-1 C ,)~ 1 ~ rl_ h~1 G~ ~~/ '~ t< ~s1r-.t_/ tt,v 'l.-j,,'b.,_,"f j,,_,f N~ '1.ol k ,( (,._L ~I' ot.._._/ wd;-R_ ar.P ""/ µ.,v ./, ok~ "-CC~ l1 7cf!t s~ , r·-J I i \ L ._,_ \ ,- I L ·-·-·-·-·-·~ 1--~~-~ .-v· ~----1 I i \; '-. I \. ..... ) i ,-1 ~CITY OF COLLE GE STATION BIKEWAY MASTER PLAN FOCUS GROUP REVISIONS 0 I 1 SCALE 5,000 I (FEET) Leg end: 10,000 111 -Bik e Ro ute Added -Bike Lane Added -Bi ke wa y Needed* W Park • School * Bikeway Needed roadways are those that should be designated as a bikewoy but are not due to a lock of street width and/or right-of-way to safely accommodate bicyclists. Map prepared by Planning Division -Sept. 1993 BMP COMMUNITY FEEDBACK • BIKEWAY SURVEY, 70% IN FAVOR • GREAT DEAL OF INTEREST °K>4--l61'J.yJ .. {_J/_,"w-. - • ENDORSED BY BIKE fk/·j, hw tJ~.~ ADVOCATES, FOCUS GROUP ~t-OPPOS1TiO~ tcl i>ARKiNG REMOVAL , <;:~~h~-<-~ 1's a:_ ~;kc ('-,..~ c/Rs'.JIA.4../, )Ni / 1/.-,J_g._,.,_ n.-r co1..r r.e.., f a-v-L ~-e 1 , ·/_ "'<ea-t r / <A.r~r'J ,~ it,. I-&A._ tl N>-1. BMP IN PERSPECTIVE -a....._ bl1.P I j '~~'"( • BENEFITS ENTIRE COMMUNITY • MOVE TOW ARD "BICYCLE FRIENDLY" COMMUNITY -} ~'<-c.'/ lr~ee, • FOSTERS POSITIVE 1 Tl i .,,,.__ j ;£,~ il"u, COMMUNITY IMAGE .,e._/. JCM. c~ 1-1~1-1~ ' .t;>v;'4 ~ I&.-C, ) , fo tc rv<--,~,f "-_J .- • ENHANCES PROSPECTS FOR ECONOMIC DEVELOPMENT :.·: : ... : ·. ~ ·. ···:· ·~~~(: ... : :···· ·.. ~ -4 I · ··pro1e..ct Noniipation for the Statewide Transportation Enhancement Program . ·.·.. ; .... , . . EXECUTIVE SUMMARY ". • I AGENDA ITEM COVER SHEET ITEM SUBMITTED BY: Ed Hard, Transportation Planner FOR COUNCIL MEETING OF : ITEM : Presentation and discussion of the College Station Bikeway Master Plan (BMP). ITEM SUMMARY : Bikeways have been identified as a Council issue for the last couple of years. Staff previously addressed this issue with the development of the Bikeway Ordinance in August of 1992. Upon completion of the ordinance, our next step was to develop a BMP. The BMP was developed over a period of months using established bikeway planning and design principles. The majority of proposed bikeways on the plan were ridden and field verified by a former member of staff who is on the A&M Cycling Team. Some of the areas considered in developing the plan include existing biking patterns; on-street parking; the location of schools, parks, and multifamily housing; traffic volumes/conditions; and street pavement and right-of-way widths. A bikeway focus group was developed to review and discuss the BMP. It included a representative from the City of Bryan, Texas A&M University, the Texas Department of Transportation, the Texas Bicycle Coalition, the College Station Independent School District, the CSISD Parent Teacher Organization, the Texas A&M Cycling Team, and the local traffic engineering community. The focus group revised and added numerous bikeways to the plan. Over the past few months, the development the BMP has generated a good deal of public interest, input, and support. The Texas Bicycle Coalition, a bicycle advocacy group based in Austin, is in support of the plan and has been promoting it throughout the community. STAFF RECOMMENDATIONS : The P&Z unanimously approved the BMP but voiced concern over the amount and sources of money to implement the plan. Staff also recommends approval. . FINANCIAL SUMMARY : It is important for the City to adopt a Bikeway Master Plan in order for us to qualify for federal money available for building bikeways. In a subsequent item, staff will request Council consideration on two grant applications for federal money to fund two bikeway projects in College Station. CITY ATTORNEY RECOMMENDATIONS: NA COUNCIL ACTION DESIRED : Approval of the Bikeway Master Plan. SUPPORTING MATERIAL: 1. 2. 3. 4. Bikeway Master Plan 5. Memorandum to the P&Z 6. P&Z Meeting Minutes 7. Memorandum to the Focus Group 8. Focus Group Meeting Minutes Focus Group Revisions to the BMP Local Flyer in Support of the BMP Paid Advertisement in Support of the BMP. \ W'° CITY OF COLLEGE STATION BIKEW A Y MASTER PLAN SCALE 5,000 10,000 (FEET) Legend: --Bike Path -Bike Route -Bike Lane -Bikeway Needed Bl Park .l. School Mop preporGd by Planning Division -Rev. Oet. 1993 ..... f CITY OF COi .I .EGE STATION Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409)764-3500 MEMORANDUM TO: FROM: DATE: RE: Planning and Zoning Commission Ed Hard, Transportation Plann~ September B, 1993 Blkeway Master Plan Attached find a copy of the draft Bikeway Master Plan. Once adopted by Council, it will serve as a guideline for the development of blkeways in College Station. Staff requests your review, comment and recommendation on this plan prior to it going to Council for their consideration. Bikeways have been identified as a Council issue for the past couple of years. Staff first addressed this issue last August by developing a blkeway ordinance. It requires that bikeways be developed in accordance with a bikeway master plan and establishes blkeway design standards. The blkeway ordinance was unanimously supported by the P&Z and was subsequently adopted by Council. However, in order for it to be of value, a blkeway master plan is needed. The draft bikeway master plan was developed over a period of the past few months. Staff was fortunate to have a student intem who was an avid cyclist and a member of the Texas A&M Cycling Team play a key role in putting it together. The draft plan identifies the general locations of bike rOutes, lanes, and paths. Some of the areas considered in developing the plan include existing biking patterns; on-street parking; the location of schools, parks, and multifamily housing; traffic volumes/conditions; and, street pavement and right-of-way widths. A bikeway focus group was formed to review and discuss the bikeway plan. The focus group included a representative from the City of Bryan, Texas A&M University, the Texas Department of Transportation, the Texas Bicycle Coalition, the College Station Independent School District, the CSISD Parent Teacher Organization, the Texas A&M Cycling Team, and the local traffic engineering community. The group met twice and suggested adding numerous bikeways to the plan. Copies of the meeting minutes and their suggested revisions are attached. It is important that the City adopt a bikeway master plan in the near future in order for us to qualify for federal money available for building bikeways. Staff is currently working on two grant applications for bikeway projects in College Station. Under a recent federal transportation bill, millions of dollars have been set aside for transportation "enhancement" activities such as bikeways. In order for a City to be eligible for this money, the proposed project must be part of the community's bikeway master plan. Staff will provide details on our proposed bikeway enhancement projects at the meeting. cc: Jim Callaway, Asst. Director of Economic and Development Services Jane Kee, Oty Planner Home of Texas A&M University AGENDA ITEM NO. 4: Consideration of a final plat of the College Station Business Center Phase One generally located along State Highway 6 adjacent to the Pebble Creek Subdivision. (93-229) City Engineer Pullen presented the staff report and recommended approval of the final plat as revised after the ?resubmission Conference. All items referenced in the ?resubmission Conference Report have been addressed. City Engineer Pullen informed the Commission that Director of Development and Economic Services Elrey Ash is the project manager for the business park. He has requested an exemption to the sidewalk location section of the subdivision ordinance. The ordinance requires sidewalks to be placed within the rights-of-way unless an exemption is granted by the City Council after a recommendation by the Planning and Zoning Commission. It is the plan of this development to construct the sidewalk within a 30' wide public landscape, access and underground utility easement along each side of the streets. The proposed plan creates a more desirable streetscape than the traditional "sidewalk against the back of curb" approach. It will also allow greater flexibility for the location of utilities by allowing more space to avoid conflicts. As an easement rather than right-of-way, it will place less public encumbrance on the land and allow greater private use and responsibility for maintenance. Commissioner Mariott moved to recommend approval of the final plat of the College Station Business Center with staff recommendations including the granting of the requested sidewalk variance. Commissioner Lane seconded the motion which passed unopposed (5 -0). AGENDA ITEM NO. 5: Discussion and consideration of the proposed Bikeway Master Plan. (93-817) Transportation Planner Hard presented the proposed Bikeway Master Plan and gave a brief history of the project. Bikeways have been identified as a City Council issue for the past couple of years. Staff first addressed this issue last August by developing a bikeway ordinance. It requires that bikeways be developed in accordance with a bikeway master plan and establishes bikeway design standards. The bikeway ordinance was unanimously supported by the Commission and was subsequently adopted by the City Council; however, in order for it to be of value, a bikeway master plan is needed. The draft bikeway master plan was developed over a period of the past few months. The draft plan identifies the general locations of bike routes, lanes and paths. Some of the areas considered in developing the plan include existing biking patterns; on-street parking; the location of schools, parks and multifamily housing; traffic volumes/conditions; and street pavement and right-of-way widths. A bikeway focus group was formed to review and discuss the bikeway plan. The focus group included a representative from the City of Bryan, Texas A&M University, the Texas Department of Transportation, the Texas Bicycle Coalition, the College Station Independent School District, the CSISD Parent Teacher Organization, the Texas A&M Cycling Team and the local traffic engineering community. The group met twice and suggested adding numerous bikeways to the plan. It is important that the City adopt a bikeway master plan in the near future in order for us to qualify for federal money available for building bikeways. Staff is currently working on two grant applications for bikeway projects in College Station. Under a recent federal transportation bill, millions of dollars have been set aside for transportation "enhancement" activities such as bikeways. In order for a City to be eligible for this money, the proposed project must be part of the community's bikeway master plan. The two projects that staff would like to apply for is first, the College Station Bike Loop. This loop connects five city parks, Texas A&M University, Post Oak Mall and high density residential areas. The loop establishes paths, lanes and routes that would require some major engineering structures such as going under Texas Avenue and bridges. The second project is a bikeway suitability map that rates streets in terms of their difficulty for bicycle riders, amount of traffic, etc. This map would be an enormous help to bicyclists that are not familiar with this area. The proposed map would give bicycle safety tips, list bicycle laws and show out of town routes of surrounding areas to allow for tours of more serious cyclists. Commissioner Hall expressed concern of addressing some basic problems prior to encouraging bicycling and pedestrian traffic in certain areas of town. One problem is that when signals change at major intersections, there is not enough time allowed for bicyclists and pedestrians to cross. Transportation Planner Hard stated that this point was brought up in the focus group meeting as well. There are engineering solutions that can be implemented to relieve many of these problems. Staff will have to work with the signal division to possibly re-phase a signal or install pedestrian crossing lights. Commissioner Hall sugges ted that the City designate bikeways along low vehicle volume streets and spend the capital necessary to improve these streets for the purpose of bicycling. Rather than try to force bicycles and pedestrians onto streets busy with vehicle traffic, the City should look at relocating the bicycle and pedestrian traffic onto lesser streets. P & Z Commission September 16, 1993 Page 3 Commissioner Hall explained that the area around Oakwood School and the traffic along George Bush Drive is a major traffic problem area in the City. Commissioner Hall suggested that in the future, sidewalks near schools be built to accommodate the additional traffic in the area. The 4' sidewalks provided in some areas of town are not adequate for the increased traffic around schools and parks. Chairman Hawthorne opened the public hearing. Bill Kling of Kling Engineering stated that he would be interested in looking at the cost of implementing the proposed plan. The plan may look great on paper; however, the cost may not be realistic. Bob Richardson, the District Design Engineer for the Texas Highway Department, approached the Commission and stated that the plan is an essential tool in planning future state. highway projects in College Station. If this plan were in effect pri()r to the F.M. 2818 extension, the necessary bikeways could have been constructed with the street and would have been much cheaper to install initially. Denise Houser, a local representative of the Texas Bicycle Coalition informed the Commission that she has lived in College Station for over ten years. Ms. Houser served on the bikeway focus group and spent many long hours with the other members devising the plan. The benefits of the plan are many such as increased safety for pedestrians, motorists and bicyclists. Every bike trip reduces the vehicle congestion and pollution in the area. Other benefits of the plan include providing a bicycle friendly community, an increase in local tourism and a higher community quality of life. Chairman Hawthorne questioned Ms. Houser as to her thoughts on a bicycle licensing fee to help pay the costs of providing bikeways. Ms. Houser informed the Commission that the city of Austin is moving towards requiring a fee. Most bicyclists are not opposed to a fee or license; in fact, most bicyclists, excluding children, also drive motor vehicles. A reasonable licensing and registration fee would help legitimize the group in sharing the roadway. Commissioner Hall stated that if the City is going to push bikeways, a fee should be asked of the participants in order to finance such an extensive bike plan. Commissioner Lane stated that he could not imagine a fee being adequate to cover the costs associated with the Bikeway Plan taking into consideration administrative and enforcement costs. Commissioner Hall moved to recommend approval of the proposed Bikeway Master Plan with all comments and recommendations made during the discussion. Commissioner Lane seconded the motion which passed unopposed (5 -0). AGENDA ITEM NO. 6: Other business. Commissioner Hall expressed concern of the City working more closely with the University on traffic related issues. Since the University is moving more classes to Tuesdays and Thursdays to allow for a longer weekend, there will be traffic problems on these days of the week. Commissioner Hall also suggested that the cities of Bryan and College Station work together to commit to a park in the honor of Jack Miller of Brazos Beautiful who helped make this area a nicer place to live. AGENDA ITEM NO. 7: Adjourn. Commissioner Mariott moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Lane seconded the motion which passed unopposed (5 -0). APPROVED: Chairperson, Kyle Hawthorne ATI'EST: Planning Technician, Natalie Thomas P & Z Commission September 16, 1993 Page 4 CITY OF COi .I .EGE STATION Post Office Box 9960 1101 Texas Avenue College Station, Texas n842-0960 ( 409) 764-3500 MEMORANDUM TO: Bikeway Focus Group FROM: Ed Hard, Transportation Planner~ DATE: September 2, 1993 RE: Bikeway Master Plan Revisions Attached please find a copy of the revised bikeway master plan. It shows the changes to the draft bikeway plan resulting from our meetings and re11ects, as best as possible, the focus group's cumulative input The Focus Group suggested adding numerous bikeways to the plan and had other general areas of concern. They were as follows: Bikeway on Southwest Parkway; Bikeway on Rock Prairie Road; Bikeway on Welsh to Bush at Houston; Change bike route on Glade to bike lane; Continue bikeway on Longmire from Alrtine to Valley View; Continue bike route on FM 2818 from Longmire to Emerald Parkway; Bikeway connection between Dominik and Appomattox; Bikeway comettion between Woodstone area, Post Oak Mall, and surrounding apartments; Bikeway access to South Knoll Elementary; Bikeway access to Oakwood Middle and Jr. High Schools; Bikeway kcess to Southwood Athletic Complex, A&M Jr. High School, and Rock Prairie 8ementary; Safety improvements for bicyclists at the Texas/Bush, Bush/Anderson, SH 30/E. Bypass, and Texas/FM 2818 intersections; and, Safety improvements for bicyclists at all signalized intersections. As suggested by the focus group, a fourth category has been added to the plan for roadways that should be designated as a bikeway but are not due to a lack of street width and/or right-of-way to safely accommodate bicyclists. Please review the revised bikeway plan and forward any additional comments to me prior to Friday, September 1oth. The Bikeway Master Plan Is scheduled to go to the Planning and Zoning Commission for their consideration on September 16, 1993. You are all welcome to attend. The Development Services Staff would like to thank each of you for serving on the Bikeway Focus Group. Your volunteered time and effort is greatly appreciated. cc: Jane Kee, City Planner Jim Callaway, Asst Director of Economic and Development Services Home of Texas A&M University MEMBERS PRESENT: Ed Hard Marfa Fendley Ron Quarles Rey Trevino George Dresser Bob Richardson Eugene Ray Ranga Parasuraman Claude Cunningham Danise Houser Bob Appleton Joe Blaschke BIKEWAY FOCUS GROUP MEETING 1 MINUTES July 29, 1993 Transportation Planner, City of College Station Planning Intern, City of College Station Senior Planner, City of Bryan President, Texas A&M Cycling Team Texas Transportation Institute I CS Parks Board lXDOT Design Engineer, TAMU Physical Plant CSISD Parent Teacher Organization CSISD Administration and Planning Texas Bicycle Coalition lXOOT Bikeway Coordinator Local Traffic Engineer Ed Hard opened the meeting by explaining that the purpose of the bikeway focus group was "to gain input and support and coordinate our efforts with the sectors of the community that have an interest in bikeways and that should be a party to the development of a Bikeway Master Plan in College Station.• Mr. Hard said that a bicycle friendly community and the bikeway master plan have been a council priority for the past couple of years. He explained that a such a plan is needed in order for the City to qualify to compete for federal money available for bikeways. He noted that there were 4 •E•s• of bikeway planning .... Engineering, Education, Enforcement, and Encouragement and said that the focus group would primarily be looking at the engineering aspect. Mr. Hard said there were four areas of focus group input that we needed. These include identifying needs and opportunities, identifying problems and constraints, providing suggestions and solutions, and providing support for the bikeway master plan. For informational purposes, Ed Hard then presented slide!;i Jo explain the City's current bikeway ordinance and to define the different types of bikeways to the focus group. He noted that in order for the current ordinance to be of value, a bikeway master plan is needed. He said the ordinance needs to be amended to require new and re-development to install bikeway parking facilities. Mr. Hard then presented staff's draft Bikeway Master Plan and passed out individual copies of the plan to the group along while he explained. George Dresser asked about having a bikeway on Welsh straight through to Bush at Houston. Focus Meeting 1, Page 2 Ed Hard stated that this street has a narrow paved section and little right of way. He noted that this street extension is not on the City's thoroughfare plan but that it had been proposed by staff a number of times. Marla Fendley added that the area lends itself to routes because of the neighborhood streets and the drivers do not drive with an attitude that would cause bikers to get off the street. Ed Hard indicated that the black dots on the plan were schools and that we would like to coordinate with the CSISD. He also mentioned the bike lanes planned on College Main to the Bryan City Limit and the bike paths planned through Hensel Park (an area owned by the University) and said that CS needs coordination as well from the University and the City of Bryan. Ed Hard then presented results from the City's sidewalk/bikeway survey. Several questions were asked about the types of questions asked on the survey and about the results from certain zones in the survey. Ed Hard said that he did not recall at this time, but would have this information at the next meeting. It was asked if in those areas with lesser support, were we planning fewer or no facilities and if there was weak support in an area would bikeways be located elsewhere. Ed Hard pointed out :·::::':: that the survey did not have an area where there was weak support. There was a question about whether the attitude of the area determined whether it was a route or lane. Marla Fendley stated that the first priority of a bikeway is safety. When there was no pressing need for a lane it was designated as a route. Ed Hard added that existing on-street parking was a major consideration in determining route verses lane designation on a street. It was asked if the City had looked into the various types of users, such as commuters, recreational users and enthusiasts. Ed Hard said that the type of user was considered in developing the draft bikeway master plan. Bob Richardson asked if a stress evaluation test was performed on Southwest Parkway. Ed Hard stated that it had not because that requires a lot more detail. He explained to the group that a stress test is used to rate streets by stress which rates them for bicycle use as easy, moderate, or hard. It was pointed out that Southwest Parkway was not a route on the draft master plan. Mr. Hard stated that by ordinance we can't sign it as a route because the outside lane must be a minimum of 13'6". It was asked that if Southwest Parkway was resurfaced and re-striped if a route could be added. Ed Hard said no because there is simply not enough paved section to safely accommodate bikers on this street. It was stated that Southwest Parkway is a big problem and that there has been a many close calls. It was asked if there were routes used by people riding 20-40 miles at a time. Ed Hard said no, not as a part of this Master Plan but that we plan to do something similar to what the City of Focus Meeting 1, Page 3 Austin did. He said that on their bike map (not plan) they provide a separate map which includes the entire county and perhaps surrounding counties which shows "touring• routes for avid cyclists. It was noted that, at one time, Glade had a bike lane on it but it has since been removed. Now there is no safe way to get to Oakwood and parents are having to drop off there children every morning. It was added that the Oakwood school increases the traffic problem on Holleman and Anderson. With the Oakwwood school in mind, Ed Hard pointed out that a bike path is planned for Kyle. If in the future Kyle is widened, staff would recommend that a bike path be installed as part of this project. He also added that the existing 2-way bike lane on Bush is planned to be converted to one-way lanes with the westbound lanes located on the north side of the street. This means that parking will have to be removed on Bush. He said this change is needed to get the Bush bike lane up to current engineering design standards and to remove the potential liability incurred to the City due to the current substandard design. It was asked if the draft plan only considered bikeways that could be put on existing streets. Mr. Hard said no, that the plan is intended to serve as a guide for Mure bikeway development and it should not be limited by today's existing street system. There was concern for the existing unsafe conditions for bicyclists at the Bush/Texas intersection. There was also a similar concern for the Anderson/Bush intersection for when the 2;way lane is converted to 1-way lanes on each side of the Bush. George Dresser agreed with Ed Hard that two way bike lanes aren't a good idea. It was suggested that safety for bicyclists at these intersections could be improved with engineering solutions. Claude Cunningham commented that we should plan bikeways with future school population distribution in mind. Ed Hard said that although the location of future school sites are not definite, it would be beneficial to work with the CSISD in our bikeway planning. He pointed out that the reason there are not as many bikeways to the south on the draft plan is that we had primarily followed our thoroughfare plan for this area. He said since it only shows collector and arterial type streets (no residentiaQ we were only able to plan for bikeways on these streets. He added that as this area develops we'll then be able to add more bike routes to the system. It was asked if when the term "project" is used, does it mean that work other than bikeway signage and marking is being looked at. Ed Hard stated that in our capital projects we are at the point where at every opportunity we provide for bikeways and that this could be a bike route, lane, or path, whatever is deemed most appropriate. Ed Hard passed out a hand-out on "implied warranty•. He said that when the City designates a bikeway and thereby invites the public to use it, we are offering the public an implied warranty Focus Meeting 1, Page 4 that the facility is safe and suitable for that use. He wanted everyone to keep that in mind when considering the location and type of bikeway (route, lane, or path) on the bikeway master plan.· Mr. Appleton noted that when government entities are doing road work on a street with a bikeway, if there is a detour involved, than a detour shoul_d be provided for bikes as well. Ed Hard asked everyone to to tum to page 5 in the handout which lists all of the things that must be considered before signing a bikeway, such as directness, driveways, parking, safety, etc. Ranga Parasuraman said that there is a need for a lane on Glade, that first and second graders bike to school and can't use the sidewalk because it is too narrow. Bob Appleton said that parents should not allow children less than nine to ride in the street because they do not have the where with all to make the decisions needed to ride safely in the street. It was asked if sidewalks should be signed as bike routes? Ed Hard said no, that current design standards discourage the use combination bike/sidewalks. Ranga Parasuraman said that Southwest Parkway and Southknoll school need facilities because there are small kids biking to school. She said that they can't use the sidewalks because of kids walking. It was stated that there is a bike route that crosses Southwest Parkway. Kids use the crossing guard to cross the street and then use the sidewalks. It was noted that Southwest Parkway was one of the original bikeways and now it's gone due to the increase in traffic. With this in mind, it was asked that if when traffic counts increase would the City remove bike lanes to accommodate vehicles or would we widen the street and keep the bike lanes? Marla Fendley stated we should design future road to accommodate bike facilities. Ed Hard added that this decision would be based on priorities and dollars and could become a council decision. Mr. Dresser said that this is what the ISTEA (lntermqdal Surface Transportation Efficiency Act of 1991) legislation is all about and the acknowledgement that there are other forms of transportation. There needs to be attention drawn spending dollars on other forms of transportation other than just the traditional one. It was pointed out that there is another focus group meeting which is looking at BCS and what it should look like 30 years down the road. These needs need to be placed in the community vision building process. With no other comments, Ed Hard closed the meeting. He asked everyone to take their copy of the draft bikeway master plan back to their respective organizations and review it with whomever they deemed appropriate. He sked them to bring it back to the next meeting in two weeks with their comments, suggestions, proposed changes, etc. MEMBERS PRESENT: Ed Hard Marla Fendley Ray Trevino George Dresser Bob Richardson Bob Appleton Eugene Ray Claude Cunningham Ranga Parasuraman Danise Hauser BIKEWAY FOCUS GROUP MEET1NG2 MINUTES August 12, 1993 Transportation Planner, City of College Station Planning Intern, City of College Station President, TAMU Cycling Team Texas Transportation Institute, CS Parks Board TXDOT Design Engineer TXDOT Bikeway Coordinator TAMU Physical Plant CSISD Administration and Planning CSISD Parent Teacher Organization Texas Bicycle Coalition Ed Hard opened the meeting by reviewing what was discussed during the previous meeting. He answered questions from the previous meeting concerning the bikeway survey. He then ask the group to comment on the proposed bikeway master that they had the ·opportunity to review for the last two weeks. Claude Cunningham voiced his concern about Rock Prairie Road and the accessibility to Southwood Athletic Center and the school. He also stated that he wants the city, in some form of written language, to commit to providing protected bike ways around all CSISD schools. Ed Hard explained the difficulty In doing this with the current limitations of lack of street pavement width and ROW on Rock Prairie Road. He suggested the possibility of an off-street bike path from Welsh to Rio Grande. Bob Richardson pointed out that TXDOT has Bush from FM 2154 to FM 2818 under consideration for lanes as part of a future widening project. He also pointed out that the Texas Ave./ FM 2818 area needs attention. Claude Cunningham pointed out that the section of Longmire in front of Walmart to and across 2818 needs bikeway facilities. He also suggested that there should be a "fourth category•, for those areas where there is no current solution. Focus Meeting 2, Page 2 Bob Richardson suggested including section of 2818 from Longmire to Emerald Parkway as a Bike route. Claude Cunningham voiced his concern over the lack of bikeway facilities on Southwest Parkway and around the Southknoll Elementary area. He said that this was an area that needed to be addressed -perhaps fitting into the "fourth category". George Dresser asked Ed Hard what the time frame for implementation was for the Bikeway master plan. Mr. Hard replied that there isn't one, just as there isn't one for the thoroughfare plan. Mr. Dresser suggested that the bikeway master plan be addressed in a similar fashion as the thoroughfare plan, as not to confuse funding with needs. Bob Richardson suggested that short verses long range bikeway plans be established and documented so that when he is old, gray and forgetful he wont forget the intentions of this project. Danise Houser expressed a concern over the legality of bicyclists traveling along undesignated routes. Ed Hard assured her that bicycles will be able to travel legally on roads that are not !!\~;:~,. designated as a bikeways (with the exception of streets where, by ordinance, bicycles are prohibited). Ed Hard went over minor revisions that were made to the bikeway master plan since the first bikeway focus group meeting. Marla Fendley then presented staff's current work on the city's grant application for federal transportation enhancement money to construct bikeways in College Station. Ed Hard pointed out the proposed bike lanes on Anderson (as part of the enhancement project.) Claude Cunningham said that keeping the parked cars on Anderson out of the bike lanes during soccer season would be difficult. Danise Houser pointed out that the concern among those with whom she has spoken is the provision of the necessary support in the way of signage, maintenance, education, public support, as well as signage in order for the Bikeway Master Plan to work. Ed Hard addressed the issue of education and hoped that the CSISD would be willing to work towards an education program. George Dresser wanted to know if crossing guards were the schools or the cities responsibility. Ed Hard replied that it was a joint effort between the City and CSISD. Ranga Parasuraman said that at one time parents volunteered to act as crossing guards, but the legal liabilities forced them to stop. Focus Meeting 2, Page 3 Ed Hard Inquired about the past programs in which the schools had police come in to speak to the students. Ranga Parasuraman said that parents should be involved otherwise they will not allow their children to use the bikeway facilities. She suggested that the parents be reached through school hand outs and school open houses. Claude Cunningham said that he and Ranga Parasuraman presented the bikeway master plan to the Partners In Education volunteers and that they are aware of the cities efforts. He strongly encouraged the City to contact the parents of College Hills and Oakwood students for their input. George Dresser suggested that a connection between Dominik and Appomattox be made where Dominik dead ends. Bob Richardson suggested that a "fourth category• project be one that connected Woodstone shopping area, the Mall, and the surrounding apartments with bikeways and sidewalks. George Dresser asked if the City had planned to do a bikeway compatibility map that was similar to Austin's. Ed Hard stated that he had contacted the Texas Bicycle Coalition and they said that they would be willing to create this type of map for the City ijust as they did for the City of Austin). Mr. Hard asked the focus group if there were any more comments, suggestions, or questions. He told the group that staff would review and consider all of the comments and concerns voiced during this and the last meeting and revise the bikeway master plan to reflect, as best as possible, the input from the bikeway focus group. Mr. Hard informed the group that staff planned to bring the Bikeway Master Plan to the Planning and Zoning Commission in September. He said that prior to this however he would send all focus group members a copy of the revised plan to provide them an additional opportunity to comment on the plan prior to it going to the Planning and Zoning Commission. \ :~ i~ ie i ,.i ;--v' i ( / ( I \ ... i ~CITY OF COLLEGE STATION BIKEW A Y MASTER PLAN FOCUS GROUP REVISIONS i .,,,.j SCALE 0 5,000 10,000 kiiif!!!?fiiiii I I (FHT) Legend: -Bike Route Added -Bike Lone Added -Bik ewoy Needed* m Pork l.. School * Bikcwoy Needed roodwoys ore those that should be CIHIQnotee! 01 o blkewoy but ore not due to o lock ~~c6t;,:.~~if0thbi~~(~ •. ri9ht-of-woy to 1ofely Mop prepared by Planning Oivi1lon -Sept. 1993 .. • t •• ~ - Stand Up For Bikeways with The Texas Bicycle Coalition and Freebirds World Burrito College Station's Bikeway Master Plan goes to city council for a vote this month. TBC and Freebirds are mobilizing community support for this plan, and we need your help. Our goals are to obtain 2,000 signatures in support of the plan and to have 50 people attend the presentation to council (Oct. 28 at 7 p.m. in City Hall Council Chambers). What is the bikeway plan? The bikeway plan (designed by the city, TBC and local citizens this summer) designates both existing and planned (1) on-road routes, (2) on-road lanes, and (3) off-road paths for bicycle use throughout College Station. Specifically, adoption of the plan will: * provide signed, marked bike facilities for citizens of all ages bicycling for both recreation and transportation. These facilities will receive increased attention to bike-friendly design and maintenance. * guarantee College Station's eligibility for over $1,000,000 in federal funding granted specifically for bike facilities. How will the bike way plan benefit me? The plan will render bike travel safer, easier, more efficient and more attractive to local citizens. Bicycle-actuated traffic signals, bike bridges over currently impassable creeks, and bikeway crossings under Texas Avenue alongside a creek are featured in the plan. Maps of city bikeways will be produced. Additional bike paths in parks and conversion of abandoned railroad corridors into bike paths are included as well . Every citizen will benefit from bikeway plan adoption, not just bicyclists. When bicycle trips are substituted for car trips, the social, health and environmental benefits translate into considerable economic benefits. The general public benefits from reduced air pollution, oil imports, traffic congestion and delayed attainment of road capacity. In fact, capital investment savings to the public can amount to over $1 per bicycle mile traveled. What comes next? TBC and Freebirds believe the adoption of College Station's bikeway plan is a first step towards encouraging bicycling in Bryan/College Station. To fully realize the potential of bicycle use, other steps must be taken, such as shared roadway education for bicyclists and motorists alike, the provision of bike parking facilities, community events which focus on cycling, and much more. We invite you to join TBC and Freebirds in building this vision. For more information on how you can help, call TBC's local coordinator, Danise Hauser, at 260-1266 . ~ 0 n: <( 3-N 0 .... I{) N / 1-(.) ~ 0 CITY OF BRYAN ) .{:'_~~-.-J--.--_L.-t-~l WELLBORN ROAD --I ~ ~ ~ ~ lffJf orrT CD" oor ' w• BT.a.TI011 COLLEGE STATION BIKE LOOP PRELIMINARY Statewide Tr&m1portation Enhancement Program Legend: Bike Path ---Bike Lane Bike Route • New Bridge a Box Culvert Crossing A Crosswalk Signal , I City Park 0 ._ __________________ ,....._ ____________________________ .... .._ __________________________________________ ..... ____________________________ ...... CITY OF BRYAN ) .{"_r~-~L..--_J_-f-~~ II ~ Cl 0.: < ? N 0 -q- 0() g ~ N / I-o:i u w ~ ...., ~ 0 Q'. ..... ~ Cl. / <.: 0 (fl OlTr o:r 001 I-· BTATIOlf COLLEGE STATION BIKE LOOP PRELIMINARY Statewide Transportation. Enhancement Program Legend: Bike Path - - -Bike Lane • D Bike Route New Bridge Box Culvert Crossing Crosswalk Signal City Park ATTACHMENT 1 PROJECT DESCRIPTION The College Station Bike Loop is a combination of bikeways approximately seven miles in length made up of bike paths, lanes and routes. It provides connection and access between Texas A&M, numerous apartments and neighborhoods, a regional mall, eight city parks, an amphitheater, and College Station's Amtrak Station. Key features for the bike loop's continuity and safety include seven new bridges for creek crossings and bike path crossings under three of the City's largest thoroughfares. The project calls for development of new bike paths to run along the perimeter of College Station's Central Park. The path along the east side of this park will extend south along the SH 6 East Bypass until reaching Emerald Parkway, an entrance to one of College Station's largest subdivisions. Krenek Tap Road borders the north side of Central Park. This street is currently undergoing reconstruction and widening and will include bike lanes when completed. West of Central Park, a bike path will connect with Krenek Tap Road and then tum south along the perimeter of city property until reaching and going under Texas Avenue via an existing box culvert. Once on the west side of Texas Ave., the path will go two directions. Going south, a new bridge will be installed going over Bee Creek to a bike path where it will terminate at a major recreational area that includes a putt-putt golf, bumper boats, and batting cages. Going north, the path will go along Texas Avenue in front of the City's Arboretum and then tum west and continue along city property until reaching Bee Creek Park. Bee Creek serves as a barrier between the park and residential areas to the south and west. A short path extension and new bridge will provide access between these areas. The path in Bee Creek Park will continue northwest until reaching and going under Southwest Parkway. Once on the north side of this thoroughfare, the path continues north through Lemontree Park, a linear greenbelt, until reaching Anderson Street. Again, Bee Creek serves as a barrier for residential areas to the west. A small path extension with a new bridge across Bee Creek will provide access for this residential area to the Bike Loop and Lemontree Park. The bike loop will continue with the installation of bike lanes on Anderson Street from Lemontree Park to the A&M campus at George Bush Drive. The current two-way bike lane along the south side of Bush will be changed to one-way bike lanes on both sides of this street as part of this project. The new, more safely designed bike lanes will extend along Bush from Marion Pugh Street where the Amtrak Station is located east to Texas Avenue. Once reaching Texas Avenue, the loop will be continued with a bikeway that will be installed as part of the TXDOrs widening of this roadway. From Texas Avenue, bike lanes will be installed in the Eastgate area along both Lincoln and Walton Streets in order to facilitate the large number of students who bike to and from campus in this area. From Walton Street the bike loop will continue south through this residential area and Oaks Park until reaching S.H. 30 where a bike path will go under this arterial via a box culvert. The bike path will then continue east along S.H. 30 in front of two large condominium complexes until turning south along a utility easement that runs directly adjacent to Post Oak Mall and a large apartment complex. A new bridge will connect the apartment complex with the bike loop system and the Mall. The path along the utility easement will extend to Holleman Street and from there a bike path will go through the Wolf Pen Creek Park and by the Wolf Pen Creek Amphitheater. This bike path will exit the park and connect with bike lanes to be installed on Central Park Lane and continue until reaching Southwest Parkway. The final leg to complete the bike loop will be a bike path to extend from Southwest Parkway to Central Park, the location of origin. In sum, the proposed Bike Loop project calls for 4.1 miles of new bike paths, 3.8 miles of new bike lanes, seven new bike path bridges, and three grade separated bike crossings going under three of the City's widest and busiest thoroughfares. Importantly, the bike loop will serve both commuter and recreational bicyclists by virtue of new bike lanes adjacent and approaching the Texas A&M campus and new bike path through city park areas. The project is located primarily on City and State property and requires very little land acquisition. The bike loop system is in accordance with the City's Bikeway Master Plan and was developed considering AASHTO design requirements for bikeway facilities. All bikeways and related structures in this project can and will be designed to meet AASHTO standards. ____ C~ly~U~r <:;4,...f. w/ TK/JOT c0-1 42~ /'.a/eel ___ Q~ D~ _£ t~ /~ ... f'_ CzrrflMr6 t ~ bh I Tx /) o-:tj 7 cry., ' c t/ /)og,t €1.ec 6'niw . & f+.a-.w ( ul'.4 e I /h-Of'le/, &'~ Ma~ fM'tv-,.,,,.1'""""''~,,,_' --------------- L{NF ---~(f>.,<_,,u-/ "--'--~~:+=-----1...,,..;,,,__;,;;,,,_ ~ -N :.....;,,-'-1---'--L=--;;__..,:,,._-- --_../2'-ru 1 wk ~~~ (µ&zr-= S':mM__,_e.r____.o ........ /:__.__!7.._._'7_~------ 11f.o b. L{~ C,J&<J=c= f cf a_,,,~·-_o-'-/2-__.__.__,_1_7~----'--------- -1'7?2--13,·~Iu.Jf.-.1 S':riee.1 ----r J ---~-Bt'kew~ hCt.A.~ 9r~_::::: 3 ~ ~ ~---------- ----__ Bf'} fJ ow-J ~ Ct'!_<;,..:..;::~--~---'1--_,,__~L------------- __ -_ Gr.Sl-*l-f ~/if' (/...-lk ~ ~¥/ff'=I p~ g;/"7 ~N".<. __ • ____ ___ kY! tLS (? h~e-f .1, G o.12 '/z ______ ___.~,~----=---~ ~~------ ----f l),_lc CL Jb.t!AA· ... 1 'A TRANSPORTATION ENHANCEMENT PROGRAM Page 6 of 10 PART Ill. PROJECT BENEFITS, IMPACTS, AND PUBLIC SUPPORT. NOMINATION FORM A. PROJECT USE AND BENEFITS. Describe below the benefits of the proposed project. Description should indude expected use of any facilities involved and should compare current use with expected use and projected demand for use of the those facilities. Project Use -The potential is there for College Station to have one of the highest percentages of bicyclists per capita 1n the nation and become the most "Bicycle Friendly" community in the State. Compared to other university cities, College Station is a small community despite the fact that it is home to the fourth largest University in the country. Its geographic smallness makes bicycle commuting in College Station a very feasible mode of transportation. The general close proximity of off-campus student and faculty housing areas to the Texas A&M campus is a the primary reason for the current high amount bike use in the city. The 1980 census showed that there were 1,447 workers (excluding A&M students) in our area commuting by bicycle. A recent traffic count on one street providing access to campus showed that for every three cars there was one bike. This street had an auto ADT of about 5, 000 and bike ADT of 1, 700. A recent survey on the A&M campus indicated that 1 out of every 4 students use a bike. This relates to an additional 10,000 potential bike users on city facilities. College Station is "ripe" for the development of new bicycle facilities and the City is committed to providing them. Project Benefits -The bike loop project has numerous economic, environmental, and social benefits. The current substandard design of the two-way bike lane on George Bush Drive is a potential liability to the City. Replacing this substandard design with 1-way lanes on both sides of the street as part of this project could potentially save the City millions. The culvert crossings under busy city streets and bridges crossings over creeks greatly improve the project's safety which in tum can be translated into an economic benefit Other economic benefits include linking residential areas with major commercial areas, easing parking problems, and improving the City's image as a bicycle friendly community. The bike loop will enhance and increase bike use and therefore improve environmental conditions. Bikes make little noise and for every 100 miles travelled by bike instead of a car approximately 96 pounds of pollutants are removed from the air. The project will enhance the quality of life in College Station and offer social benefits by providing bike access between residential areas, city parks and a community amphitheater. B. COMMUNITY INVOLVEMENT. Provide evidence below of comrnunitY involvement and public participation in project development. Include a description of any opportunities for public participation in the process of selecting candidate projects. The City of College Station adopt~d standards for bikeways in .1.992 after results of a city-wide survey showed overwhelming support for b1keways (70% positive) and w1ll1ngness to pay for them (67% positive). City staff then developed a draft Bikeway Master Plan which was accomplished over a six month period. A bikeway "Focus Group" was developed to review and discuss the draft plan. The Focus Group included represe~tatives tror:n the City of Colle!;Je Station, the City of Bryan, Texas A&M University, the TXDOT, the Texas Bicycle Coal.1tion, the A&M Cycling Team, the Col[ege Station Independent School District, the Parent Teacher Organization, and the local traffic engineering community. This group recommended revisions to the draft plan and along with the city planning staff developed the final Bikeway Master Plan. Concurrently, as a major step toward implementation, the City Planning, Parks, and Public Services staffs developed the Bike Loop project The project was presented to and discussed with the above Focus Group. Bot~ the Master Plan and the f?ike Loop .were presented to the City's Planning & Zoning Commission at a public meeting whern .they rece1v.ed una.rnmous support and recommendati on for approval. Once approved by the P&Z Comrn1ss1on, .a public heann!;l was held before City Council where a petition with over 3,000 signatures was p~esent~d 1n .favor .of the B1keway ~aster Plan and the College Station Bike Loop project. (A local r~staurant in con1unct1on with the Texas Bicycle Coalition was responsible for the petition.) The Council C'.hambers overflowed as a result of people there to support the Bikeway Master Plan and the Bike. Loop Project lj1e College ~tation City Council unanimously approved the Master Plan and the-Bike Loop . proiect along with the associated monetary commitment. , I / TRANSPORTATION ENHANCEMENT PROGRAM Page 5 of 10 NOMINATION FORM E. CONSTRUCTION INFORMATION. It construction will be required, briefly discuss below how it will be accomplished. lndude cost estimates. The Bike Loop project will involve a number of "subprojects" that will be undertaken concurrently. Development of the bike paths and bike path under-crossings will be the primary construction activities. Approximately 4.1 miles of 10 feet wide concrete bike paths will be constructed at an estimated cost of $584,000 which accounts for about 44% of the total project cost. Three bike path under-crossings will be constructed at an estimated cost of $238,000. Two of the three under-crossings can use existing box culvert structures while the third will require installation of a new box culvert. The bike path under-crossings make up about 18% of the total project cost. Other construction activities include installation of seven bike path bridges and striping and signing of approximately 3.8 miles of bike lanes. The bridges, made of corten steel, come completely prefabricated and will be set in place with a crane. Their estimated cost is $194,000 which is approximately 14% of the total project cost. The cost to install the bike lanes is estimated at $27,000 which is about 2% of the total project cost. The remaining 22% of the estimated $1.348 million total project cost will be for right-of-way acquisition, engineering design, and contingency. All striping, engineering design, and construction work will be contracted out. The City College Station will provide project management and construction inspection services. F. FACILITY OPERATION AND MAINTENANCE PLAN. Rot.Jtine, . .operations and maintenance costs are not allowable enhancement costs. If a facility is being proposed, discuss below how It will be operated and maintained. The plan will identify all parties responsible for operation and maintenance. Estimate the annual cost to maintain said facility, describe the source of those funds, identify expected annual gross income from the facility. if any, and describe the intended use of that income. The College Station Bike Loop will be a free public access bikeway system that will generate no income. The care and maintenance of the bikeway system will be the responsibility of the Public Services Department and the Parks and Recreation Department. These two city departments are currently entrusted with similar maintenance activities. Maintenance activities such as mowing, edging, trash pick-up and sweeping will be shared and the responsibility of both departments. In addition, the Public Services Department will be responsible for bike path concrete repair, bike lane restriping and resigning, and ensuring that all bike path crossings through box culverts are safe and clean at all times. The City's Parks and Recreation Department will have the additional responsibility of bridge maintenance and safety. The estimated annual maintenance cost of the College Station Bike Loop is $125,000. A large majority of this-cost is box culvert maintenance. The College Station City Council approved monetary commitment for project maintenance. If the Bike Loop project is selected by the Highway Commission, the $125,000 annual maintenance cost will be included in the annual. operating budgets of the Public Services and the Parks Department for future years. Many of the maintenance duties associated with the project can be covered under current city maintenance programs. ' I ~ 0 a: <( ? N 0 ... II) N c u w ...., 0 0:: ~ CITY OF BRYAN ) .{:'__r~-~L.,-_L-t-~L WELLBORN ROAD --I ffl OITY CW O()I1 WW 8T.ATJ0lf COLLEGE STATION BIKE LOOP PRELIMINARY Statewide TranaportaUon. En.hanoemen.t Program Legend: Bike Path • - -Bike Lane • D I. Bike Route New Bridge Box Culvert Crossing Crosswalk Signal City Park 0._ ________________________________________________________________________________________________ ._ ____________________________ __, ~ Cl 0.: < ? N 0 .... "' N c u w ..., 0 Cl:'. ~ CITY OF BRYAN ) .{"_,._ -..--1--..-_L--+----t_ WELLBORN RQW --I <ftlf OlTT cw OQI I ... 8'1'.ATIOH COLLEGE STATION BIKE LOOP PRELIMINARY Statewide Tranaportation. En.han.oemen.t Program Legend: Bike Path ---Bike Lane Bike Route • New Bridge D Box Culvert Crossing I::. Crosswalk Signal City Park 0 ._ ____________________________ .... __________________________________________ ..... ______________________ ._ ____________________________ ..... J TEXAS TRANSPORTATION COMMISSION _V_AR~I_o_o_s~~~~~~~~~~county MINUTE ORDER ' Page 1 of 4 Pages District VARIOUS WHEREAS, Title 23, United Statee code, section l33{d) (2), and section 160(e)(2), and Section 101S(d)(2) of the Intermodal Surface Transportation Efficiency Act of 1991 (!STEA) require that ten percent of certain funds apportioned to a state pursuant to Title 23, United States Code, Section 104(b)(3) be used for transportation enhancement activities; and WHEREAS, the Texas Transportation Commission (the Commission) by Minute Order 102922, dated November 30, 1993, established Category 4B, Texas Statewide Transportation Enhancement Program, of the Project Development Plan to be developed, monitored, and approved by the commission; a.nd WHEREAS, pursuant to Title 43, Texas Administrative Code (TAC), Section 11.203 , a 90 day call for nominations of candidate projects was published in the Texas Register August 6, 1993; and WHEREAS, a total of 339 nominations were receiv ed by the Texas Department of Traneportation (the Department) and were evaluated for eligibility and technical standards pursuant to Title 43, Texas Administrative Code, Section 11.200 -11.205; and WHEREAS, each project determined eligible was scored by the Transportation Enhancement Project Evaluation Committee (TEPEC); and WHEREAS, pursuant to Title 43, Texas Administrative Code, Section 11.204, Department staff recommends to the commission a program of 108 candidate projects shown in Exhibit A, e ach project being recommended for selection baaed on: (A) the list of all eligible candidate projects and scores provided by TEPEC, together with any comments or recommendations included in TEPEC'B resolution; (8) other issues relevant to consideration of any candidate project for funding, including: '' II c J TEXAS TRANSPORTATION COMMISSION _VAR~_I_o_u_s~~~~~~~~~~county MINUTE ORDER Page 2 of 4 Pagea District VARIOUS ' I /. "'\ (i} policy matters; (ii) consistency of the candidate project with the etatewide long-range transportation plans; (iii) (iv) ( v} (vi) (vii) the candidate project's benefit-cost ratio, calculated t dividing the project score by the project's estimated coat; the priority ranking assigned the candidate project by the nominating entity; evidence of public support for the candidate project; evidence of the commitment of project sponsors to provic more than the minimum required non-federal share of allowable project costs and their ability to do so; an evaluation of proposed proj acts indicat.ing the extent to which each project ·will meet accepted standards as established by applicable law and by accepted professional practice; and (viii) the views, comments, and certifications, if any, of a Metropolitan Planning organization or a governing body c a city or county; (C) the potential benefit to the state of the candidate project; a; (D} the impact of the candidate project on the economies of each county and/or municipalities in which the project ia to be located. I TEXAS TRANSPORTATION COMMISSION _V~AR~I_O_U_S~~~~~~~~~-County MINUTE OR;DER Page 3 of 4 Pages District VARIOOS '1 NOW, THEREFORE, IT IS ORDERED that, baaed upon the rationale for selection of each project as shown in Exhibit B, the Executive Director is hereby authorized to pr?ceed in the moat feasible and economical manper with any neceeaary agreements required for the development arid construction of the projecte ehown in Exhibit A, with programm.lng in Category 4B of the 1994 Project Development Plan at the estimated amounts shown on Exhibit A; and IT IS, HOWEVER, UNDERSTOOD THAT 1. only the items and their associated coat determined eligible for the Transportation Enhancement Program funds as identified by the Intermodal Surface Transportation Efficiency Ac~ of 1991 and Title 43, Texas Administrative Code , sections ll.200 -12.205, and verified by project development will be eligible for the Transportation Enhancement Program. 2. Prior to authorizing any funds or the performance o! any work for projects selected that all appropriate local agreements identifying responsibilities and escrow amounts mu~t be executed between the Department and the appropriate local entity. 3. The Department will administQr the development, contracting~ construction, and management of projects approved by this action in accordance with applicable contracting statutes and Title 43, Texas Administrative Code, Section 11.205. Approved projects will be developed to encourage public input and involvement consistent with the Department's established public involvement procedure. 4. All administration, development, engineering and contingencies, design, and construction coats incurred by the Department ~ill be charged to each respective project. J TEXAS TRANSPORTATION COMMISSION _VAR~_I_o_u_s~--~----~--~~~county MINUTE Otll>ER Page 4 of __!_Pages District VARIOUS 5. For each project shown in Exhibit A and verified as eligibl by project development that the federal funds shown in Exhibit A must be matched by a minimum of 20% by local dollars. Any expense incurred over and above the federal funds shown in Exhibit A for administration, development, engineering and contingencies, design, and construction mu e be paid by the project sponsor. 6. Prior to authorizing any funds or the performance of any work for projects selectad by the Commission the project must be added to the Transportation Improvement Plan by the respective Metropolitan Planning Office and added to the State Transportation Improvement Plan by the Department. 7. If the project sponaor or nominator withdraws support for c apprdved project the federal funds committed by the Commission for th&t project will revert back to subsequent enhancement program calls. Minute Number Date Passed J ' .'>- STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM . EXIIlBIT A PROJECT PROJECT NAME . TOTAL LOCAL FEDERAL FILE PROJECT MATCH FUNDS NUMBER COST ($) AUTHORIZED 806.FW.TR.0054 FORT WORTH 3494000 733740 2760260 TRINITY RIVER TRAIL 806.HO.HR.0192 HARRISBURG/ 3027000 606000 2421000 SUNSET RAILS TO TRAILS 8'J6.BR.MM.0011 · MILAM COUNTY . 614500 127700 486800 ,/ COURTHOUSE " ~ 806.CC.NU.0106 BAY TRAIL HIKE 1835000 367000 1468000 AND YIKE 806.AT.HS.0245 MARSHALL 94000 24000 70000 DEPOT 806.BR.BZ.0199 COLLEGE 1348000 269600 ,. 1078400 STATION BIKE LOOP 806.AU.BC.0235 OLD BLANCO 450000 90000 360000 COUNTY COURTHOUSE 806.HO.HR.0189 WEST WHITE OAK · · '2602000 521000 2081000 BAYOU TRAIL 806.MP.MP.0104 CAP ROCK 450000 90000 360000 CANYONS TRAILWAY 806.SA.BX.0092 HISTORIC SAN 32000000 6400000 14, 168,000 ANTONIO MISSION TRAILS 806.WA.ML.0126 WACO 400000 80000 320000 SUSPENSION BRIDGE April 28-, 1994 Page I EXHIBIT A PROJECT PROJECT NAME TOTAL LOCAL FEDERAL FILE PROJECT' MATCH FUNDS NU MBER COST ($) AUTHORIZED 806.WF.C0.0005 GAINESVILLE 821075 165000 400000 SANTA FE RAILROAD 806.0D.PC.0028 FORT STOCKTON 300000 60000 240000 SANT A FE DEPOT 806.PH:CF.0193 HARLINGEN 757300 15.1460 605840 J BIKE/JOGGING TRAIL 806;AU.TV.0231 COMPREHENSIVE 4781760 1260000 2738037 URBAN TRAIL SYSTEM 806.DL.DL.0313 KATY 750000 150000 600000 TRAIL/HIKE/BIKE I TRAIL ,I 806.:.DL.DN.0335 DENTON BRANCH 400000 84000 348000 RAILS TO TRAILS 806.HO.HR.0182 MEDICAL 5114000 1023000 4091000 CENTER/GREEN- WAY GALLERIA 806.SN.TG.0254 SAN ANGELO 1080025 216005 : 864020 SANT A FE DEPOT 806 .TX.TX.0019 TX HISTORIC 1521168 304233 1216935 SITES (GIS) DATABASE 806. WA.BL.0012 HISTORIC 1389400 277880 1111520 BELTON-BELL COUNTY COURTHOUSE 806.WA.HI.0004 HILL COUNTY 8534046 1706809 3000000 COURTHOUSE 806.SA.KE.0006 BOERNE 130350 26070 104280 CORRIDORS 806.DL.C/1.0295 US 75 & SH 190 1235000 259350 975650 TRAIL 806.FW.TR.0057 RESTORATION OF 1450000 ' 594500 971500 T&P April 28, 1994 Page 2 EXHIBIT A \. PROJECT PROJECT NAME TOTAL LOCAL FEDERAL FILE PROJECT MATCH FUNDS NUMBER COST . ($) AUTHORIZED 806.LF.SA.Oi23 MISSION 2543036 508608 2034428 DOLORES 806.0D.MD.0029 MIDLAND DRAWS 200000 40000 160000 HIKE/BIKE TRAIL 806.PH.CF.0120 BOCA CHICA 2500000 500000 1000000 SCENIC J ACQUISillON 806.SA.CM.0094 REFURBISHMENT 450000 90000 360000 OF FAUST STREET BRIDGE 806.SA.CM.0095 PEDESTRIAN 50502 10100 40402 WALKWAY@ lST CROSS 8~.WA.ML.0119 W.MKT (KA TY) 400000 80000 320000 1,\ DEPOT RESTORATION 806.AU.TV.0223 HISTORIC SOUTH 2806500 1806500 " 1000000 CAPITOL GROUNDS 806.BR.GM.0015 GRIMES COUNTY 460000 92000 214784 COURTHOUSE 806.DL.DL.0315 TRINITY PARK 3500000 700000 1400000 TRAILS 806.DL.DL.0319 FAIR PARK/CBD 500000 100000 400000 TRAIL 806.EP.EP.0253 EL PASO MISSION 3394025 678805 2715220 TRAIL 806.FW.TR.0044 RIVER LEGACY 1045000 219450 825550 .PARKS TRAIL 806.SA.AT.0031 OSR HISTORIC 87213 17500 69713 HWY. PROGRAM 806. TL.SM.0344 PHASE 1 & 2 RAIL 1690880 440880 1164000 TRAIL 806.FW.JA.0038 FT. RICHARDSON 442838 88567 354271 ST. HIST. PARK April 28, 1994 Page 3 EXHIBIT A PROJECT PROJECT NAME TOTAL LOCAL FEDERAL FILE PROJECT; 'MATCH FUNDS NUMBER COST ($) AUTHORIZED 806.AU. TV .0222 LAMAR BRIDGE 1401841 448589 953252 PED/BIKE/ FACILITY 806.AU.TV.0233 PFLUGERVILLE 253110 50622 202488 BIKEWAYS 806.BR~BZ.0197 CARNEGIE 621740 124348 497392 J LIBRARY REHABILIT ATIO 806.CC.GD.0105 GOLIAD HIKE 150000 30000 120000 . HIKE/BIKE/ NATURE TRAIL 806.DL.DL.0312 BERNAL/CANADA 270000 54000 216000 HIKE & BIKE j 80Q. .. DL.DL.0321 MCKINNEY '10065000 4468000 1000000 -.\ AVENUE TROLLEY EXT 806.DL.DL.0324 . HOUSTON 6100000 1220000 2000000 STREET VIADUCT 806.FW.TR.0078 N.ELEctRIC 750000 165000 585000 MULTI USE TRAIL ,. 806.HO.GV.0144 TEXAS CITY 735000 147000 588000 TRAILS 806.HO.HR.0181 CBD ACCESS 2808000 562000 2246000 ON-STREET BIKEWAYS 806.MP.MP.0023 THE GRTTX 500000 100000 400000 COASTAL BIRDING TRL 806.PA.RR.0002 DEMORSE 100000 20000 56448 RESTORATION PROJECT 806.PH.HG.0100 EDINBURG 500000 100000 400000 S.PACIFIC RESTORATION 806.PH.HG.0101 HIKE AND BIKE 1250000 250000 1000000 TR.ALONG BI CENT April 28, 1994 Page 4 EXHIBIT A PROJECT PROJECT NAME TOTAL LOCAL FEDERAL FILE PROJECT' MATCH FUNDS NUMBER COST ($) AUTHORIZED 806.PH.SR.0099 ROMA 1438500 287700 679168 RESTORATION PROJECT "·•i . 806.TL.GG.0339 WALNUT HILLS 235500 47100 188400 LINK BIKE/PED TRAIL ; J 806.TX.TX.0020 CO. COURT-397641 83780 313861 HOUSE-DOCU- MENTATION 806.WF.WC.0116 RIVERWALK 700000 140000 560000 BIKE/HIKE BRIDGE 806.BW.BR.0009 DEPOT CIVIC & . 2000000 400000 1000000 I CULTURAL ·'· .CENTER 806.FW.TR.0087 BIKE LANES 91258 . 45629 45629 ALONG N. TARRANT 806.SA.KK0093 HEART OF THE 842490 168498 673992 IDLLS .' 806. TL.SM.0343 TYLER'S COTTON 327646 65530 262116 BELT DEPOT REHA 806.AU.BP.0242 RENOVATION/RA 750000 150000 400000 BB-MCCOLLUM BLDG. 806.AU.GL.0237 FORT MARTIN . 313191 62639 250552 SCOTT 806.AU.HY.0225 HA Y.S COUNTY . 4040000 1800000 2240000 COURTHOUSE 806.AU.HY.0227 DRIPPING 20000 4000 16000 SPRINGS COMM. GARDEN 806.AU. TV .0213 BILLBOARD 146000 44000 102000 INVENTORY 806.AU. WM.0221 GRANGER COMM. 35000 7000 26000 DEPOT/LIBRARY April 28, 1994 Page 5 EXHIBIT A '• PROJECT PROJECT NAME TOTAL LOCAL FEDERAL FILE PROJECT MATCH FUNDS NUMBER COST ($) AUTHORJZED 806.BM.CH.0167 CHAMBERS CO. 45000 9000 36000 PHASE 1 GAL. BAY 806.DL.RW.0301 ROCKWALL 1750000 . 875000 500000 COUNTY COURTHOUSE J 806.FW.JN.0049 RENOVATION OF 800000 400000 200000 HISTORJC P.O. 806.FW. TR.0051 THE TRAILS OF 897450 188465 708985 EULESS, PHASE I 806.FW.TR.0061 GRAPEVINE SH 26 680000 150000 530000 PEDESTRlAN TR 80p.HO.HR.0187 EAST BRAYS . 4889000 978000 3911000 / BAYOUTRAlL 'I 806.HO.HR.0188 WEST BRAYS 5775000 1155000 4620000 BAYOU TRAIL 806.LA. WB.0251 ACQ/PRESERV 250000 50000 200000 BENAVIDES HOUSE : 806.LF.SA.0260 RELOCATION & 39600 7920 31680 REST. OLD IRON BR 806.PH.CF.0266 RARE ANTIQUE 25000 5000 20000 ENGINE SHELTER 806.SA.KE.0033 COMFORT 150000 30000 132000 RAILROAD & HERITAGE . 806.TX.TX.0021 RECORDATION & 422411 · 84482 337929 REPAIR OF TX MARKERS 806.TX.TX.0022 OUTDOOR 280159 57692 222467 SCULPTURE CONSERVATION 806. YK.GZ.0129 GONZALES 200000 40000 160000 ALTERNATE TRAN. ENHAN April 28, 1994 Page 6 EXHIBIT A .} . PROJECT PROJECT NAME TOTAL I LOCAL FEDERAL FILE PROJECT MATCH FUNDS NUMBER COST ($) AUTHORIZED 806.DL.DL.0333 REHABILITATION 5315500 1063100 2126200 OF MONROE SHOPS 806.FW.TR.0041 LANDSCAPING 92000 19320 72680 ON SIX FLAGS DR 806.TL.CE.0341 TEXAS STATE 2500000 500000 2000000 J RAILROAD 806.AU.GL.0219 LADY BIRD 31962 6392 25570 . JOHNSON PK BEAUTIF 806.AU.TV.0240 AUSTIN 1026634 205327 821307 CONVENTION CENTER/ I 806.DL.C#.0292 PRESTON RIDGE 307000 70000 237000 it ' TRAIL PROJECT 806.DL.C#.0298 ROWLETT CREEK 360000 75600 284400 TRAIL 806.DL.KF.0304 RESTORATION 297028 241028 56000 TRAIN DEPOT : FREIGH 806.FW.JN.0039 HERITAGE 20000 4000 16000 CENTER 806.FW.TR.0045 FISH CREEK 450000 94500 355500 LINEAR PARK ACQUIS 806.FW.TR.0056 BICYCLE 57000 23370 33630 TRANSIT NETWORK 806.FW.TR.0062 GRAPEVINE 110000 40000 70000 SECT.FOREMAN'S HOUSE 806.HO.HR.0142 BELLAIRE BLVD 200000 40000 160000 BEAUTIFICATION 806.HO.HR.0149 TOMBALL 100000 25000 75000 RAILROAD DEPOT Arri! 28, 1994 Page 7 EXHIBIT A PROJECT PROJECT NAME TOTAL LOCAL FEDERAL FILE PROJECT ' MATCH FUNDS NUMBER COST ($) AUTHORIZED 806.HO.HR.0154 BAYTOWN GOOSE 1404500 280900 1123600 CREEK STREAM ENH 806.HO.HR.0166 BATTLEGROUND 125000 25000 100000 AT DEERPARK 806.HO.MQ.0152 MAGNOLIA 154700 32000 122700 J STATION 806.LF.NA.0257 FREDONIA 212875 42575 170300 STREET REHABILITATION 806.LF.PK.0261 POLK COUNTY 200000 40000 160000 COURTHOUSE & ANNEX 8ci.LU.LU.0017 BROADWAY 3360000 672000 1625704 •\ STREETS CAPE 806.MP.MP.0091 REG. RSCH. 134696 26940 107756 PREHIST.ARCH. 806.PH.HG.0122 PRESERVATION 60000 12000 48000 OF SHARY BLDG 806.WA.ML.0127 UNIVERSITY 950000 190000 760000 PARKS TRAIL 806.WF.WC.0112 HOLLIDAY 240396 48080 192316 CREEK PED/BIKE TR.AIL 806.PH.CF.0265 ACQ/RESTORA 300000 60000 240000 CHAMPION BUILDING 806.YK.CD.0203 COLORADO 250000 50000 200000 RIVER INTERPRE. SITES TOTAL COSTS 165978046 39927843 $94714632 April 28, 1994 Page 8 EXHIBIT A .. EXHIBIT B RATIONALE FOR SELECTION OF PROJECTS AS LISTED IN EXHIBIT A Pursuant to Title 43, Texas Administrative Code, § 11.204, The Commission has considered all relevant data and has selected for development those projects listed in Exhibit A, based upon the rationale for each selection as follows: Fort Worth Trinity River Trail (FW.TR.0054) This project would add approximately six miles of trails to the existing 15 miles of trails. These trails are currently used primarily for recreation. Through a public relations plan, the City of Fort Worth will be encouraging the use of the trails for 'Short distance trips and commuting. Tarrant County is an air quality non-attainment area, and this effort should help in the reduction of traffic congestion and vehicular emissions. Harrisburg/Sunset Rails to Trails (HO.HR.0192) This project is a part' of the Buffalo Bayou East Sector Redevelopment Plan, and includes the creation of a heritage trail to connect a variety of sites. The Harrisburg/Sunset trail will use abandoned railroad corridors to create hike and bike trails with intermodal connections to Houston Metro, as well as connections to elementary schools and other community destinat-ions. Both neighborhoods include heavy users of transit, and these trails will expand this network, serving. to reduce traffic congestion and vehicular emissions. Milam County Courthouse {BR.MM.0011 l This project will restore the roof, clock tower and "Goddess of Justice" statue of the 1892 courthouse which were removed during the 1930s. Through this restoration, much of the beauty of this historic courthouse will be revived, and tourism opportunities will be increased because of the visual enhancement. Exterior renovations to this important historic structure will heighten the experience of the traveling public in Milam County. Bay Trail Hike/Bike (CC.NU .0106) This project provides a 17-mile bike and pedestrian way, from the Bayfront Barge Dock, through Texas A&M at Corpus Christi, to Flour Bluff at the Naval Air Station north gate. This bicycle and pedestrian way will allow for greater bicycle and pedestrian movement of commuters and recreational users, thus promoting alternate transportation modes. Marshall Depot (AT.HS.0245) The restoration of this historic transportation facility will serve a number of transportation · uses, including transit operations for Marshall as well as AmTrak service through Marshall. The depot has been, and will continue to be, the focus of year-round community events which positively impact the local economy. The renovations planned for the depot will also improve the visual nature of the surrounding neighborhood. College Station Bike Loop (BR.BZ.0199) This project provides for seven miles of bike paths, and designated bicycle lanes and routes. Connection is provided to Texas A&M, a substantial focus of bicycle commuting in the area. This project could decrease substantial traffic delay and parking problems at the University. Other links are planned for a re'gional mall, city parks, and the AmTrak station. The project promotes an efficient and safe alternate transportation mode. Old Blanco County Courthouse (AU.BC.0235) This project provides for the restoration of an historic courthouse. The courthouse, originally built in 1885, will be restored for use as a visitors' /discovery center which will enhance the experience of the general traveler as well as provide additional tourist dollars for Blanco County. West White Oak Bayou Trail (HO.HR.0189) This project provides for a bikeway corridor which links major thoroughfares with neighborhoods. The project will also provide connections to an elementary school, parks, and other community sites. Pedestrian bridges will improve safety, and the entire project will facilitate bicycle commuting. This pedestrian and bicycle corridor Exhibit "B" Page 2 of 25 provides for alternate methods of transportation, reducing traffic congestion and emissions. Caprock Canyons Trailway (MP.MP.0104) This project will convert a 65-mile stretch of abandoned railway corridor to a multi-use transportation facility. It will provide opportunities for alternative transportation through the southeast corner of the Texas Panhandle as well as preserving an historic transportation corridor. Historic San Antonio Mission Trail (SA.BX.0092) This project enhances the experience of the traveler·and increases appreciation of the local and regional cultural heritage in the San Antonio area, the most popular tourist destination in Texas. The increased tourism potential o.f the project also offers statewide benefits. In addition to the historic and tourism potential of the project, it will encourage multi-modal transportation in the San Antonio urban area, and provide for enhanced pedestrian and bicycle access to the historic San Antonio Missions. Waco Suspension Bridge (WA.ML.0126) This project will provide for structural repairs to this extremely significant historic bridge, which is considered a showpiece in Waco because of its appearance and its historical significance. Ornamental lighting will be enhanced in order to prevent vandalism. The bridge currently provides a pedestrian crossing of the Brazos River. Maintaining this important historic resource will continue to increase the potential for tourism in Waco and amplify the experience of the traveling public, both in actual use of the bridge and in viewing it from other vantage-points. Gainesville Santa Fe Railroad (WF.C0.0005) This project will renovate 'the historic railroad depot, a significant transportation facility, providing for a close approximation of the original look of the depot. The depot currently houses a museum, and is set up for AmTrak service (currently discontinued). The city of Gainesville considers this renovation to be consistent with the long-term transportation history including the stage routes which went through Gainesville. Exterior renovation will enhance the traveler's visual experience in Gainesville as well as increase tourism potential. Exhibit "B" Page 3 of 25 Fort Stockton Santa Fe Depot (00.PC.0028) This project is located in a promif)ent location in Fort Stockton, and would restore this historically significant property: This depot will be used as a visitors' information center which will directly benefit the general user of the intermodal transportation system. Improvements to the exterior of the depot will improve the travelers' visual experience of Fort Stockton. Harlingen Bike/Jogging Trail (PH.CF.0193) This trail, extending along the Arroyo Colorado, will provide intermodal linkages from Business 77 and U.S. 83 (connect five parks and provide access to over three miles of fresh water streams). In addition, there are commuter transportation opportunities because of the access to many residential neighborhoods. This project will be the basis for a greater network of pedestrian trails in Harlingen, reducing vehicular dependence and congestion. Comprehensive Urban Trail System (AU .TV .0231 l This project will extend and improve the existing 24-mile trail system in the urban core of Austin, to the point where it will function as an alternative transportation system. Gaps in the existing system will be filled, in order to provide effective alternate commuter routes. Development of an effective pedestrian and bicycle system will reduce vehicular congestion and emissions. Katy Trail Hike/Bike Trail (DL.DL.0313) This project will preserve an abandoned railway c6rridor for multi-use transportation, commuting and recreational purposes. The trail will provide alternative transportation opportunities from downtown Dallas and the Stemmons industrial area. The trail will parallel U.S. 75. This project should assist in efforts to reduce vehicular emissions in the Dallas air quality non-attainment area through reducing vehicular congestion. Denton Branch Rail/Trail (OL.DN.0335) This project will preserve · an abandoned railway corridor and convert it to use as a pedestrian and bicycle facility. Existing trestle bridges.will be preserved, and a historic depot will be relocated adjacent to the trail. The trail will parallel the IH 35 corridor and will provide an alternative transportat!on route for this congested area. Exhibit "B" Page 4 of 25 Medical Center/Greenway/Galleria Bikeways (HO.HR.0182) This project is included in the Houston Bikeway Plan, and plans bikeways for areas within a five mile radius of the Texas Medical Center, Greenway Plaza, and the Galleria. All three of these areas are substantial employment centers. Bicycle commuting will help Houston reduce vehicular emissions, and this project will assist in that effort. San Angelo Santa Fe Depot (SN.TG .0254) This project will restore a significant transportation facility, the historic Santa Fe Depot, as well as provide a transportation use as a bus terminal. The depot will also be used for civic government functions as well as other functions that are in keeping with the original character, intent and use of the property. Texas Historic GIS Database (TX.TX.0019) This project provides for development of a comprehensive database of historic resources throughout Texas. This database will allow for better resource management and will serve as an excellent statewide resource planning tool for archaeological and historic resource planning and development. Historic Belton-Bell County (WA. BL.001 2) This project will restore a 125 foot high clock tower which was removed during the 1930s and the 1950s, as well as restore the roof to what approximates its original state. Enhanced sidewalks, landscaping and lighting will also be provided in the downtown Belton area, in order to spur development and tourism. In addition, a sedimentation pond will be provided to filter pollutants from stormwater r.unoff. The project will restore an important visual and historic element in Belton and provide an environmental benefit as well. Hill County Courthouse (WA.Hl.0004) This project will restore an historic county courthouse which was partially destroyed by fire in 1993. The courthouse, which was built in 1890, housed county government until the fire. This reconstruction and restoration will allow this historically important courthouse to be returned to its original function, and will enhance the appearance of downtown Hillsboro. Visitors to Hillsboro will benefit from Exhibit "B" Page 5 of 25 a greatly enhanced visual experience, and an important symbol will be restored to the community, the county, and the region .. Boerne Corridors (SA.KE.0006) The Boerne area is a popular destination for hikers ·and bikers because of the Hill Country. This project will encourage alternative modes of transportation while preserving an abandoned transportation (railway) corridor. The project will also open up areas of Boerne to non-vehicular traffic, and thus, reduce vehicular traffic congestion . US 75 & SH 190 Recreation Trail (DL.C#.0295!. This project will provide a trail linkage under US 75, which will link the existing Renner Trail with the existing Spring Creek trail, and east Richardson with west Richardson. The trail will parallel Spring Creek and will link up with the proposed Plano River Walk located north of Collin Creek Mall. Short commuter and shopping trips can be more easily accomplished, either by pedestrian means or by bicycle, and some vehicular congestion and emissions may be reduced. Restoration of T&P (FW.TR.0057) The Texas Pacific Railroad depot, in the southern section of downtown Fort Worth, is planned as a intermodal transportation center. This project will restore the depot to its original state, and will return the depot to a transportation use. The depot will become the Fort Worth hub of Rail Tran, AmTRAK, and the center of Fort Worth bus transit service. There will also be intermodal connections for bicycles, including bike racks on buses. When completed, it wilt be the ffrst center of its type in Texas. Mission Dolores (LF.SA.01231 This project will restore Mission Dolores, which is listed on the National Register of Historic Places. A visitors' center will be provided, focusing on the Native American and Spanish cultures which have greatly influenced San Augustine. The Mission Dolores project also includes investigations into the history of the Old San Antonio Road in the area. The project should enhance the economy through increased tourism in the area. Facilities provided by the project will enhance the traveler's experience of historic San Augustine and Mission Dolores. Exhibit "B" Page 6 of 25 Midland Draws Hike/Bike Trail (00.MD.0029) This project will extend hike/b_ike trails along Midland drainageways, in order to increase non-vehicular access.· This project is a pilot project, with the hopes of extending these multi-use trails in Midland. Environmental enhancements, including wetland creation, linear ponds and slope stabilization are also included, making this project unique. Creation of the hike/bike network will result in decreased vehicular congestion and emissions. Boca Chica Scenic Acquisition (PH.CF.0120) This. project provides for the acquisition of property that is of the highest environmental quality in Texas. The property is home to a, variety of threatened and endangered species as well as a natural and undeveloped beach . This area is becoming increasingly developed, and this project will ensure that this property is retained as open space, providing a unique scenic and environmental benefit to the state and enhancing the appreciation of the traveller to the area. Refurbishment of Faust Street Bridge (SA.CM.0094) This project proposes to restore a rare and significant historic bridge, that has been out of service for many years. The bridge will be retained at its original site, and will be reopened for pedestrian and bicycle use. The project will prdvide an enhanced experience for the user of the transportation system, while also · encouraging pedestrian and bicycle modes of transportation. Pedestrian Walkway at 1st Crossing (SA.CM.0095) This project provides additional pedestrian access to the Guadalupe River,.the site of substantial recreational activity in New Braunfels. It will provide the growing number of pedestrians a safe walkway, and should improve the flow of vehicular traffic as well. Temporary toilet facilities will be provided during the peak tourist season. The project should reduce vehicular congestion. Katy Depot (West) Restoration (WA.ML.0119) This project will rehabilitate the historic depot in a historical park setting. Th_e depot will be used as visitors' center, museum and public meeting room. The park and the Exhibit "B" Page 7 of 25 depot will become a useful part of West's civic celebrations and activities, increasing tourism potential and enhancing the experience of the traveller. ·· Historic South Capitol Grounds (AU.TV.0223) The State of Texas is currently undergoing the most comprehensive restoration of any state capitol in the nation. This project will complement the restoration activities by renovating and restoring 27 acres of the original South Capitol grounds, which are included with the Capitol in the National Register of Historic Places. Appreciation of the Capitol and its grounds by the traveller will be increased, as will tourism potential. Grimes County Courthouse (BR.GM.0015) This project provides for the renovation and restoration of the Grimes County Courthouse, which is a part of the Anderson National Register Historic District. Extensive exterior work will be done to restore the building to its former appearance. Grimes County considers the courthouse to be an important part of its environment, and as such strongly supports this work. Appreciation of this important historic landmark will be increased, as will its tourism potential. Trinity Park Trails (OL . DL.031 5 l This project w ill provide a trail extending through Trinity Park which will link adjoining residential neighborhoods and the Central Business District of Dallas. In addition; .the trail will provide pedestrian access to large municipal concerts and events which occur in the park. By constructing this project, vehicular congestion and emissions in the Dallas air quality non-attainment area can be reduced. Fair Park/CBD Trail (OL.DL.0319) This project will construct a trail linking the Fair Park area of Dallas with the Central Business District. The trail will extend two miles to Gaston Avenue and will utilize an abandoned railway corridor. The City of Dallas plans it to be a commuter trail, to reduce traffic congestion and to reduce vehicular emissions in the Dallas air quality non-attainment area. Exhibit "B" Page 8 of 25 El Paso Mission Trail (EP.EP.0253) This project provides for four separate projects linked by the mission trail theme, as well as involving Old Socorro Rbad; which is rich in archaeological sites adjacent to it. The project offers the El Paso area an opportunity to develop an important regional segment of an historic trail system that once linked mission dwellers and settlers with destinations in Mexico, New Mexico, and beyond. Appreciation for local and regional cultural history by the visitor will be increased and the tourism potential of the area will be enhanced. River Legacy Parks Trail (FW.TR.0044) This project involves the extension of the existing River Legacy Trail, and will link the trail with S. H. 360, for a total extension of five miles. There is also a link to FM 14 7 involved, which provides a link to another major thoroughfare. This project has the potential to reduce vehicular congestion and emissions in the Fort Worth air quality non-attainment area. OSR Historic Highway Program (SA.AT.0031 l The Old San Antonio Road (OSR) has been identified by Scenic America as one of the nation's 20 most important national scenic byways. Scenic America has also identified the OSR as one of the ten most endangered scenic byways, as the educational value and identity of the route is being lost. This project will provide planning, design and development activities along the route in Frio, Atascosa and Medina Counties and will assist in the preservation of the route. Traveller and visitor appreciation of the local and regional historic heritage will be increased. Phase 1 &2 Rails[frails (TL.SM.0344) This project will use an abandoned railway corridor to link Tyler and Bullard. The trail is planned to have signs, security phones, bollards at crossings, and some pavement and lighting. In addition, a trail head and rest area will be provided. Eventually, the trail is planned to link with other trails in the area. Enhanced pedestrian and bicycle facilities will promote development of these alternate modes of transportation. Exhibit "B" Page 9 of 25 Ft. Richardson State His. Park (FW .JA.0038) This project will provide for approximately 11 miles of hike and bike trails within the Ft. Richardson State Park, and will be done in conjunction with a separately funded effort to provide additional campsites and other amenities. The project should substantially increase recreational tourism, a goal of the City of Jacksboro. Enhanced facilities for pedestrians and bicycles would aid in the promotion of these alternate means of transportation. Lamar Bridge Pedestrian/Bike Facility (AU.TV.0222) This project will enhance the usage of the Town Lake Hike/Bike trail, a heavily used facility in Austin. Currently, pedestrian traffic along the bridge is not safe, and the pedestrian facility will provide a safer crossing, as well as increased access to a variety of popular Austin recreational and entertainment locations. This project will encourage multi-modal transportation in this area of Austin, reducing vehicular congestion and emissions. Pflugerville Bikeways (AU.TV.0233) This project would link Gilliland Park and Railroad Avenue, including a·grade separated underpass at FM 685, providing opportunities for bicycle transportation in the Pflugerville area. In addition, the historic Dessau Road bridge will:be relocated to Gilliland Park for its preservation. The bridge will be used for pedestrian access, thus returning the bridge to its original function. Carnegie Library Rehabilitation !BR.BZ.0197) This project involves renovating the oldest remaining Carnegie library in Texas. The building is located adjacent to a trolley route of the Brazos Transit Service-in Bryan, and will be a part of other revitalization efforts in the area. The building, currently in disrepair and unused, will be renovated to serve as a tourist information center, providing for an enhanced visitor experience and increasing tourism potential. Goliad Hike/Bike/Nature Trail (CC.GD .0105) This project will provide pedestrian and bicycle access to several historic sites along the San Antonio River in Goliad. Goliad is a popular tourist area in south Texas, so this project will enhance tourist opportunities as well. In addition, the project sponsor Exhibit "B" Page 10 of 25 will be using recycled plastic lumber, which is environmentally as well as technically sound since the lumber will better withstand the wear and tear of pedestrian traffic. Bernal/Canada Hike/Bike (DL. DL.0312) This project will provide a link for several existing parks through a greenbelt. One terminus is the West Dallas public housing project, and the other terminus is a link with Trinity Park. The trail will provide access to schools and residences as well as to the parks. This project should assist in reducing vehicular emissions in the Dallas air quality non-attainment area. McKinney Ave. Trolley Extension (DL.DL.0321 l This project will provide an enhancement to the McKinney Avenue trolley system. The West End of downtown Dallas has many businesses, restaurants and tourist activities. This project should provide some measure of congestion relief in that area, increase visitor appreciation, and increase the tourism potential. Houston Street Viaduct (OL.DL.0324) This project will rehabilitate elements of a bridge included in the National Register of Historic Places. The bridge is still in use, and this restoration and rehabilitation will ensure the bridge's continued viability as transportation carrier in Dallas. Additionally, cosmetic restoration will improve the appearance of the structure, and will also prevent continued deterioration. N. Electric Multi-Use Trail (FW.TR.0078) This project will provide a trail for pedestrians and bicycles, and will complement existing trails and trails under construction. Access will be .provided to local business and neighborhoods, and eventually the trail will link to a regional mall. The area serving the trail currently experiences substantial traffic congestion, and the trail should assist in the reduction of vehicular emissions in the Fort Worth air quality non- attainment area. Exhibit "B" Page 11 of 25 Texas City Trails (HO.GV.0144) This project will provide for a 2 J ,OOO..,linear foot greenbelt corridor, varying from 30 to 100 feet in width, through' the Texas City central activity center, parks, and neighborhoods. The trail will consist of a six-to eight-foot wide surfaced hike and bike facility which will provide linkage to two highways. Covered rest shelters, some lighting and other amenities will also be provided. Texas City is within the Houston air quality non-attainment area, and as such, vehicular emissions should be reduced. This project would assist in that effort. CBD Access On-Street Bikeways !HO.HR.0181 l This project is planned to provide additional bicycle commuting opportunities in the Houston CBD. It consists of linking bike paths through downtown, as well as providing for new on-street lanes. Given Houston's status as an air quality non- attainment area, this project should assist in efforts to reduce vehicular emissions by encouraging bicycle commuting. The Great Texas Coastal Birding Trail (MP .MP .0023) Texas currently has a coastal highway system which can be· used to promote eco- tourism, by linking approximately 50 known birding sites. Each site will be marked with a sign and map. There will also be an interpretive guide for the trail, which could be used by both Texas and national birders. The project will enhance the experience of the travelling public. DeMorse Restoration Project (PA.RR.0002) This project would restore this Clarksville home, which is listed on th.e National Register of Historic Places. The restoration would include exterior renovations as well as some landscaping. Upon renovation, the DeMorse home will be open for monthly tours, and will also be used for holiday and special events, serving as a community resource and a tourist attraction. Edinburg Southern Pacific Depot Restoration (PH.HG.0100) This project would restore a historic transportation facility, the Southern Pacific Depot in Edinburg, which has been vacant for ten years. The depot is currently in a state Exhibit "B" Page 12 of 25 of disrepair because of vandalism. When the renovation is complete, the depot will be used as a visitors' center that will include a historic train exhibit. Ultimately, the depot may eventually be used for railroad traffic with the development of a tourist train in the Rio Grande valley. · Hike/Bike Trail along Bicentennial (PH.HG.0101 l The McAllen area currently has a thriving community of bicyclers .. This trail would enhance existing trails and provide more efficient multi-modal linkages along the route. The project also offers scenic beautification benefits through xeriscaping and traditional landscaping. Roma Restoration Project (PH.SR.0099) , This project will restore nine properties in the Roma National Historic Landmark District, and will be a part of the Los Caminos del Rio Heritage Project. Roma was founded in 1765 and was an important Rio Grande shipping port. Included in the restoration is a transportation and landscape plan to integrate elements of the multi- modal transportation system. Walnut Hills Link Hike/Bike Trail (TL.GG.0339) This project would use an abandoned railway corridor and a creek bed to connect a new trail with an existing trail. The trail would provide a link with several streets, and is a part of the City of Longview's long-term plans to create a trail system. Creek beds are used to preserve floodplains from intensive development, and to promote non-polluting modes of transportation. County Courthouse Documentation (TX.TX.0020) This project will provide documentation for 50 historic county courthouses, to ensure that this important public building type will be preserved. The project will benefit not only statewide historic preservation data bases, but will also benefit local governments by providing information on continuing preservation ideas. Courthouses are often integral in providing a commun.ity's identity, and still serve an important civic function. They serve as important local and regional landmarks and enhance the experience of the travelling public. Exhibit "B" Page 13 of 25 Riverwalk Hike/Bike Bridge (WF.WC.0116) This project involves moving a 1910 bridge to a new location in Wichita Falls, in order to link two bicycle trails, as well a$ linking a multi-purpose Events Center to be developed in the future. The project will encourage tourist access, access to current users of the trail system, and will encourage bicycle traffic through easier access. Depot Civic & Cultural Center (BW.BR.0009) This project will restore an historic depot and Harvey House restaurant in Brownwood to serve as a community center. The center will be used for public and private meetings, and a restaurant will occupy the Harvey House site. In this way, a steady stream of users will be provided, and the center will enhance downtown Brownwood as well as creating tourism opportunities for Brown County. Bike Lanes Along N. Tarrant (FW.TR.0087) This project will provide an on-street bikeway along North Tarrant Parkway. The project will link Smithfield Road and Precinct Line Road. North Tarrant Parkway is a major thoroughfare in North Richland Hills, and as such, the project will link bicyclists with residential neighborhoods and commercial stops. This project should assist in efforts to reduce vehicular emissions in the Fort Worth air quality non-attainment area. Heart of the Hills (SA.KR .0093) This project will offer a system of bicycle and pedestrian trails in Kerrville, in an area where a large portion of the population ·walks arid bicycles. It will also provide a means for accessing the downtown area for shoppi!1g and other commercial trips. Currently, the downtown area is suffering due to a lack of parking. Through this project, people can park nearby and walk downtown, thus encouraging pedestrian and bicycle use. Tyler's Cotton Belt Depot Rehabilitation (TL.SM.0343) This project involves the acquisition of land beneath the existing depot and adjacent to the depot. The depot will be renovated and landscaping installed. The depot is planned for general community uses including a visitors' center, specialty retail shops Exhibit "8" Page 14 of 25 catering to the tourist trade, and other public uses. The depot project is considered a part of a larger revitalization effort in downtown Tyler. Renovation of Rabb-McCollum Building (AU.BP.0242) This project w ill provide for the restoration of this building which was built in 1907. The building will be used as a theater and auditorium, as well as for meetings. The Rabb-McCollum Building has traditionally been <:1 well-known focal point in Smithville. The project is a part of Smithville's ongoing efforts to revitalize their downtown, providing an enhanced experience for the trave'ller and increasing tourism potential. Fort Martin Scott (AU.GL.0237) Fort Martin Scott was established in 1848 as the fifth U.S. fort in Texas. The project provides for archaeological investigations, the reconstruction of fort buildings, and landscaping. An interpretive center will also be provided. Visitors traveling U.S. 290 in the Texas Hill Country will have easy access to the site. Hays County Courthouse (AU.HY.0225) The restoration and rehabilitation of the courthouse will enhance the visual impact of the downtown area of San Marcos. The project will also create the opportunity for more county business to be done in the courthouse, to centralize operations. The courthouse will be more accessible to citizens, and the experience of the traveller will be improved. Dripping Springs Community Garden (AU.HY.0227) This project will create a community garden from an existing and unsightly maintenance yard at the entrance to Dripping Springs. There will be a walking tour of the garden, which will include native plants and other flora. Also included will be an unmanned information center to inform tourists about Dripping Springs and the Texas Hill Country. The visual experience of the visitor to Dripping Springs will be enhanced, and its tourism potential increased. Exhibit "B" Page 15 of 25 Billboard Inventory (AU .TV .0213) This project will provide a complete inventory of all billboards within the city of Austin and its extraterritorial jurisdiction. Through this inventory, the city can more effectively determine which billboards are in compliance with city ordinances, and more effectively enforce these ordinances. Control of billboards will aid in the preservation of scenic and historic viewscapes and increase the appreciation of the travelling public. Granger Community Depot/Library (AU.WM.0221 l This project will renovate a historic depot, which still welcomes travelers on the AmTRAK system. The depot will also include a library, a museum, and visitors' center. The city of Granger is involved in an ongoing downtown revitalization, and this depot will be an important part of that effort. Chambers Co. Phase 1 Galveston Bay Loop (BM .CH.0167) This phase will provide planning for a three-phase project to acquire easements for wildlife viewing, nature trails, wetlands conservation/preservation and other items. Eventually, the project will be a part of the larger Texas Coastal Trail. The project will assist in efforts to acquire sensitive and valuable wetlands and habitat, as well as supporting eco-tourism. ' Rockwall County Courthouse (DL.RW .0301 l This project will renovate the Rockwall County Courthouse, originally constructed by the Works Progress Administration from 1938 -1940.' The renovation will include a pedestrian plaza, exterior renovation of the courthouse, and the reconstn.iction of a bandstand. All of the renovations are anticipated to improve the appearance of downtown Rockwall and to encourage community events at the heart of Rockwall County. Renovation of the Courthouse will enhance the experience of the traveller and increase tourism potential. Renovation of Historic Post Office (FW.JN.0049) This project involves renovation of the Old Cleburne Post Office. The building will then be used for city office space, including a tourist information office. The_ City of Exhibit "B" Page 16 of 25 ' ' Clebuq1e considers this project to be important for enhancing the appearance and activities of downtown Cleburne, enhancing the experience of the traveller and increasing tourism potential. The Trails of Euless. Phase I (FW.TR.0051 l This project will provide a pedestrian and bicycle trail which will parallel Mid-Cities Boulevard, and which will link S. H. 121 and S. H. 360. The project will link residential neighborhoods,· employment areas, commercial sites and parks. This project should assist in efforts to reduce vehicular emissions in the Fort Worth air quality non-attainment area. Grapevine SH 26 Pedestrian Trail (FW.TR.0061 l This project involves the construction of three miles of trail which will connect north and south Grapevine. The project will link pedestrians and bicyclists with existing and proposed trails, and will eventually link with downtown., Grapevine. This effort should assist in efforts to reduce vehicular emissions in the Fort Worth air quality non- attainment area. East Brays Bayou Trail (HO.HR.0187) This project is a part of the Houston Comprehensive Bikeway Plan. An existing trail will be upgraded, and connections to on-street bikeways will also be provided. Links with surface streets will be provided. This project can assist in efforts to reduce vehicular emissions in the Houston air quality non.:attainment area. West Brays Bayou Trail (HO.HR.0188) This project is a part of the Houston Comprehensive Bikeway Plan. Part of this trail provides for access to the Texas Medical Center, a major employment center in the area. Multiple links with other transportation modes are included. This project can assist in efforts to reduce vehicular emissions in the Houston air quality non- attainment area. Exhibit "B" Page 17 of 25 ' ' Acquisition/Preservation of Benavides House (LA. WB.0251 l This project would preserve and restore a historic property in Laredo. The property is currently in danger of demolition. The family that originally built the home was integral in Laredo's development. The home will be used as a museum or visitors' center, increasing the appreciation of the visitor. Relocation/Restoration Old Iron Bridge (LF.SA .0260) This proje.ct will relocate and restore a bridge considered eligible for the National Register of Historic Places in San Augustine. The bridge will be located to a nearby park and used for pedestrian traffic. The bridge will also link the Mission Dolores to adjoining areas. There is a great deal of local interest in preserving this bridge through relocation and restoration. Rare Antique Engine Shelter (PH.CF.0266) This project will provide a shelter for a rare, narrow gauge railroad engine, part of the rolling stock of the Rio Grande Railroad, the first railroad in South Texas. The shelter will be closed on three sides, with one side open for viewing. A wrought iron exhibit will surround the shelter. The engine and its shelter will be housed next to the Historic Brownsville Museum, increasing the experience of the travelling public and increasing tourism potential. Comfort RR & Heritage Museum (SA.KE.0033) The project will provide for the renovation and restoration of an historic depot. The depot will become a museum and visitors· center focusing on railroads in the Comfort area, and is located in the National Register Historic District of Comfort. ·Comfort has a number of tourist attractions, and they consider this depot to be an important part of Comfort's tourist efforts. Recordation/Repair of Tx. His. Markers (TX.TX.0021) This project will inventory and repair official Texas Historical Markers statewide. A computer data base will also be developed, as well as a comprehensive reference manual. These markers are important to the communities in which they are located, and also provide interesting information for tourists. Their inventory and upkeep will provide long-term enjoyment of the markers by the travelling public. Exhibit "B" Page 18 of 25 .. . Outdoor Sculpture Conservation (TX.TX.0022) A comprehensive survey and inventory of outdoor sculpture by the Texas Historical Commission has established the need for restoration or stabilization of a number of outdoor sculptures (public art) located throughout the state. The sculptures proposed for restoration through the Statewide Transportation Enhancement Program were chosen based on proximity to the intermodal transportation system and the immediacy of the need for renovation. This project will fund the restoration and/or stabilization of 10 critical examples of public art. An "Adopt a Monument" program is also planned to increase community involvement and pride in local outdoor sculptures. These sculptures serve as tourist attractions as well as symbols of our Texas heritage. Gonzales Alternate Transportation .(YK.GZ.0129) This project will provide a significant link between the existing U. S. 183 and the realignment of U. S. 183 currently in progress. This link will provide multi-modal access to a visitors' education center, and access to Gonzales' downtown and historic areas. This center will focus on the rich and culturally diversified history of Gonzales are also included in this project. Rehabilitation·of Monroe Shops (DL.DL.0333) This project will renovate an historic transit vehicle maintenance facility to provide for an adaptive reuse of a presently abandoned building. The adaptive reuse plan will include a mix of retail, office, and service facilities and a transit police substation. A transit theme appropriate to both the building's historic use and its current location will be incorporated into the renovation. The facility will include pedestrian walkways·, landscaping, and site amenities. Landscaping on Six Flags Drive at SH 360 (FW .TR.0041 l This beautification project will improve the appearance of a segment of Six Flags Drive between the northbound frontage road of SH 360 and the entrance/exit ramps from 1-30, a route which is the primary exit from 1-30 to Arlington tourist attractions. The project will provide a positive image of the City of Arlington for over 50,000 vehicles per day, in an area frequently visited by travellers and tourists. Exhibit "B" Page 19 of 25 ... I.. Texas State Railroad Renovation (TL.CE.0341 l The project will replace nine deteriorated railroad bridges on the historic Texas State Railroad. This line, which runs from Rusk to Palestine, providing access at both locations, is a state historic park and a historic transportation facility. Replacement of the bridges will make the railroad less vulnerable to flooding, allowing it to remain in service during periods of heavy rainfall and preventing significant losses of revenue, increasing enjoyment by the travelling public and increasing tourism potential. Lady Bird Johnson Park Beautification (AU .GL.0219) This project would provide landscaping, rock planters and a rock wall enhancement of the park, including the entrance along S. H. 16. In addition, a special irrigation system will be provided. The park, which has been listed as the 14th most popular park for visitors in Texas, is an important element of tourism in Fredericksburg. Austin Convention Center/Downtown Rail (AU.TV.0240) The project involves the preservation and rehabilitation of 1 6 miles of railroad line that traverses Austin from the Austin Convention Center to McNeil. The Hill Country Flyer, which is currently a popular tourist and recreational operation,· would be extended to include this route. The Austin Steam Train Association, the project sponsor already has rolling stock sufficient to add this additional service. Preston Ridge Trail Project (OL.C#.0292) The project will provide for 4 miles of pedestrian/bicycle trail with associated improvements including a ten-foot concrete trail way, drinking fountains, benches, and signage. The project will provide for a direct pedestrian/bicycle link between and access to several neighborhoods in west and central Plano. It will also link two major commercial corridors and three major outdoor athletic complexes. Provision of enhanced facilities for pedestrians and bicycles will reduce vehicular congestion and emissions. Rowlett Creek Trail (OL.C#.0298) The cities of McKinney, Allen, Plano, Richardson, Garland, and Collin County have joined in a cooperative effort to develop a multi-use trail in the Rowlett Creek Corridor. The total length of the system is some 25 miles. This enhancement project provides Exhibit "B" Page 20 of 25 ... for that portion of the trail in Richardson, extending from the south city limit to the north city limit for a length of 1.5 miles. The trail will be used by commuter and recreational bicyclists, joggers, and walkers. The project is a key link to providing a regional trail system which will link the cities involved, thus providing for an inter-city pedestrian and bicycle network. Train Depot Restoration -Terrell (DL.KF.0304) This project will restore the depot (currently vacant), which has been determined eligible for listing in the National Register of Historic Places. After renovation, the depot will be used as the headquarters of the Kaufman County Senior Citizens Services, Inc., and will include operations of the Kaufman Area Rural Transit System (KARTS). This project would return the Terrell depot to a transportation related use. Heritage Center (FW.JN.0039) ' The project will restore an old · Santa Fe Railroad Depot in the City of Alvarado and return it to public service as an information center, meeting center, function facility and museum. Implementation of the project will result in the restoration of a valuable historic resource to the community as well as providing for its continued use as a community resource and increasing the experience of the travelling public. Fish Creek Linear Park Acquisition (FW.TR.0045) The project provides for acquisition of 75 heavily wooded acres of floodplain in order to preserve wetlands and provide for water filtration and mitigation of pollution due to highway runoff. In addition, the corridor will also be preserved for future development of a pedestrian and bicycle trail. Construction of this trail will conform with the Arlington Bikeway Plan, which P!ans for a city-wide network of b.icycle and pedestrian trails, a development which: will decrease vehicular congestion and emissions. Bicycle Transit Network (FW.TR .0056) The project will allow the Fort Worth Transportation Authority to develop a Transit Bicycle Network involving installation of bicycle racks on regular route buses, and at park and ride lots, and the proposed lntermodal Transportation Center. This will allow a bicyclist to travel on his or her bike and have access to public transportation, adding another dimension to the intermodal transportation network in Fort Worth and the Exhibit "B" Page 21 of 25 surrounding region and promoting the use of this alternate means of transportation, with a decrease in vehicular congestion and emissions. Grapevine Section Foreman's House {FW.TR.0062) The project will provide for restoration of a historic Section House to serve as the focal point of the Grapevine Heritage Center Museum. Landscaping of the surrounding 3.5 acres will be included. This restoration will enhance the experience of both businesses and tourists in Grapevine, an intact late nineteenth century farming community preserved in the midst of urban sprawl. The Grapevine Heritage Center complex will create a symbolic and visual gateway to the historic town center, an increasingly important tourist attraction and viable business center. Bellaire Blvd. Beautification {HO . HR .0142) This comprehensive landscaping project will provide for a scenic corridor through the City of Bellaire. Landscaping of the esplanade will improve an area currently used as a community gathering place. Improved pedestrian and bicycle circulation along Bellaire Boulevard will also be accommodated, serving as an enhancement to both pedestrians and bicyclists. Tomball Railroad Depot Hike & Bike Trail Burroughs Park {HO.HR.Ot49) The project will move and restore a rare and historically significant Trinity and Brazos Valley Railroad Depot in Tomball. This ·structure is in danger of being lost, and this project will not only preserve it, but make it available to the community as a park facility. Baytown Goose Creek Stream (HO .HR .0154) This project is a multi-faceted proposal which includes construction of pedestrian/bicycle facilities, scenic enhancement, landscaping and beautification, removal of billboards, historic preservation of a Civil War boat construction yard and Humble Oil Field, archaeological planning and research at these sites, and construction of a visitors center. Th~ project will also provide for the development of wetland vegetation and provide access to properties, businesses and facilities along the greenbelt corridor. The entire project corridor is located in a state-designated Enterprise Zone which is a severely distressed 'area. The project will promote pedestrian and bicycle access to the older commercial center. Exhibit "B" Page 22 of 25 • Battleground at Deer Park Historic Bridge Relocation (HO.HR.0166) The project provides for the relocation of a historically significant metal truss bridge, which is currently planned for' replacement as a vehicular facility. The proposal provides for an appropriate reuse of the bridge in a municipal golf course in the City of Dear Park. It will be restored and placed on new abutments with a manmade stream system flowing underneath. In this setting, the bridge can continue to function in public service, and will receive appropriate maintenance. It will contribute to the historic character of the golf course, located in the vicinity of the Battle of San Jacinto. The course will have a Texas Revolution theme and has already been named the Battleground at Deer Park. Magnolia Station (HO.MQ.0152) This project will restore the historic Magnolia Station, a historic railroad depot, for use as a community tourist information center and railroad museum. The project will provide for restoration of the exterior and interior of the depot, as well as for landscaping . The project will provide for restoration and continued use of a rare depot type and restore it to community use. Fredonia Street Rehabilitation (LF.NA.0257) This project will rehabilitat~ Fredonia Street in Nacogdoches. The s~reet will have the original brick (currently used as road base) cleaned, and placed at grade level when the sub-grade street materials have been improved. This will not only return Fredonia Street to its original appearance, but will also allow for safety improvements. Restoration of this historic transportation facili.ty will enhance tourism and the appreciation of the travelling public. Polk County Courthouse (LP .PK.0261 l This project involves the renovation and restoration of the Polk County Courthouse, which was constructed in 1923, and the courthouse annex, which was constructed in 1905. Polk County wants to continue beautifying Courthouse Square to improve the appearance of downtown Livingston. The courthouse and its annex occupy a prominent location in Livingston, and its renovation and restoration will increase the appreciation of the travelling public and increase its tourism potential. Exhibit "B" Page 23 of 25 • Broadway Streetscape (LU .LU.0017) This project involves developing Broadway Street in Lubbock to a visual corridor linking the central business district of Lubbock with Texas Tech University on the west and the Canyon Lakes and East Lubbock on the east. Plans would enhance the corridor with landscaping and beautification, park benches, an entrance to MacKenzie Park, as well as a sidewalk to connect with an _existing system of hike and bike trails. Regional Archaeological Research -South Texas (MP.MP.0091 l This project involves the development of an integrated approach to the management of prehistoric archaeological sites as encountered by transportation related projects. The research design would provide an excellent framework for determining the eligibility of prehistoric sites for nomination to the National Register of Historic Places. The project would assess prehistoric sites in TxDOT's Corpus Christi, Laredo, Pharr, San Antonio and Yoakum Districts. Preservation of the Shary Building (PH.HG.0122) This project will renovate the Shary Building (built in 1938), used for numerous commercial enterprises integral to the City of Mission. Currently, the building is used by Mission for civic functions. After renovation, the building will be used to provide a center for walking tours of Mission. The Shary Building is eligible for the National Register of Historic Places, and its renovation will enhance the appreciation of the travelling public and increase tourism potential. University Parks Trail (WA.ML.0127) The project provides for a pedestrian and bicycle trail which will connect the Waco Riverwalk and downtown Waco to Cameron Park and the Cameron Park Zoo. The trail will be surfaced and lighted for evening use, and will form an important part of an alternate transportation system and providing a viable alternative to vehicular transportation. Holiday Creek Pedestrian & Bicycle Trail (WF.WC.0112) The project provides for a 1.42 mile long, 12' wide, pedestrian and bicycle trail providing access from FM 369 (Southwest Parkway) to MH 7 (Midwestern Parkway) adjacent to Holiday Creek in Wichita Falls. The project connects two major traffic Exhibit "B" Page 24 of 25 • • thoroughfares and will provide an all-weather path which wil.I encourage use of alternate means of transportation. Acquisition/Restoration of Champion Building (PH.CF.0265) This project involves the acquisition of the historic Champion Building in Port Isabel. The building, built in 1899, would be used as a museum and multi-cultural center. The City of Port Isabel considers the building to be a centerpiece tourist attraction focusing on Port Isabel as the first port of entry to the Rio Grande Valley. In addition, a pedestrian and bike path will be provided to access all four corners of the property. Colorado River Interpretive Sites (YK.CD.0203) This project would develop two sites along the Colorado River in Colorado County, near Columbus and Altair. The sites would focus on the historic commercial use of the Colorado, including cargo and passenger uses. The sites would also include the observation of natural resources of the Colorado River, as well as some educational resources. The sites would include parking and roads, interpretive displays, and viewing platforms along the river corridor. Note: while the Transportation Enhancement Project Evaluation Committee (TEPECJ scores were included in data provided to the Commission, the Commission is not bound by these scores or other TEPEC recommendations and comments in the selection of projects for funding, pursuant to § 11.204 of the Rules. Exhibit "B" Page 25 of 25 ATTACHMENT 5 PROJECT LOCATION INFORMATION COLLEGE S TATION BIKE L OOP Statewide Til'anspo:rta tion Enhancement Program Legend: -Bike Poth -Bike Lone -Bike Rouie Bikewoy lvioster Pion 0 l·leV·' Bridge D Box Culvert Cr-ossing tll' City Pork A Schcol /J.. .6.parimen-i l-Aulri-'orri" SCALE 0 I-·-· _,,_,_ __ _ ATTACHMENT 5 PROJECT LOCATION INFORMATION COLLEGE STATION B IKE LOOP St8 t •·wide Trans p ol'tation Enhancemen t Pl'og ram Legend: -Bike Pcith -Bike Lane -Bike Rouie Bikewoy lv1osi·e1· Plo1- • New Bridge D Box Culveri Ci-ossin g fi= City Pork ;i. Sc heal /l. Apcrimen-IJ.Aulri -Fo!"- c 1-- PROJECT NOMINATIONS for Statewide Transportation Enhancement Program B-CS BIKE MAP COLLEGE STATION BIKE LOOP BRYAN COLLEGE STATION BIKE MAP B-CS BIKE MAP •RATES SAFETY OF STREETS FOR BIKE USE • JOINTLY SPONSORED BY BRYAN AND CS • ASSISTANCE FROM TEXAS BICYCLE COALITION • 10,000 COPIES PLANNED • $3K LEVERAGES $30K CS BIKE LOOP COST ESTIMATES •BIKE PATHS $5841{) (50%) ~1 . ~ /. - •BIKE LANES ( $27K , (2%) )2 •BRIDGES Cfl94JY (17%) !~ % • CULVERTS 2fl8K /) (20%) t <(; ?b (j}i)~ •DESIGN /}0151 $106K (9%) JZ eROW $21K (2%) ) 7u CS BIKE LOOP FINANCIAL CONSIDERATIONS • $180 MILLION AVAILABLE • MAY NOT BE ANOTHER CHANCE • REQUIRES $270K LOCAL MATCH • $270K LEVERAGES OVER $1 MILLION • FUNDING OPTIONS: -BUDGET FOR FY'S 95-97 -USE C.O.'S COLLEGE STATION BIKE LOOP ATTACHMENT 3 C RTIFICATION OF FUNDING COMMITMENT -~--... :.:·'.···;:;~-\)~.~\v.~.t;~·vt@1·--~-~. v~~l;\\r1~t-~>·tvf~1·;~\Wf~\v ·r;~1~1\·~1~~-\vtc;;"@':.;..-~)-::z.5'. .-.,, ~-i:\\'··· iB-lUlll!]j.r . WllU. _.,·illHl~·>UJll!J ·" tl.!J1f8J~:.: Ull~ -~ . Ullti.l ·~LUJ-Uill.~l '~, '1 c.:V •. .. '~~;. ~ ·•• .... ·· .. . ~-RESl~LUl'1:: :o~·l0 -28-93-9 ....... -¥~~~!~;;; ·:~-. : RESOLUTION AUIBORIZING IBE MAYOR TO SIGN AND SUBMIT A PROJECT NOMINATION · 1~ ,,:~ FOR THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM PROVIDED FOR BY ,_,.~ 1:.l1f~} THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 (!STEA) AND TO ~j~ ·~. COMMIT THE CITY OF COLLEGE STATION TO PROVIDE A LOCAL MATCH OF TWENTY (20) ~~;" ~:1;11; •• ·-· PERCENT OF THE PROJECT COST. • :l):~;~n~:~ ~(@~,·. WHEREAS, The City of College Station is committed to improving the quality of life thorough the . ·_{~_:._··----~-;·.· ''::' ~ development of the "College Station Bike Loop" which will provide appr11ximately seven (7) miles of new __ ::~~:·:~j bikeways in College Station; ~~: £@ WHEREAS, the College Station Bike Loop is in keeping with the Council Issue of a Bicycle Friendly fi)'n ~~~ Community and in accordance with the College Station Bikeway Master Plan; ; --·:.J/ ~~--· ~· WHEREAS, The College Station Bike Loop will encourage and promote bicycling in the city; ·· .··~ ~ WHEREAS, Som< of tb< "''""" to bicycJ;ng incfod< imp1ov<mrnt in individn•I b<dtb •nd fitn<ss, • ~ ,1Jr.;1•·· J reduction in motor vehicle traffic, a reduction in air and noise pollution, increased transportation ! .. .,11!1I,,,. opportunities for those without motor vehicles, and an enhanced sense of neighborhood and community -~ ,,,ei · · · · b b. r --~'\ ~ ~; through rncreased personal 1nteract1011 etween 1cyc 1sts and others; ~~}/ -~.,;;.~C WHEREAS, The Statewide Transportation Enhancement Program is a proactive community enhancement ~~"'· ( .. _:'._tt.~-=--·.,:'.. ~:~~~;~~:1h1~;,tf:~~~:;es funding for a broad range of transportation-related activities including bicycle and :.~\\ . --.;:; . :c:::.-;;· ~,· \:~ ~ ~'·· ·cR .:. ·::;i·~i':.~ WHEREAS, The Statewide Tra nsportation Enhancement program is a co:<t-reimbursable program whereby ! ... ~· r ~~ funds are eligible for reimbursement of up to eighty (80) percent of the total project cost; ~ ·:'\ ('.XJ~~ NOW, THEREFORE, BE IT RESOLVED: . ~~~9 :~ ~ ~-·R"_:;_::_:~_·_ .<.::: .. :..-.:.::. I. /;;r ~-. .' •,--. '· • ~~ Thill the mayor is hereby authorized to sign the project nomination forn1 nf the Statewide Transportation ~'.'2~) .:;,~--~ Enhancement Program for the devi:-lnpment of the "College Station Bike Loop"; i~:::: (,/_._.::·•··,··-~_:_:_=_;_~_-.~.~.-.~;. II. Z:~ ·. -~ /:::2) // ~-;--.-·,I ·::~:·1~ Thil l the City Council comrnits a local match of Twenty (20) Percent or the allowable t'C.lS{S identified in t:-.. · >...-. ~ ... : _,_·-..;., th e program; and, ,:!'_,-··:.~.' ·.: ---·· ·. . , ___ . -,~:~:-~-~ ;·:~~~-~ i ; :. ~~:~ (; : ·. --·-...... _-_ III. Tha t this Resolu tion sh;ill he cffl'ctive immedia tel y upon adoption. APPROVED AND ADOPTED at a regular meeting on the 28th day of October, 1993. ~~ Connie Hooks ADOPTED: ~cs= __ ..... ,,_ •. ·· .• \\ ·---. . ! : .:·: r ATTACHMENT 3 C RTIFICATION OF FUNDING COMMITMENT ·~::·.,\~(~~\Mfi;Yt~V4hllYl~tiv{&fu1\!'iillfu\v1~\v(f:~~>~t?: '(\-..;::J./t} C.t; • ·•~ • ·•··-r -··::: ·;,· • ., ~ ...... --·•· • .~.: "•• • .. ,L~ . .J----••• _.\. ·.. • •• •• • ....... -l~ ': ~f:.{ \3 ... ~:l •:' '.~-~~.::SJ·~~. RESOLlHION NO. 1 0-28-93-9 ,.;_\'>~:-::'~~·.,.?: ~ .......... ~ ... "' """··"···.,·:. -i .,::~1-.:.·~:-"1·:-:. : RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND SUBMIT A PROJECT NOMINATI.~N -·~~1·-·1·;~::' -:~ FOR THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM PROVIDED FOR BY . .-;..,,,~':•· .,.... .,~""''' ,{'@._~ THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 (ISTEA) AND TO ~j:; ·~~ COMMIT THE CITY OF COLLEGE STATION TO PROVIDE A LOCAL MATCH OF TWENTY (20) ~~f'. ""~-..... -·-...... -• ..,;<-:; "'"Ulu•· PERCENT OF THE PROJECT COST. . ... 0n1r.•"· -~ ~(~1 WHEREAS, The City of College Station is committed to improving !he quality of life thorough the f~·'._, ~ _ development of the "College Station Bike Loop" which will provide approximately seven (7) miles of new . _ -~_/ •11•11u111·· -, bikeways in College Station; ,111111111• ~ § ~~ WHEREAS, the College Station Bike Loop is in keeping with the Council Issue of a Bicycle Friendly f,~j::) ~l Co111munity a11d 1·11 ~c~ord~11ce w1.th the College Station Bikeway Master Plan·, ;BJ __ -'_,[:/ ~ WHEREAS, Tho C~l:ogo :"lion Bike Loop will ""o"rago 'nd p'°moto bicycling in tho city; ~ ~~ WHEREAS, Some of the benefils to bicycling include improvement in individual health and fitness, a ;~:0 :~'4 reduction in motor vehicle traftic, a reduction in air and noise pollution, increased transportation f~ ;;;¢..,,_, opportunities for those without motor vehicles, and an enhanced sense of neighborhood and community ·~ /?(~ ~; -through increased personal interaction between bicyclists and others; ;_S\"·\ \~/·\~~:); :·c0'.);-.J .. .__._... ---· :'.;~c WHEREAS, The Statewide Transportation Enhancement Program is a proactive community enhancement ~~;.. ·'. -~--.:..- (:! ·' . :..:_.• · .. i · .• ·.--, ... _ .... __ . WHEREAS, The Statewide Trnnspnrtation Enhancement program is a cosl-reimbursable program whereby funds are eligible for rcin1bursement of up to c:ighty (SO) percent of the tot ;il project cost;. NOW, THEREFORE, BE IT RESOLVED: ;(:!,,~) I. ~~~~. That the mayor is herc:by au1horized to sign the project nomination fon11 of the Statewide Transportation .r_~--:~ __ -.~ .. ·.:·:.~,_.~.'_'·.-,.':.,·-~.:.;;'_, .. ~.~.,.i) Enhancement Program for the devt'lnpmenl of the "College S!ation Bike L11op"; ~=--.'":, II. '.{~I)\\ That the City Council ("(lllllllils ii local lllii!Ch of Twenly (20) Percent or the allowable CPS(S idenlificd Ill the progra 111; ;1 nd, m. That this Resolution shall he ctlcclive in1111cdiatcly upon adoption. APPROVED AND ADOPTED at a rcglila r meeting on the 28th day of Oc!ober, 1993. ~-:---_ .... t?~~--, .. ·--..... .; . ,' ~lJl-~-~-'--~-~ ·, ~ 4J) ~ Connie Hooks ADOPTED: ~cs== ........ ' Ciry Sccreta ry ,._ Enhancements Application Meeting September 3, 1993 8:30am Parks Dept. AGENDA 1. Project Cost Estimates 2. Tie Down Project Location 3. Divvy-Up Application (Handout) 4. Sources of Local Match $'s 5. Scheduling -Execs, Parks Board?, Council, MPO November 5th Deadline l> P, PART 1. PART2. A. B. PROJECT NOMINATION FORM Oiwy-Ups GENERAL INFORMATION, OS PROJECT SPECIFIC INFORMATION Project Description, OS Attachment 1, 1 Page Allowed Project Implementation Plan (3-Year lime Period) OS/PARO Attachment 2, 1 Page Allowed Need lime and Budget For Each (possibly others) of the Following: Land Acquisition - RFP's For Design - Consultant Selection Engineering Design. Consultant -Major Structures; City -Paths, Striping Plans, Node Design Bid Project Project Construction. Phasing?, Concurrent City/Contractor Construction? Attachment 3, Council Resolution, OS Attachment 4, Letter From MPO on llP, OS C. Project Location Information, PARO Attachment 5 5 Pages Allowed. General Map, Major Structure Renditions, Photogs, Site Plan, etc. To be discussed/determined. We'(/ Jo w.._~ J Ttr'/ 'II Ao reJ-er-1 Cr . - {/V$' { ( /0 '11Af ~ ~ ~ 0. 1 Page Allowed How land to be acquired, including cost estimates and funding arrangements. E. Construction Information, PARO and ENGINEERING ) P~-k a.~ D f F. PART3 A. Project Use And Benefits, OS/PARO B. Community Involvement, OS Bikeway Survey, Focus Group, P&Z, Council, MPO C. NoC 0. Possible Project Impacts, OS/PARO ... Ilntermodal §urface 1f ransportation IEmciency Act of 1991 Workshops for Rural and Small Urban Officials January 27, 1994 Dear Workshop Participant: The eight regional workshops on the Intermodal Surface Transportation Efficiency Act (ISTEA) for rural and small urban officials were completed in May, 1993. To provide you with current information on the ISTEA planning process, we are enclosing the U.S. Department of Transportation final rule on Statewide Planning and Metropolitan Planning, issued on Thursday, October 28, 1993. The rule guides states as they develop their statewide transportation plans, and outlines the process for public involvement in shaping that plan. We are enclosing the rule for your information and immediate use in developing your statewide transportation plan. As promised, we will send you the workshop proceedings shortly. We are in the final stages of preparing the report, which will consist of two parts. Part I will be a "How-To Guide" on holding state-level ISTEA workshops. The Guide will suggest guidelines on workshop themes, steps in organizing a workshop, and !STEA contacts to arrange a workshop. Part II will be a resource guide, and will include a list of participants and speakers from all eight workshops, a glossary of ISTEA terms, and a compilation of action plans developed by participants on a state-by-state basis. Part I is being developed, and Part II is at the printers. We expect to send Part II by the middle of March. We share your concern for participating in the !STEA statewide planning process. If we can be of further assistance to you in that process, you can reach us at (202) 720-8042. Sincerely, Eileen S. Stommes Deputy Director Transportation and Marketing Division U.S. Department of Agriculture Enclosure National Association of Counties · National Association of County Engineers · USDA·Agricultural Marketing Service . USDA-Forest Service USDOT-Federal Highway Administration · USDOT-Federal Transit Adminis1Tation · Regional Rural Development Centers 111~. '.ff. ~,.., ~;e oERAL-AID POLICY GUI DE ~becember 9, 1991, Transmittal 1 ·~ ~,- :;.;;,~ _,_ :~~ •>r }:-sUBCHAPTER B -PAYMENT PROCEDURES ... 23 CFR 172 OP I: HEP-10 :u . ~.ART 172 -ADMINISTRATION OP ENGINEERING AND DESIGN RELATED f'sERVICE CONTRACTS te ·-fsec. ~172. l fa72.3 ~172. 5 ~17 2. 7 :172. 9 :112.11 . 172 .13 172 .15 Purpose and applicability. Definitions. General principles. Methods of procurement. Compensation. Contract modifications. Monitoring the contract work . Alternate procedures. Authority : 23 U.S.C. ll2(b), ll4(a), 302, 315, and 402; 23 CFR 17; 48 CFR 12 and 31; 49 CFR l.48(b); 49 CFR 18; 41 U.S.C. 253 and 259. source: 56 FR 19802, April 30, 1991, unless otherwise noted. Sec. 172.1 Purpose and applicability. (a) To prescribe policies and procedures for contracting to ensure that a qualified consultant is obtained through an equitable selection process, and that prescribed work i~ properly accomplished in a timely manner, at a reasonable cost. -- (b) This regulation applies to all engineering and design related service contracts~financed with Federal-aid highway funds. Agencies with approved Certification Acceptance Plans , (CA), Secondary Road Plans (SRP) and/or Combined Road Plans (CRP) shall submit for the Federal Highway Administration's (FHWA) approval, pr~dares consistent with this regulation if they intend to utilize Federal-aid highway funds for any of the above contract types. The. use of proce·dures codified in State statutes to select consultant firms is also acceptable. Other types of negotiated contracts should be administered under the requirements of the common grant management rule, 49 CFR 18. Sec. 172.3 De~initions. (a) competitive negotiation. Any form of negotiations that Utilizes, (1) qualifications-based procedures complying with Title IX of th~ Federal Property and Administrative· Services Act of 1949 (Pub. L. 92-582, 86 stat. 1278 (1972)), (2) equivalent 1 FEDERAL-AID POLICY GUIDE December 9, l99l, Transmittal 1 23 CFR 172 State qualifications-based procedures or (3) a formal procedure permitted by State statute. (b) Consultant. The individual or firm providing engineering and design related services as a party to the contract. · (c) Contract modification. An agreement modifying the existing contract, such as an agreement to accomplish work beyond the scope of the original contract. (d) Contractino agencv. The State highway agency or local governmental agencies which have responsibility for the procurement. (e) Enoineering and desi011 services. Contracts fo~ project management, construction management and inspection, feasibility studies, preliminary engineering, design engineering, design, engineering, surveying, mapping and architectural related services. (f) Extra work. Any services or actions required of the consultant above and beyond the obligations of the original or modified contract. (g) Fixed fee~ A dollar amount established to cover the consultant's profit and business expenses not· allocable to overhead. (h) Preneootiation audit. An examination: of a consultant's records made in accordance with generally accepted auditing standards. ~ (i) Scope of. work. All services and actions required of the'. consultant by the obligations of the contract. Sec. 172.5 Genera1 princip1es. (a) Need for consultant services in manaoement roles. When Federal-aid highway funds participate in the contract,. the contracting agency shall receive approval from the FHWA before hiring a consultant to act in a "management" role for the contracting agency. This concept should be limited to situations where unique or unusual circumstances exist and where the contracting agency has provided ad7quat7 justification to expl~in its reason for using ·a consultant in this role and the reason it cannot perform the work. (b) Written procedures. The contracting agency shall prepare written procedures for each method of procurement it proposes to 2 ( \. -~-, ~E ~ >. ·;. -,...; .;.:: . .:ii> . j ··' • ~>? .:?. -:...:. ·' 4 --~ ~ l ... ·' 3 .;,; -FE DEF oece . 'utili the prOCl.' (1) es tin: (2) ( 3) of a (4) selec (5) canst: (6 ) res p c co ore: resul its c ( c ) prep2 assur adequ perfc docun: (;l) re qui con tr (i) accoc (ii relia. (ii suppl (2) anoth local curre s . n {!I ~ ~ . .... ~ i ~ -?FEDERAL-AID POLICY GUIDE ( \. j ~oecember 9, l991, Transmittal l 23 CFR l72 :rz ~ ~tilize. These procedures and all revisions shall be approved by ~the FHWA and describe, as appropriate to the partic~lar method of fiJrocurement, each step used: ~-~ (1) In preparing a scope 0£ work, evaluation £actors and .cost ~stimate £or selecting a consultant, ;, (2) In soliciting proposals from prospective consultants, (3) In the evaluation of proposals and the ranking/selection of a consultant, (4) In negotiation of the reimbursement to be paid to the selected consultant, (5) In monitoring the consultant's work and in preparing a consultant's performance evaluation when completed, and (6) In determining the extent to which the consultant, who is responsible for the professional quality, technical accuracy, and coordination of services, may be reasonably liable for costs resulting from errors or deficiencies in design furnished under its contract. (c) Preneaotiation audits. The contracting agencies shall prepare prenegotiation audits to provide the necessary data to assure that the consultant has an acceptable accounting system,~ adequate and proper justification of the various rates charged to perform work and is aware of the FHWA's cost eligibility and documentation requirements. "' (i) Prenegotiation audits and the resultant audit opinions ~re required for all contracts expected to exceed $250, 000 and for '·, contracts of less than $250,000 where: (i) There is insufficient knowledge of the consultant's accounting system, (ii) There is previous unfavorable experience regarding the reliability of the consultant's accounting system, or (iii) The contract involves procurement of new equipment or supplies for which cost experience is lacking • (2) The use of an :independent audit, an audit performed by another State/Federal agency or an audit performed by another local governmental agency is acceptable if the information is current and of sufficient detail. 3 1·. -. i ~ .•i I ~ : :!' . : u : .. i ; !} i . 11' I ~. I ~ . I.'. 1 '1. 'i -l .. (;. !1 i !. ! : . I .. ;I . ,, " ii . II ': .. i' ··r . . ~ .~: ~ . :· ;' ; ,. ":.' I ....... FEDERAL-AID POLICY GUIDE December 9, 1991, Transmittal l 23 CFR 172 (3) Prenegotiation audits may be waived when sufficient audited consultant data is available to permit reasonable comparisons with the cost proposal. (d) State responsibility in local agency contracts. The State highway agency shall ensure that procurement actions by or through other State agencies or local agencies comply with thi~ regulation. When Federal-aid highway funds participate in the L--"'- contract, a local agency shall use the same procedures as used by -, the State to administer contracts not under CA, the SRP or the ~~­ CRP. These contracts shall be subject to the prior approval of·.- the State highway agency and the FHWA. Nothing herein shali be taken as relieving the State of its responsibility under.-Federal- aid highway laws and regulations ·for the work to be performed under any agreements entered into by a local agency. (e) Disadvantaqed Business Enternrise (DBE) program. The contracting agency shall give consideration to DBE firms in the procurement of engineering and design related service contracts subject to 23 U.S.C. ll2(b) (2). (f) Contractual resnonsibilities. The contracting agency or State highway agency shall be responsible for the settlement of all contractual/administrative issues. All settlements shall be reviewed and approved by the FHWA before Federal-aid highway funds can participate in any additional costs. -Sec. 172.7 Methods o~ procurement. This regulation addresses three methods of procurement for the hiring of consultants to perform engineering and design related services specified in 23 U.S.C. 112(b) (2). These methods .are: . competitive negotiations which follows qualifications-based. selection_ procedures or another selection procedure permitted by State statutes; small purchase procedures for small dollar value contracts; and non-competitive negotiations where specific conditions exist allowing negotiations to take place with a single firm. (a) Competitive neaotiation. Competitiv·e negotiation should be used for the selection of a consultant to provide engineering and design related services. The following procedures shall apply to the competitive negotiation process: (1) Scooe, evaluation factors and cost estimate development. The contracting agency shall prepare: ./'' "\ ( i) A scope of work before issuing a ~equest for Proposal1 that reflects a clear, accurate, and detailed description of the ·' 4 ':J .. :.. i ,. '·· / I ' ',. JERAL-AID POLICY GUIDE =ember 9, l99l, Transmittal l 23 CFR 172 =hnical requirements for the services to be rendered and a list entifying the evaluation factors and their relative importance. (ii) A detailed cost estimate, except for contracts awarded jer small pu~chase procedures, with an appropriate breakdown of eci fic types of labor r~ired, work hours, and an esti:mate of·· e consultant's fixea-fee (considering the risk and complexity the project) for use during negotiations. (2) Soliciting proposals. (i) Solicitation. The solicitation process shall be by vertisement (project, task or service), by mailing Re~ests for oposals to certified/prequalified consultants, or any other--· thod that ensures qualified in-State and out-of-State nsultants are given the opportunity to be considered for award a contract. It shall include a process where either: (A) General interest is solicited for performing the work; sponding consultants are ranked based on an evaluation of their alification statements (submitted with their letters of terest or on file with the contracting .agency) ; and prooosals . e reaue!:!t.ed __ fr9m thre_~.....QX:: _more firms sta~ing ~i th the=tiighest iikeu firm' or ·-----. . .. ·----· ·-· -. - (B) Proposals are solicited from all consultants that are terested in being considered for the work. (ii) Reauest for orooosal. The request for proposal shall: -(A) Provide a description of the scope of work and entification of the evaluation factors including their relative portance as included in paragraph (a) (1) of this section. '·, (B) Specify the method(s) of payment (lump sum, cost plus a xed fee, cost per unit of work, or specific rate(s) of mpensation). tC) Request the submission of a proposal. Priced proposals y be used in the selection phase if allowed for under a State .atute, but shall not be used in the selection phase when alifications-based procedures are used. -(D) Allow sufficient time for · the consultant to prepare and bmi t the proposal. · 5 ' ·' ; 1 ~ i. . ~ ·• . ; . .. ~ ; ; i; I J ·.:. '·! ' . . ' ., . f!·: .. :! ; 1.1 I ! I ... '. FEDERAL-AID POLICY GUIDE December 9, l99l, Transmittal l (J) Analysis and selection. 23 CFR 172 (i) The consultants' proposals, containing the information required by paragraph (a) {2) of this section, shall be evaluated and ranked by the contracting agency. This process shall include an analysis of the proposals in comparison to the evaluation factors. In addition, the consultants' applicable work experience, present workload, past perfonnance, staffing capabilities, etc., should be evaluated and included in the ranking process. (ii) shall: The award of engineering and design related services (A) Utilize qualifications-based procedures that either comply JI with the provisions of Title IX of the Federal Property and ' AdJ:ninistrative Services Act of 1949 (Pub. L. 92-582, 86 stat. 1278 (1972), as amended) or utilize equivalent State qualifications-based procedures, or (B) Utilize a fonnal procurement procedure that is established by Sta~e statute or is subsequently established by State statute: (iii) The contracting agency shall retain acceptable documentation of the proposal, evaluation and selection of the consultant. Records shall be maintained in acco~dance with the provisions of ·49 CFR 18.42. (4) Neaotiation resnonsibilities. (i) The negotiator s~ll use all resources available to conduct effective negotiations, including but not limited to, .~he refined scope of work, the evaluation factors and their relative importance, the agency's cost estimate as required in paragraph (a) (l) of this section and the audit opinion issued as a result of the prenegotiation audit required in Sec. 172.S(c) of this part. (ii) The negotiator shali separately negotiate the dollar amounts for elements of cost and a fixed fee except for services nonnally negotiated on a per unit (includes costs and fees) cost. ; i · (iii) The contracting agency shall maintain records of negotiations to docllD.ent negotiation activities and set forth resources considered by the negotiator. Records shall be maintained in accordance with the provisions of 49 CFR 18.42. the -· 6 ·:I .; i ?I I I . I J . I I I KAL-AID POLICY GUIDE ;nber 9, 1991, Transmittal 1 23 CFR 172 ) Execution of contracts. The proposed contract including agreed upon cost figures shall be submitted to the FHWA for oval prior to its execution. ) Small purthases. Contracting agencies may use small . t_,,--/. hase procedures for the procurement of engineering and design · ted services when the contract cos.t does not exceed $25, 000. Noncomoetitive neaotiation. Noncompetitive negotiation be used to obtain engineering and design related services the award of a contract is not feasible under small purchase .ompetitive negotiation procedures. The contracting agehcy 1 submit justification and receive approval from the FHWA ire using this form of contracting when Federal-aid highway .s are used in the contract . . ) CircUID.stances under which a contract may be awarded by :ompetitive negotiation are limited to the following: .) The service is available only from a single source, or .i) There is an emergency which will not permit the time !Ssary to conduct competitive negotiations, or .ii) After solicitation of a number of sources, competition ietermined inadequate. " ;' !) The contracting agency shall comply with the following ;edures for noncompetitive negotiations: · L) Establish a process to determine when noncompetitive ""~-~~ )tiation will be used, '. Li) D~velop ·an adequate scope of work, evaluation factors and : estimate as required in paragraph (a) (1) of this section, Lii) Conduct negotiations as required in paragraph (a) (4) of :; section, and iv) Submit the proposed contract and cost estililate to the I\ for approval. 172.9 Compensation. a) Contracting agencies may establish cost principles for ermining the reasonableness and allowability of costs. eral reimbursement shall be limited to the Federal share of costs ai'l.owable under the cost principles in 4 8 CFR 3 l · 7 ~ : . .r. I . I I .. I : : I; 1 · , I } ! ,'!: .· ' . I . ; ~.: . ! . : 1 ··' · .•... ii re·:~ ~1; . ; I il I Jq, ~ ~! : . ~1 ' ~1 .:; .•... :. ~ ' • I ~ : I.. f: I : i :. :~ ~ ;:· ! • j :":, ! FEDERAL-AID POLICY GUIDE December 9, 1991, Transmittal 1 23 CFR 172 (Federal Acquisition Regulations). Any references iQ9luded in 48 CFR 31 to other parts of 48 CFR do not apply to these contracts. (b) Applicable cost principles shall be referenced in each contractual document. (c) Methods of payment. (1) The method of payment to compensate the consultant for all work required shall be set forth in the original contract and in any contract modifications thereto. It may be a single method for all work or may involve different methods for different elements of work. The methods of payment which shall be., used are: lump sum, cost plus fixed fee, cost per unit of work_ or specific rates of compensation. (2) Compensation based on cost plus a percentage of cost or percentage of construction cost shall not be used. (3) When the method of payment ·is other than a lump sum, the contract shall specify a maximum amount payable which shall not be exceeded unless adjusted by a contract modification. (4) The lump sum method shall not be used to compensate a consultant for construction engineering and inspection services except when the agency has established the extent, scope, complexity, character and duration of the work to be required to a degree that fair and reasonable compensation including a fixed fee can be determined. (d) Fixed fees. (l) The determination of the amount of the fixed fee shall ~ take into account the size,· complexity, duration, and degree of J risk involved in the work. The establishment of the fixed fee shall be project specific. / / (2) Fixed fees normally range from 6 to 15 percent of the total direct and indirect cost. Subject to the approval of the FHWA, a fixed fee over 15 percent may be justified when exceptional circumstances exist. Sec. 172.11 Contract modifications. (a) Contract modifications are required for any modification in the terms of the original contract that change the cost of the contract; significantly change the character, scope, complexity, 8 .. / .. ( :RA L-AID PO LI CY GUIDE ~mber 9, l991, Transmittal l 2 3 CFR l72 luration of the work; or significantly change the conditions ~r which the work is required to be performed. >) A contract modification shall clearly outline the changes ~ and determi~e a method of compensation. FHWA approval of :ract modifications shall be obtained prior to beginning the : except as discussed in paragraph (d) of this section. :) overruns in the costs of the work shall not warrant an ~/ ~ease in the fixed fee portion of a cost plus fixed fee :ract. Significant changes to the Scope of Work may require tstment of the fixed fee portion in a cost plus fixed fee :ract or in a lwnp sum contract. i) In unusual circu.mstances, the consultant may be authorized iroceed with work prior to agreement on the amount of iensation and execution of the contract modification, provided FHWA has .pre viously approved the work and has ·concurred that .t i onal compensation is warranted. 172.13 Monitoring the contract work. L) A public employee qualified to ensure that the work being ;ued is complete, accurate and consistent with the terms, litions, and specifications of the contract shall be in >onsible charge of each contract or project. The employee'~ >onsibilities include: .) Scheduling and attending progress mee~~ngs with the ;ultant and being involved in decisions leading to change ~rs or supplemental agreements, .) Being familiar with the qualifications and 1onsibilities of the consultant's staff, ) Visiting the project and/or consultant 1 s offices on a ~ency that is commensurate with the magnitude, complexity : of work. This includes being aware of the day-to-day ·ations for Construction Engineering Service contracts, and ). Assuring that costs billed are consistent with the :ptability and progress of the consultant's work. and 1) A final performance evaluation report, exc~pt for :racts awarded under small purchase p r ocedures shall be 1ared by the public employee in responsible charge of the :ract and shall be submitted to the State highway agency's :racting office. The report should include, but not be .ted to, an evaluation of such items as timely completion of 9 L • ,,;--- FEDERAL-AID POLICY GUIDE December 9, 1991, Transmittal l 23 CFR 172 work, conformance with contract cost and the quality-·.of work. A copy of the report shall be sent to the firm for its review and/or comments and any written .comments submitted to the contracting agency by the £irm shall be attached to the final report. (c) Contracting agencies should inc~ude a clause in engineeri ng contracts requiring the consultant to perform such additional work as may be necessary to correct errors in the work required under the contract without undue delays and without additional cost to the owner. However, in general, a consultant should not be held responsible for additional costs in subsequent related construction resulting from errors or omissions wh ich are not a result of gross negligence or carelessness. Sec. 172.15 Alternate procedures. · (a) This i s a process whereby the contracting agency can be authoriz ed to substitute its contract review and approval actions f or t h ose of the FHWA. Before a contracting agency can operate under the alternate procedures concept, it shall submit procedures to the FHWA that include the following: (1) A formal request to operate und er the alternate procedure concept. (2) The wri tten procedures, as required by Sec. l72.5(b) of this part, it will follow, and ,: (3) A statement signed by the chief administrative_officer o f the contracting agency certifying that it will conform with its written procedures, the provisions of this regulation, and all ', applicable Federal and State laws and administrative requirements. (b) The alternate procedures and all revisions shall be approved by the FHWA. (c) The alternate procedures concept may apply to all Federal- aid highway funded contracts. (d) A copy of the original executed contract and all contract modifications shall be submitted to the FHWA. 10 Te Co §9 fo: pre Go· Se: §9 . th: CO.l / (. by '<:· lac adrr. DBE re~ aff or ciay Ord :i the From: Tom Brymer To: Ed Hard 2/03/95 Subject: Status of Bicycle Grant funds 11:32am ===NOTE===============2/02/95==9:23am== CC: Jeff Kersten, Jim Callaway Councilman Mcilhaney asked me where this was and I told her I didn't know, but would find out. Could you give me a status report by memo? Thanks. Page: 1 Ideal Locations For . BIKE-SHELL~ Bicycle Lockers: Universities I High Schools Dormitories Apartments I Condominiums Libraries Office Buildings Manufacturing Plants Parking Facilities Mass Transit Depots Airports Shopping Centers Fast Food Outlets Convenience Stores Bicycle Shops Parks I Recreation Areas Marinas /Beaches Fitness Centers Tennis Clubs Resort Hotels Bicycles have long been the transportation mode of choice for students. And now, with the considerations of traffic, pollution, and energy usage, more and more concerned businesses and service organizations are promoting cycling. The ever greater number of cyclists with their valuable bicycles and mopeds all need safe parking and storage facilities. ENTER, BIKE-SHELL® For More Information AMERICAN BICYCLE SECURITY CO. 800·245·3723 • 805·933·3688 •FAX 933·1865 t ------ -·--·-·~---.. I .. 39.25" ..I f . O> v 1 BIKE-SHELL® Bicycle Lockers: Consider the Advantages • Bicycles and mopeds are fully enclosed- preventing vandalism, theft and weather damage . • One-piece frame with prehung door alleviates • Lockers promote cycling by providing security ~or both bicycles and the rider's accessories . • Bicycle damage from racks and other bikes becomes a thing of the past, as does wall and floor damage caused by bringing bikes into buildings . • ·The user need only carry a key, or coin or , lock without the cable or chain . • :Modular design of lockers facilitates in- : stallation and allows optimum use of space. adjustment. . . . • An exterior of fiberglass reinforced plastic 1s highly resistant to impact and scratching. • The outer finish never needs painting, will not rust or corrode and is extremely resistant to most stains and chemicals . • The standard key-lock mechanism is completely internal and resists tampering. (system for user provided padlock is also available) . • The owners decide what kind of return they receive by their choice of locking mechanism. • Many models and materials are available to suit space and budget requirements. Whether you need just a fe w, or rows upon rows, We are at your service. A MERICAN B ICYCLE S ECURITY CO. •A Division ofTURTLE STORAGE, LTD. P.O. Box 7359 •Ventura, CA 93006 • 800·245·3723 805·933·3688 FAX 933·1865 A Few Of Our Valued Customers PRIVATE General Dynamics EASTMAN TRW Inc. Little Company of Mary Hospital Iolab, (Johnson & Johnson) Walmart Chevron USA Humana Hospital (3 locations) Coca-Cola Foods Lawrence Livermore National Lab TACANCorp. Glendale Federal Hughes Aircraft Albertson's Irvine Co. General Research Corp. Home Federal Savings & Loan International Light Metals Oro America Computer Science Corp. The Aerospace Corp. Miles, Inc. Pacific Development, OR Southern Calif. Edison Avery UNOCAL Fleetwood Enterprises Anheuser Busch, CA, NH Kaiser Permanente (7 locations) Beatrice/Hunt-Wesson HARPERS Shell Oil Co. Sears Roebuck & Co. ALECTEC Hughes Communications, Inc. Laidlaw Transit, Inc. Harbor Gateway Business Ctr. Panavision Trammel Crow Co. Pace Consolidation Ctr. Cal/West United Inc. Coldwell Banker Redlands Federal Bank Buenaventura Mall Bugle Boy Industries United Artists Cable Jet Propulsion Laboratory The Capital Group, Inc. COSTCO Trend Offset Printing EG & G Astrophysics Research Old Country Bakery Olive Garden Restaurant (8 locations) WHEREHOUSE Enterprises Florida Hospital, FL GOVERNMENT City/County of Denver City of Arvada, CO City of San Luis Obispo County of San Luis Obispo Cal Trans City of Bakersfield City of Loma Linda County of Riverside Riverside Transit Agency County of San Bernardino Orange County Trans. Auth. City of Santa Barbara County of Santa Barbara City of Ventura County of Ventura City of Los Angeles County of Los Angeles City of San Diego City of Anaheim City of Santa Monica City of Escondido (Trans. Center) City of Glendale City of Carson City of Chino City of Rialto City of Burbank O.C. Performing Arts Center City of Eugene, OR City of Portland, OR TRI-MET, OR South Coast Air Quality Mgmt District Maricopa College District, AZ Phoenix Transit, AZ Patrick AFB, FL Pinellas County, FL New Jersey DOT Town of Oyster Bay, NY Virginia DOT City ofFairfax, VA Spokane Transit, WA Everett Community Transit, WA U.S. NavyPMTC U.S. Postal Service OVERSEAS Nottingham City Council, U.K. Material Specifications STRUCTURE AND FINISH 150 Series: Walls, tops, doors, door frames and internal dividers of weather resistant phenolic board made to Commercial Standard 236-66 type 2-B-2 overlaid, or MDO Ex. plywood. Exterior finished with colored acrylic, or equal to withstand weathering, and shall have graffiti resistant finish coat. Standard color is tan; other colors available on special order. Bottom of all walls encapsulated in plastic or aluminum extrusion for superior weatherability. 250 Series: Exterior walls, tops, doors and door frames made of colored fiberglass-reinforced plastic with DF ext. grade core (ASTM PSl-83). Solid color never needs painting, is graffiti resistant and resists impact and scratches. Interior walls ofMDO 2-side G 1 exterior board (ASTM AT A 10-PS 1-83), which is not susceptible to delaminationfrom moisture or immersion in water. Standard color is tan. Bottom of all walls are encapsulated in plastic or aluminum extrusions for superior durability. 350 Series: Molded composite lockers shall be manufactured with fiberglass reinforced plastic and a solid color pebble grain te>..iure finish. Finish allows easy removal of graffiti and is resistant to impact, scratches and U. V. damage. Lockers shall not use an e>..1ernal or internal frame. Walls and top shall be double wall construction for high strength and insulation from the elements, roof shall be crowned for water run off and all corners are curved. Finish does not need painting, resists impact plus chemicals and stains. Materials will withstand extremes in temperature and other weather/environmental conditions. Walls between joined units shall be fiberglass-reinforced plastic. Interior diagonal wall shall be MDO 2-side Gl exterior board (ASTM ATA 10-PSl-83) Two door two bike unit shall be manufactured in 7 components; 2 doors, 2 door frames, 2 locker body components and an internal diagonal divider to separate the bikes. The locker body components incorporate the roof and walls into one structure and the doors are hung prior to shipping. The locker body components shall be joined by internal fasteners. Standard colors are tan and light grey though CUSTOM COLORS can be ordered or matched with a color sample. Optional: Ventilation system, includes stainless steel louvered vents on exterior walls for dissipation of heat, dampness and allowing air exchange throughout all lockers. FRAME: 150 and 250 Series: Walls, tops and door frames shall lock together utilizing custom extrusions manufactured from 6063-TS, commercial anodized aluminum. LOCKS AND LOCKING HARDWARE: Standard: Chicago ACI II 7 pin tumbler Pop Out "T" Handle locks with removable lock cylinders. Standard internal locking hardware consist of six chromolly steel cams controlling an extruded aluminum locking bar which engages the door frame over 3 foot span. High custom extruded continuous door hinge has no hinge pins to wear or rust. All fasteners and assembly hardware is zinc plated or better and internal to prevent tampering. Optional: Heavy Duty pad lock system that will accommodate high security pad locks. Optional: MEDECO Stainless Steel high security T-Handle lock. Optional: Coin-operated system. Shall be AMERICAN LOCKER patented system. Load ratings and additional technical information available upon request. BIKE-SHELL® Bicycle Lockers Dimensional Specifications E () "' . :~ (\/ l Note: All corners have .5" radius Bicycle Locker Model 352 2 Door -2 Bike Capacity Patent Pending E () (\/. Cl C10 . ..,. c;; J Top View of Bicycle Locker Model 352 Dashed lines indicate joints between components. 5 components. I) Two door frames with doors 2) Two locker halves 3) Diagonal interior wall AMERICAN BICYCLE SECURITY Co. • A Division of TURTLE STORAGE, LTD. P.O. Box 7359 • Ventura, CA 93006 • (800) 245-3723 • (805) 933-3688 • FAX (805) 933-1865 BIKE-SHELL® Bicycle Lockers Dimensional Specifications r~~OJ~ I\) .,..~ "'.,.. t ~ .>. ·S: <?~~""' I Bicycle Locker Model 151 & 251 1 Door -1 Bike Capacity Patent Pending @] I I JI --=-~-99.G9C!" Bicycle Locker Model 152 & 252 2 Door - 2 Bike Capacity Patent Pending top view 1 unit top view 1 unit Model No. 151 152 153 251 252 253 352 ABSLKRP8.FRM/ts7 AMERICAN BICYCLE SEClJRITY CO. div. of Turtle Storage, Ltd. (805) 933-3688 * FAX (805) 933-1865 BIKE PARKING & STORAGE LOCKERS Price Sheet Effective August 1, 1994 CLASS 1 BICYCLE PARKING FACILITIES Description Dimensions 1 door, 1 bicycle capacity. Aluninun frame 49"H X 24 1/2"W with acrylic finished phenolic board. X 72 1/4"L 2 door, 2 bicycle capacity. Aluninun frame 4911H X 39 1/411W with acrylic finished phenolic board. X 72 1/4"L 1 door, 2 bicycle capacity. Aluninun frame 49"H X 39 1/4"W with acrylic finished phenolic board. X 72 1/411L 1 door, 1 bicycle capacity. Aluninun frame 49"H X 24 1/211W with fiberglass reinforced plastic exterior. X 72 1/4"L 2 door, 2 bicycle capacity. Aluninun frame 49"H X 39 1/4"W with fiberglass reinforced plastic exterior. X 72 1/411L 1 door, 2 bicycle capacity. Aluninun frame 4911H X 39 1/411W with fiberglass reinforced plastic exterior. X 72 1/4"L 2 door, 2 bicycle capacity. Molded fiberglass 49"H X 42 1/4"W reinforced plastic with colored finish. X 74 1/2"L Prices 1-5 units s 469.00 1-5 units s 639.00 1-5 units s 599.00 1-5 units s 770.00 1-5 units s 900.00 1-5 units s 880.00 1-5 units s 1995.00 Custom lockers available for wheelchairs, golf bags, sporting equipment, etc. STANDARD -Lock: High Security Pop Out "T" Handle Locks w/ 3 keys (each lock keyed different). -Color: 150 Series. Tan with gold anodized aluninun, special order colors, S30 set up. Changes in color of anodized aluninun frame, call for quote. 250 Series. Tan with gold anodized aluninun. 350 Series. White, tan and light grey, special order colors, quote. Options. Accessories and Installation/Del iverv rates on page 2 LOCKERS ARE SHIPPED KNOCKED DOWN. FOB Santa Paula, CA. Returns subject to 15% restocking charge plus freight costs Prices subject to change without notice page 1 of 2 6 + QUOTE 6 + QUOTE 6 + QUOTE 6 + QUOTE 6 + QUOTE 6 + QUOTE 6 + QUOTE AMERICAN BICYCLE SECJRITY CO. Effective August 1, 1994 BIKE LOCKER OPTIONS & ACCESSORIES Part # Description Price 010 Padlock Locking System. Padlock not included NO CHARGE 012 Master keyed FORT LOCK T·Handle locks. 3 user keys. 1 master key per set. $15.00 per door 013 Coin operated locks · collection of revenue, token or coin refund Call for quote 015 Medeco · Stainless steel high security "T" Handle locks Call for quote 020 Locker Nl.lllbers: Nl.lllbers are 1 1/211 in height. Each order starts with 1 unless $ 8.00 per door specified otherwise. Engraved nl.lllbered labels are fastened to doors. 030 Ventilation system, includes stainless louvered vents one on each exterior wall $15.00 per For areas of high temperature, hunidity or da~ss for cross ventilation. exterior wall 040 Clothes I Gear hooks, 2 per locker. Hang up your helmet, riding accessories $10.00 per locker or clothes for the next work day. 050 ALARM -Motion activated alarm, activated & deactivated with key pad, self $76.00 per door contained, installed on door. Can also be mounted on bikes, golf bags, etc. Specify use when ordering Delivery & Installation DELIVERY INSTALLATION (PER UNIT) DISTANCE QUANTITY AMOUNT QUANTITY AMOUNT 0·50 MILE 1 -15 $160 16 -30 $225 1 -15 $50EA OVER 30 QUOTE 16 -40 $45EA ·100 MILE 1 -15 $220 16 -30 $310 OVER 40 QUOTE OVER 30 QUOTE ·150 MILE 1 -15 $375 16 -30 $450 INSTALLATION INSTRUCTIONS OVER 30 QUOTE ON VCR TAPE FOR 150 & 250 SERIES LOCKERS. +150 MILE CALL FOR QUOTE $ 19.95 ALL INSTALLATION PRICES ARE BASED ON THE CUSTOMER PROVIDING AN ADEQUATE SURFACE OR CONSTRUCTED PAD, CALL FOR MORE INFORMATION Limited Warranty AMERICAN BICYCLE SECURITY co. warrants that all of its products are guaranteed against defective material or poor workmanship for a period of one year from date of shipment. AMERICAN BICYCLE SECURITY CO.'s liability under this warranty shall be discharged by furnishing without charge F.O.B. Santa Paula, CA, any goods, or part thereof, which shall appear to the company upon inspection to be of defective material or not of first class workmanship, provided that claim is made in writing to company within a reasonable period after receipt of the product. Where claims for defects are made, the defective part or parts shall be delivered to the company, prepaid, at Santa Paula, CA, for inspection. AMERICAN BICYCLE SECURITY CO. will not be liable for the cost of repairs, alterations, or replacements, or for any expense connected therewith made by the owner or his agents, except upon written authority from the AMERICAN BICYCLE SECURITY CO., Santa Paula office. AMERICAN BICYCLE SECURITY CO. will not be liable for any damages caused by defective materials or poor workmanship, except for replacement as provided above. ABSLKRP8.FRM/ts7 Prices subject to change without notice page 2 of 2 Viper Rack 1000 Series The Viper Rack Advantages: Viper Rack 2000 Series Viper Rack 3000A Series · High strength steel tubing supports bicycle by its frame, eliminating wheel damage • Smooth vinyl coated finish to protect bicycle • Allows locking of both wheel and frame for highest security • Extra wide arch allows easy access even at maximum capacity Viper Racks are a space efficient, economical and secure method of parking bicycles. An increasing number of communities have realized the importance of bicycling as an alternative mode of transportation. Our high quality products and customer care will make you a leader in your community. For More Information A MERICAN B ICYCLE S ECURITY Co. (800) 245-3723 • (805) 933-3688 • FAX (805) 933-1865 Material Specifications: Viper Rack 3000 Series Availability Delivery time is approximately 2 weeks after the receipt or order. Racks are shipped FOB Santa Paula, California, USA, 93060. Materials All MIG welded construction. Tubing is 2" OD with .09 thickness. Finished racks are grit blasted, then polyester powder coated and oven cured. Polyester powder coating will not chip, has excellent corrosion resistance. Smooth finish will not scratch bicycle. Standard color is black. Viper Rack 1000 Series 2 3 4 B A Model 1042 Model 1041 With Base Plate Without Base Plate A ............. 26" 66.04 cm A ............. 22" 55.88 cm B ............. 39" 99.06 cm B ............. 47" 119.38 cm Weight 18 lbs. 8.16 kg Weight 16 lbs. 7.26 kg Installation Viper Rack Model 1042, 2082, and 3002 use 8 expansion anchors which are available (PN#MK9000). Installation in hard masonry is recommended. Racks can be installed on asphalt, but concrete embedment for anchors is recommended. Installation instructions provided with each shipment. Viper Rack Model 1041 , 2081, and 3001 in ground mount and have 8" longer end posts for installation in concrete. Soft surfaces can be accomodated with post hole digger and ready mix concrete. Installation instructions provided with each shipment. Viper Rack 2000 Series 2 3 4 5 6 7 8 B A _I Model 2082 Model2081 With Base Plate Without Base Plate A ............. 66" 167.44cm A ............. 62" 157.48cm B ............. 39" 99.06 cm B ............ .47'' 119.38 cm Weight 31 lbs. 14.06 kg Weight 28 lbs. 12.70kg Ideal Location For Viper Rack: • Retail Store Front Protection • Universities/High Schools • Dormitories • Apartments/Condominiums • Libraries • Office Buildings • Manufacturing Plants • Parking Facilities • Mass Transit Depots • Airports • Shopping Centers • Fast Food Outlets • Convenience Stores • Bicycle Shops • Parks/Recreations Areas • Marinas/Beachs • Fitness Centers • Tennis Clubs • Resort Hotel Viper Rack 3000 Series B ... A lf >i I I A Model 3002 & 3002A Model 3001 & 3001A With Base Plate Without Base Plate A ............. 64" 162.56 cm A ............. 60" 152.40 cm B ............. 30" 76.20 cm B ............. 38" 96.52cm Weight 26 lbs. 11.79 kg Weight 24 lbs. 10.89 kg A MERI CAN B ICYCLE S ECURITY CO. • A Division of TURTLE STORAGE, LTD. P.O. Box 7359 •Ventura, CA 93006 • (800) 245-3723 • (805) 933-3688 •FAX (805) 933-1865 bike racks MODEL BAX-5 ... MODEL DR-15 These traditional bicycle racks are designed to last a lifetime. Manufact~r~d out of 1-5/8" galv. steel pipe and 1/2" galv. pipe. All fittings are also galvanized. Bike racks come in single or double face, and for portable or permanent settings -Please specify when ordering. DOUBLE FACE BICYCLE RACKS MODEL LENGTH CAPACITY SHIPPING WT. lbs DR-15 15' 33 Bicycles 300 lbs DR-30 30' 66 Bicycles 600 lbs. SINGLE FACE BICYCLE RACKS MODEL LENGTH CAPACITY SHIPPING WT. lbs. SR-15 15' 15 Bicycles 255 lbs. SR-30 30' 30 Bicycles 400 lbs. Whether you need just a few, or rows upon rows, We are at your service. - - BA-series "BA" SERIES -Bike Rack is made in separate wheel holder units, which can be installed 16" apart, a ll facing one way for one side loading; or facing in alter- nate directions for loading from both sides, spaced 8" apart. Wheel holders are individual welded units made of 1/2" steel rod. Base of each holder is bolted to 1-1/2" x 1-1 /2" x 3/16" steel angle runners the full length of the bike rack. Bolts are provided with locknuts. Angle runners and wheel holders are Hot Dip Galvanized after fabrica - tion. Angle runners are provided with holes for anchor- ing. Bike holders are designed to accommodate a ll sizes of bike wheels. LOAD ONE SIDE MODEL CAPACITY LENGTH WIDTH HEIGHT WEIGHT Lbs. BAX-2 2 19" 19-3/4" 20-1/4" 20 lbs. BAX-5 5 67" 19-3/4" 20-1/4" 52 lbs. BAX-8 8 115Y." 19-3/4" 20-1/4" 85 lbs. LOAD BOTH SIDES MODEL CAPACITY LENGTH WIDTH HEIGHT WEIGHT Lbs. BA-4 4 27" 22" 20-1/4" 32 lbs . BA-9 9 67" 22" 20-1/4" 68 lbs. BA-15 15 115Y•' 22" 20-1/4" 127 lbs. Th is portable bike rack is made out of 1-5/8" galv. pipe and 1 /2" galv. steel pipe. This model is ideal for either stand a lone, m wall .mount installation. Please specify when ordering. Single side load only on this model. I MODEL LENGTH DEPTH HEIGHT CAPACITY SHIP WT. lbs. ] I I I WM-7 10' 20" 38 " 7 Bicycles 98 lbs. I WM-11 15' 20 # 38 " 11 Bicycles 150 lbs. AMERICAN BI CYCLE SECURITY C 0. • A Division of TURTLE STORAGE, LTD. n r'\ D ~-· '7'JC::Q . Uont11r'.l r A Q1()()fi . ~OO·~-Fi<ff!3 805-933·3688 FAX 933·1865 21112 .. 1%" \ 5"(DIAM.)x5'/1" SHIELDED PADLOCK RECEPTACLE 4V2 .. x 1/z " I EXPANSION BOLT -4"- Rack Ill"'·' PAT NO. 3, 783,659 MATERIALS AND FINISHES 21 '/i" I _!_ All MIG welded steel construction. Base member 1/a" x 11/2" x 4" roll formed channel. Tubular members 1112" x 11/2" with .072 wall thickness. Case hardened lock bar. Concealed 1f2 " diameter swing pin. Finished racks oven pretreated and grit blasted, then electro- statically coated with polyester powder and oven cured. Dark brown polyester coating has excellent corrosion and fade resistance. Smooth finish will not scratch bicycles. Two bicycles per double unit. SUGGESTED ARCHITECTURAL SPECIFICATIONS [specify quantity] double unics each accommodating two bicycles shall be installed according to manufacturer's specification. Rack to secure bicycle frame and both wheels without chain or cable. Padlock protection must be provided and rack must accept U-shaped bike locks. Height 21 W'; overall width 28", length 48''. Racks to be delivered fully assembled with dark brown finish (other colors subject to special inquiry). INSTALLATION Three self-tapping W' x 4112'' anchor bolts are provided with each double unit. Installation in concrete is rec- ommended. Minimum bolt embedment is 21/e''. Allow 3' 4'1> 'WHEEL LOCKING BARS ;:I ~-r>-~-<• -I -! ------CONCEALED 'l:z" DIAM. HINGE PIN MOVEABLE ARM THREE-POINT LOCKING SYSTEM. t I 4V2" x '12"' EXPANSION BOLT -.,- __]_ ~ from center line of base chan.nel to walls, etc., for bike clearance. Complete installation instructions are pro- vided with each shipment. Racks can be installed in asphalt, but concrete embedment for bolts is required. AVAILABILITY Delivery time is approximately 3 weeks after receipt of order. Racks are shipped fully assembled, f.o.b. Oakland, California. Shipping weight 40 lbs. per double unit. CODE ACCEPTABILITY, CERTIFICATION Many city and county governments have specified Rack Ill for use in any new or remodeled commercial con- struction. Whether you need just a few, or rows upon rows, We are at your service. A MERICAN BICYCLE SECURITY CO.• ADivisionofTURTLESTORAGE,LTD. P.O. Box 7359 •Ventura, CA 93006 • 800·245·3723 805·933·3688 FAX 933·1865 Hodel No Rack III B-1 BR-2 HFB-1 HFB-2 PBH-1 1041 1042 2081 2082 MK9000 AJIERICAll BICYCLE SF.CURITY CO. a div. of Turtle Storage, Ltd. P.O. Box 7359 * Ventura * CA * 93006 (805) 933-3688 * FAX (805 ) 933-1865 BICYCLE R!OO Price Sheet Effective August 1, 1994 CLASS 2 & 3 BICYCLE PARKING FACILITIES Description Locks frame and both wheels with one lock. No cables needed. Surface mounted. Pad lock protector prevents pry bar or bolt cutters fro1 damaging lock. Steel /powder epoxy finished wall 1ounted rack hangs one bike fro1 wheel. Two loops to lock with cable. Coated hook won't da.age wheels. Steel /powder epoxy finished wall 1ounted rack hangs two bikes fro1 wheel. Loops to lock with cable. Coated hooks won't damage wheels. Accessory rack. Steel/powder epoxy finished wall tounted folding rack hangs one bike by the fraie horizontal. Bike is parallel to the wall. Has accessory rack. Steel/powder epoxy finished wall tounted folding rack hangs two bikes by the frame horizontal. Bikes are parallel to the wall. Has accessory rack. Steel vinyl coated, ceiling or wall mount hangs one bike fro1 front wheel. Steel tube in a single arch with in the ground iount 8" depth. Durable weather resistant finish. Mounts in iost any surface. Steel tube in a single arch with base plates for surface tount. Durable weather resistant finish. Mounting kit available. Steel tube in a double arch with in the ground mount 8" depth. Durable weather resistant finish. Mounts in most any surface. Steel tube in a double arch with base plates for surface tount. Durable weather resistant finish. Mounting kit available. Mounting kit for 1042 & 1082 racks. (complete hardware kit for one rack) Lilited warranty I Bikes Class Prices 2 2 $339 .00 1 3 $ 23.00 2 3 $ 80.00 1 3 $ 60.00 2 3 $ 75.00 2 3 $ 11.00 4 3 $140.00 4 3 $175.00 8 3 $280.00 8 3 $315.00 $ 20.00 AMERICAN BICYCLE SECURITY co. warrants that all of its products are guaranteed against defective material or poor worklanship for a period of one year fro1 date of shiptent. AMERICAN BICYCLE SECURITY co. 's liability under this warranty shall be discharged by furnishing without charge F .O.B. Santa Paula, CA, any goods, or part thereof which shall appear to the co1pany upon inspection to be of defective .aterial or not of first class worklanship, provided that claim is made in writing to co1pany within a reasonable period after receipt of the product. Where clai1S for defects are .ade, the defective part or parts shall be delivered to the co1pany, prepaid, at Santa Paula, CA, for inspection. AMERICAN BICYCLE SECURITY co. will not be liable for the cost of repairs, alterations, or replaceients, or for any expense connected therewith .ade by the owner or his agents, except upon written authority fro1 the AMERICAlf BICYCLE SECURITY CO., Santa Paula office. AMERICAN BICYCLE SECURITY CO. will not be liable for any daiages caused by defective .aterials or poor worklanship, except for replacetent as provided above. BIKRAKPO.FOR/ts7 Prices subject to change without notice Model No . BA-4 BA-9 BA-15 BAX-2 BAX-5 BAX-8 DR-15 DR-30 SR-15 SR-30 WK-7 WK-11 AmlCAB BICYCLE SBCOIITY CO. a div. of Turtle Storage, Ltd. BICYCLE ll<lCS Price Sheet Effective August 1, 1994 Description Load fro1 both sides. Galvanized finish. Requires so1e asselbly. Load fro• both sides. Galvanized finish. Requires so1e asselbly. Load fro1 both sides. Galvanized finish. Requires so1e asselbly. Load fro1 one side. Galvanized finish. Requires so1e asselbly. Load fro• one side. Galvanized finish. Requires so1e asselbly. Load fro1 one side. Galvanized finish. Requires so1e asselbly. Load fro1 both sides. Galvanized finish. Requires so1e asselbly. Load fro1 both sides. Galvanized finish. Requires so1e asselbly. Load fro1 one side. Galvanised finish. Requies so1e asselbly. Load from one side. Galvanized finish. Requires so1e asselbly. Portable or wall tount. Galvanized finish. Requires so1e asselbly. Portable or wall tount. Galvanized finish. Requires so1e asselbly. ll<lCS SHIPPED KllOCKED OOWlf WHERE APPLICABLE Warranty: One year on parts due to tanufacturer defects Prices subject to change without notice. page 2 BIKRAKPO.FOR/ts7 I Bikes Class Prices 4 3 $129.00 9 3 $289.00 15 3 $409.00 2 3 $ 79.00 5 3 $179.00 8 3 $260.00 33 3 $639.00 66 3 $1119.00 15 3 $519.00 30 3 $919.00 7 3 $275.00 11 3 $310.00 Thank you again for your time. We look forward to working with you. Sincerely, ~ti!!.~ Sales Representative RV/le Enclosures B:\Letter.Dir\NYECDevl.let/tsla ~ · I Texas Department of Transportation P.O. BOX 3249 •BRYAN, TEXAS 77805-3249 • (409) 778-2165 Mr. Edwin Hard City of College Station P.O. Box 9960 November 22, 1994 College Station, Texas 77842 College Station Bike Loop Project Dear Mr. Hard: Please review the attached draft agreement for this enhancement project. If the agreement meets with your approval, please have the city's portions of both counterparts executed and return them to this office. Under this agreement the city hires a consultant for the architectural/engineering documents; with state oversight, ·and the state lets and manages the construction contract. Please call Mr. Appleton at (409) 778-9707 with any questions. Attachments Sincerely, O~E~ Phillip E. Russell, P.E. Bryan Director of Transportation Planning and Development An Equal Opportunity Employer STATE OF TEXAS * COUNTY OF TRAVIS * County CSJ Project PROJECT DEVELOPMENT AGREEMENT Brazos 0917-29-062 College Station Bike Loop FOR STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM PROJECT THIS AGREEMENT, made on the date shown hereinafter, by and between the Texas Department of Transportation, hereinafter called the "State", and the City of College Station, Texas, a local government, or governmental agency or entity, hereinafter called the "City". W I T N E S S E T H WHEREAS, the City is the sponsor of the College Station Bike Loop project, to be hereinafter identified as the "Project", described by the nomination form, attached hereto and identified as "Exhibit A"; and WHEREAS, under Title 23, United States Code as amended by the Intermodal Surface Transportation Efficiency Act of 1991 and subsequent Federal legislation, a program entitled Category 4B, Texas Statewide Transportation Enhancement Program has been approved by the Texas Transportation Commission and said project is included in this program; and WHEREAS, the City has offered to participate in the development and construction of the Project by providing funding, preparing . the design documentation, acquiring the necessary right of way, accomplishing utility adjustments, and other necessary items required by the State; and WHEREAS, on the 28th day of October, 1993 the College Station City Council passed Resolution No. 10-28-93-9, attached hereto and identified as "Exhibit B", authorizing the City's participation in the Project; and WHEREAS, on the 28th day of April, 1994 the Texas Transportation Commission passed Minute Order 103709, attached . hereto and identified as "Exhibit C", authorizing the Project through the Statewide Transportation Enhancement Program; and WHEREAS, it is incumbent upon the State to secure the federal cost share, administer the development, contracting, construction, and management of this project. AGREEMENT NOW, THEREFORE, in consideration of the premises and of 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 completion of the Project or unless terminated or modified as hereinafter provided. c: ldatal"PWinldocs\enhanlbikeloop. agr Page 1 of 7 2. SCOPE OF PROJECT The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. 3. ACQUISITION OF RIGHT-OF-WAY A. The City shall perform the necessary requirements to provide the desired right-of-way required for the construction of the Project. The City will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq., including those provisions relating to incidental expenses incurred by the property owners. Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. B. In the event the right of way is donated to the City, the City will provide all documentation regarding the value of the acquired property to the State. The State will review the City's appraisal of the donated property to determine the fair market value. The fair market value of the donated right of way will be credited toward the cost of the project. Donations of property must be in accordance with Title 23 U.S.C. § 323. c. The State will not reimburse the City any funds for right of way acquired before FHWA approval. 4. RIGHT-OF-WAY DESCRIPTION The City shall prepare or cause to be prepared right-of-way plats, 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 plats and property descriptions shall be submitted to the State for approval prior to the City acquiring the necessary right of way. Tracings of the plats 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 each right-of-way parcel by methods acceptable to the State and to submit to the State's district office a tabulation of the values so determined, signed by the appropriate City representative. This tabulation shall list the parcel numbers, owners, 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. The State will review the data submitted and may base its reimbursement for parcel acquisitions on the values which are determined by this review. 6. CONDEMNATION Condemnation proceedings will be initiated at a time selected by the City and will be the City's responsibility at its own expense as hereinafter indicated. The City will concurrently file condemnation proceedings and a notice of lis pendens for each case. 7. COURT COSTS, COSTS OF SPECIAL COMMISSIONERS' HEARINGS Court costs of special commissioners' hearings assessed against the City in condemnation proceedings and fees incident thereto will be paid by the City. Such costs and fees incurred after FHWA approval will be eligible for reimbursement at an amount not to exceed eighty percent (80%) of the actual cost under the established reimbursement procedure. 8. REIMBURSEMENT Reimbursements will be made to the City for right of way purchased after the date of FHWA approval in an amount not to exceed eighty percent (80%) of the cost of the right of way purchased in accordance with the terms and provisions of this agreement. Reimbursement will not exceed eighty percent (80%) of the State's predetermined value of each parcel, or the net cost thereof, whichever is less. c: \data \"'IJWi n\docs \enhan\bi kel oop. agr Page 2 of 7 In addition, 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 or personnel property as well as incidental expenses incurred in conveying the needed right of way to the City. Reimbursement shall not exceed eighty percent (80%) of such documented costs. If condemnation is necessary and title is taken as set forth herein under the section entitled CONDEMNATION, the participation by the State shall be based on the final judgement, conditioned upon notifying the State in writing prior to the filing of such suit and upon giving prompt notice of all action taken therein. 9. UTILITY ADJUSTMENTS/RELOCATIONS A. If the proposed construction requires the adjustment, removal or relocation of such utility facilities, the City and its consultant will establish the necessary utility work in accordance with 43 T.A.C., Sec. 21.31-21.51 and notify the appropriate utility company to schedule their adjustments. 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 adjusted, removed or relocated during the construction of the Project, the City will be responsible for Qll costs associated with the additional utility work, unless this work is provided by the owners of the utility facilities. B. Utility adjustment costs which would be ~ligible for cost participation by virtue of a property interest as described in 23 C.F.R. 645.107 (A} (C}will be reimbursable to the City not to exceed eighty percent (80%) of actual costs. 10. ENVIRONMENTAL MITIGATION The State will be responsible for the preparation of the environmental assessment documents. The City will perform an Environmental Site Assessment for hazardous materials impact in accordance with the American Society for Testing and Materials (ASTM} 1528. 93 (Transaction Screen Process}. The City will be responsible for the mitigation and remediation of any environmental problems associated with the development and construction of the Project. The City shall provide to the State written certification from the appropriate regulatory agency(s} that the environmental problems have been remedied. The State will not let the construction contracts until all environmental problems have been remediated by the City. 11. 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 all conflicting utilities have been adjusted to clear the proposed construction. 12. SUBLETTING The City shall not sublet or transfer any portion of the work under this agreement unless specifically approved in writing by the State. All subcontracts shall include the provisions required in this contract and shall be. approved in writing by the State prior to the subcontrac-tor beginning work. 13. ARCHITECTURAL/ENGINEERING SERVICES A. The City will prepare or cause to be prepared the preliminary engineering necessary for the development of plans, specifications and estimates (P.S.& E.}. B. The P.S.& E. shall be developed by the City.or its consultant in accordance with the State's latest Standard Specifications For Construction Of Higbways. ·Streets And Bridges and AASHTO Guide for Development of Bicycle Facilities or its currently approved revisions. C. The City shall submit the completed P.S.& E. to the State for review and approval. Should the State determine revisions are required to the P.S.& E., the City shall prepare or cause to be prepared the necessary revisions. The State will not let the construction contract until the P.S.& E. have been approved by the State. c: \data \-.p.ori n\docs \enhanlbi ke loop. agr Page 3 of 7 D. The City must comply with the procedures established in 23 C.F.R. Part 172 in the selection of its consultant. The City shall submit its consultant selection procedures to the State for approval prior to beginning the hiring process. The contract for architectural or engineering services must not include compensation based on a percentage of construction cost. Disadvantaged Business Enterprise(DBE)/Historically Underutilized Business(HUB) participation in consultant contracts will meet the Federal goals. E. The City will submit to the State all documentation relating to actual costs incurred associated with the development of architectural documents and plans. Reasonable costs incurred by the City after the State has given written authorization will be eligible for reimbursement at an amount not to exceed eighty percent(80%) of the actual costs. The City shall comply with the cost principles established in OMB Circular A-87, "Cost Principle for State and Local Governments." Payments to the City for allowable costs will be made monthly while the work is in progress under this agreement. The City will prepare and present to the State a monthly progress report and an itemized and certified invoice (TxDOT Form 132, or an invoice that is acceptable to the State) each month stating the percent completion of the work accomplished during the month and also to date. The State shall reserve the right to withhold payment pending verification of satisfactory work performed. The City must submit adequate proof to the State that the task has been performed. The original Form 132, or an acceptable invoice, and four (4) copies should be submitted directly to the District Office to expedite processing. Upon receipt and approval of each statement, the State shall pay the amount which is due and payable within thirty (30) days time. The itemized and certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. 14. ACQUISITION AND CONSTRUCTION FUNDING A. The total costs for the Project are estimated at $1,348,000.00. B. The State will be responsible to secure the federal share of the funding required for the development and construction of the Project up to the maximum amount of $1,078,400.00 or eighty percent (80%) of the total cost to complete the Project, whichever is less. The City will be responsible for any non-federal participation costs associated with the Project. The federal funds provided under this agreement will be utilized for the planning and construction of the Project and to compensate the State for the costs incurred in reviewing the architectural contract documents and performing construction oversight and other administrative services required under this agreement. Federal funds are approved by this agre~ment for acquisition of property and construction of bike paths, lanes, bridges, and culvert crossings. C. Upon execution of this agreement, the City will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $48,266.00. This amount is based on twenty percent (20) of the sum of the estimated State administrative cost and the estimated engineering .cost. The funds will be utilized by State to review the P.S.& E. and for other incidental costs prior to letting. D. Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the City that its financial share for the construction is required. The City shall remit a check or warrant in the amount established by the State within thirty (30) days from receipt of the State's written notification to the address provided herein. Additionally, the City will be responsible for payment of costs exceeding the federal funding share established by Texas Transportation Commission Minute Order 103709. E. Reimbursement will be made to the City for property purchased after FHWA approval in an amount not greater than eighty percent (80%) of the cost of the property and improvements purchased according to the terms and provisions of this agreement. Reimbursement will not exceed eighty percent (80%) of the predetermined and preapproved value of the property or the net cost thereof,. whichever is less. In addition, reimbursement will be made to the City for necessary payments to appraisers, expenses incurred to assure good title to property acquired, and costs associated with incidental expense in conveying the c: ldatal"l'Wi nldocs \enhanlbike loop. agr Page 4 of 7 needed right of way to the City. Reimbursement shall not exceed eighty percent (80%) of such documented costs. F. In the event the State determines additional funding is required by the City at any time during the development of the Project, the State will notify the City in writing of the additional amount. 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. 15. CONSTRUCTION RESPONSIBILITIES 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 the responsibility of the City and subject to the approval of the State. B. The State will supervise and inspect all work performed by the construction contractor and will provide or cause to be provided 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. C. Upon completion of the Project, the State will issue to the City a "Notification of Completion", acknowledging the Project has been completed. Upon the City's receipt of the "Notification of Completion", the City agrees to accept ownership and operate and maintain the facility authorized by this agreement for the benefit of the public. 16. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the City will assume responsibility for maintenance of the completed facility. 17. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City. All documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced, approved or otherwise created by the City shall be transmitted to the State in the form of photocopy reproduction on a monthly basis . 18 . 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. 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 a 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. c. Violation or breach of contract terms shall be grounds for termination of the agreement, and any increased costs arising from the City's default, breach of contract or violation of agreement terms shall be paid by the City. 19. REMEDIES This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 20. 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 c: \data \i.pwi n\docs \enhan\bi ke loop. agr Page 5 of 7 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. 21. 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. 22. COMPLIANCE WITH LAWS The City shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the agreement. When required, the City shall furnish the State with satisfactory proof of the compliance therewith. 23. 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. 24. 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: City: Texas Department of Transportation 1300 N. Texas Avenue P.O. Box 3249 Bryan, TX 77805-3249 The City of College Station, Texas P. o. Box 9960 College Station, TX 77842 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. 25. INSPECTION OF BOOKS AND RECORDS The State will, for the purpose of termination of the agreement prior to completion, examine the books and records of the City to check the amount of work performed by the City at 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, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from the date of completion of work defined under this contract or until impending litigation is resolved. Additionally, the State, FHWA, and their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for making audits, examinations, excerpts, and transcriptions. c: \data \~n\docs \enhan\bike loop. agr Page 6 of 7 26. OMB AUDIT REQUIREMENTS The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, insuring the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-128. 27. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established in Title 49 C.F.R. Part 18.32 and the property management standards established in Title 49 C.F.R. Part 18.36 . 28. CIYIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 C.F.R. 21 and 23 C.F.R. 710 .405(B); Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 C.F .R. 60)). 29. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Minority Business Enterprise Program Requirements" established in 49 C.F.R. Part 23, Subpart D. 30. 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 programs under Executive Order 12549, Debarment and Suspension. The City shall require any party to a subcontract or 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. 31. 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 WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the date herein stated. City Signature By: Title of Executing Official ATTEST: By: Signature Title c: ldatal"17w'inldocslenhanlbikeloop.agr THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 103709. APPROVED: By: Date: Page 7 of 7 Robert Cuellar, P.E. Deputy Executive Director for Transportation Planning and Development r -J I I ~. \ I L -----~ r--~~--... .-..; I I j I ·'<. / \ ...... > @r CITY OF COLLEGE STATION BIKEWAY MASTER P L AN FOCUS GROUP REVISIONS r I 0 SCALE 5,000 (FEET) Legend: 10,000 -Bike Route Added -Bike Lane Added -Bikeway Needed* A Park • School * Bikewoy Needed roadways ore those that should be designated as a bikewoy but ore not due to a lock of street width and/or right-of-way to safely accommodate bicyclists. Mop prepared by Planning Division -Sept. 1993 . ) I Texas Department of Transportation P.O. BOX 3249 •BRYAN, TEXAS 77805-3249 • (409) 778-2165 Mr. Edwin Hard City of College Station P.O. Box 9960 November 22, 1994 College Station, Texas 77842 College Station Bike Loop Project Dear Mr. Hard: Please review the attached draft agreement for this enhancement project. If the agreement meets with your approval, please have the city's portions of both counterparts executed and return them to this office. Under this agreement the city hires a consultant for the architectural/engineering documents, with state oversight, and the state lets and manages the construction contract. Please call Mr. Appleton at (409) 778-9707 with any questions. Attachments Sincerely, 04€~ Phillip E. Russell, P.E. Bryan Director of Transportation Planning and Development An Equal Opportunity Employer STATE OF TEXAS * COUNTY OF TRAVIS * County CSJ Project PROJECT DEVELOPMENT AGREEMENT Brazos 0917-29-062 College Station Bike Loop FOR STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM PROJECT THIS AGREEMENT, made on the date shown hereinafter, by and between the Texas Department of Transportation, hereinafter called the "State", and the City of College Station, Texas, a local government, or governmental agency or entity, hereinafter called the "City". W I T N E S S E T H WHEREAS, the City is the sponsor of the College Station Bike Loop project, to be hereinafter identified as the "Project", described by the nomination form, attached hereto and identified as "Exhibit A"; and WHEREAS, under Title 23, United States Code as amended by the Intermodal Surface Transportation Efficiency Act of 1991 and subsequent Federal legislation, a program entitled Category 4B, Texas Statewide Transportation Enhancement Program has been approved by the Texas Transportation Commission and said project is included in this program; and WHEREAS, the City has offered to participate in the development and construction of the Project by providing funding, preparing the design documentation, acquiring the necessary right of way, accomplishing utility adjustments, and other necessary items required by the State; and WHEREAS, on the 28th day of October, 1993 the College Station City Council passed Resolution No. 10-28-93-9, attached hereto and identified as "Exhibit B", authorizing the City's participation in the Project; and WHEREAS, on the 28th day of April, 1994 the Texas Transportation Commission passed Minute Order 103709, attached hereto and identified as "Exhibit C", authorizing the Project through the Statewide Transportation Enhancement Program; and WHEREAS, it is incumbent upon the State to secure the federal cost share, administer the development, contracting, construction, and management of this project. A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of 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 completion of the Project or unless terminated or modified as hereinafter provided. c: \datal~nldocs\enhan\bikeloop . agr Page 1 of 7 2. SCOPE OF PROJECT The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. 3. ACQUISITION OF RIGHT-OF-WAY A. The City shall perform the necessary requirements to provide the desired right-of-way required for the construction of the Project. The City will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq., including those provisions relating to incidental expenses incurred by the property owners. Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. B. In the event the right of way is donated to the City, the City will provide all documentation regarding the value of the acquired property to the State. The State will review the City's appraisal of the donated property to determine the fair market value. The fair market value of the donated right of way will be credited toward the cost of the project. Donations of property must be in accordance with Title 23 U.S.C. § 323 . C. The State will not reimburse the City any funds for right of way acquired before FHWA approval. 4. RIGHT-OF-WAY DESCRIPTION The City shall prepare or cause to be prepared right-of-way plats, 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 plats and property descriptions shall be submitted to the State for approval prior to the City acquiring the necessary right of way. Tracings of the plats 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 each right-of-way parcel by methods acceptable to the State and to submit to the State's district office a tabulation of the values so determined, signed by the appropriate City representative. This tabulation shall list the parcel numbers, owners, 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. The State will review the data submitted and may base its reimbursement for parcel acquisitions on the values which are determined by this review. 6. CONDEMNA.TION Condemnation proceedings will be initiated at a time selected by the City and will be .the City's responsibility at its own expense as hereinafter indicated. The City will concurrently file condemnation proceedings and a notice of lis pendens for each case. 7. COURT COSTS. COSTS OF SPECIAL COMMISSIONBRS' HEARINGS Court costs of special commissioners' hearings assessed against the City in condemnation proceedings and fees incident thereto will be paid by the City. Such costs and fees incurred after FHWA approval will be eligible for reimbursement at an amount not to exceed eighty percent (80%) of the actual cost under the established reimbursement procedure. 8. REIMBURSEMENT Reimbursements will be made to the City for right of way purchased after the date of FHWA approval in an amount not to exceed eighty percent (80%) of the cost of the right of way purchased in accordance with the terms and provisions of this agreement. Reimbursement will not exceed eighty percent (80%) of the State's predetermined value of each parcel, or the net cost thereof, whichever is less. c: \data\"'!Jft'in\docs\enhan\bikeloop. agr Pa ge 2 of 7 In addition, 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 or personnel property as well as incidental expenses incurred in conveying the needed right of way to the City. Reimbursement shall not exceed eighty percent (80%) of such documented costs. If condemnation is necessary and title is taken as set forth herein under the section entitled CONDEMNATION, the participation by the State shall be based on the final judgement, conditioned upon notifying the State in writing prior to the filing of such suit and upon giving prompt notice of all action taken therein. 9 . UTILITY ADJUSTMENTS/RELOCATIONS A. If the proposed construction requires the adjustment, removal or relocation of such utility facilities, the City and its consultant will establish the necessary utility work in accordance with 43 T.A.C., Sec. 21.31-21 .51 and notify the appropriate utility company to schedule their adjustments. 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 adjusted, removed or relocated during the construction of the Project, the City will be responsible for all costs associated with the additional utility work, unless this work is provided by the owners of the utility facilities. B. Utility adjustment costs which would be eligible for cost participation by virtue of a property interest as described in 23 C.F.R. 645.107 (A) (C)will be reimbursable to the City not to exceed eighty percent (80%) of actual costs. 10. ENVIRONMENTAL MITIGATION The State will be responsible for the preparation of the environmental assessment documents. The City will perform an Environmental Site Assessment for hazardous materials impact in accordance with the American Society for Testing and Materials (ASTM) 1528. 93 (Transaction Screen Process). The City will be responsible for the mitigation and remediation of any environmental problems associated with the development and construction of the Project. The City shall provide to the State written certification from the appropriate regulatory agency(s) that the environmental problems have been remedied. The State will not let the construction contracts until all environmental problems have been remediated by the City. 11. 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 all conflicting utilities have been adjusted to clear the proposed construction. 12. SUBLETTING The City shall not sublet or transfer any portion of the work under this agreement unless specifically approved in writing by the State. All subcontracts shall include the provisions required in this contract and shall be approved in writing by the State prior to the subcontractor beginning work. 13 . ARCHITECTURAL/ENGINEERING SERVICES A. The City will prepare or cause to be prepared the preliminary engineering necessary for the development of plans, specifications and estimates (P.S.& E.). B. The P.S .& E. shall be developed by the City or its consultant in accordance with the State's latest Standard Specifications For Construction Of Higbways. Streets And Bridges and AASHTO Guide for Development of Bicycle Facilities or its currently approved revisions. c. The City shall submit the completed P .S.& E. to the State for review and approval. Should the State determine revisions are required to the P.S.& E., the City shall prepare or cause to be prepared the necessary revisions . The State will not let the construction contract until the P.S .& E. have been approved by the State. c: \data\lo.flWin\docs\enhan\bi keloop. agr Page 3 of 7 D. The City must comply with the procedures established in 23 C.F.R. Part 172 in the selection of its consultant. The City shall submit its consultant selection procedures to the State for approval prior to beginning the hiring process. The contract for architectural or engineering services must not include compensation based on a percentage of construction cost. Disadvantaged Business Enterprise(DBE)/Historically Underutilized Business(HUB) participation in consultant contracts will meet the Federal goals. E. The City will submit to the State all documentation relating to actual costs incurred associated with the development of architectural documents and plans. Reasonable costs incurred by the City after the State has given written authorization will be eligible for reimbursement at an amount not to exceed eighty percent(80%) of the actual costs. The City shall comply with the cost principles established in OMB Circular A-87, "Cost Principle for State and Local Governments." Payments to the City for allowable costs will be made monthly while the work is in progress under this agreement. The City will prepare and present to the State a monthly progress report and an itemized and certified invoice (TxDOT Form 132, or an invoice that is acceptable to the State) each month stating the percent completion of the work accomplished during the month and also to date. The State shall reserve the right to withhold payment pending verification of satisfactory work performed. The City must submit adequate proof to the State that the task has been performed. The original Form 132, or an acceptable invoice, and four (4) copies should be submitted directly to the District Office to expedite processing. Upon receipt and approval of each statement, the State shall pay the amount which is due and payable within thirty (30) days time. The itemized and certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. 14. ACQUISITION AND CONSTRUCTION FUNDING A. The total costs for the Project are estimated at $1,348,000.00. B. The State will be responsible to secure the federal share of the funding required for the development and construction of the Project up to the maximum amount of $1,078,400.00 or eighty percent (80%) of the total cost to complete the Project, whichever is less. The City will be responsible for any non-federal participation costs associated with the Project. The federal funds provided under this agreement will be utilized for the planning and construction of the Project and to compensate the State for the costs incurred in reviewing the architectural contract documents and performing construction oversight and other administrative services required under this agreement. Federal funds are approved by this agreement for acquisition of property and construction of bike paths, lanes, bridges, and culvert crossings. C. Upon execution of this agreement, the City will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $48,266.00. This amount is based on twenty percent (20) of the sum of the estimated State administrative cost and the estimated engineering cost. The funds will be utilized by State to review the P.S.& E. and for other incidental costs prior to letting. D. Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the City that its financial share for the construction is required. The City shall remit a check or warrant in the amount established by the State within thirty (30) days from receipt of the State's written notification to the address provided herein. Additionally, the City will be responsible for payment of costs exceeding the federal funding share established by Texas Transportation Commission Minute Order 103709. E. Reimbursement will be made to the City for property purchased after FHWA approval in an amount not greater than eighty percent (80%) of the cost of the property and improvements purchased according to the terms and provisions of this agreement. Reimbursement will not exceed eighty percent (80%) of the predetermined and preapproved value of the property or the net cost thereof, whichever is less. In addition, reimbursement will be made to the City for necessary payments to appraisers, expenses incurred to assure good title to property acquired, and costs associated with incidental expense in conveying the c: \data\~n\docs\enhan\bikeloop. agr Page 4 of 7 needed right of way to the City. Reimbursement shall not exceed eighty percent (80%) of such documented costs. F. In the event the State determines additional funding is required by the City at any time during the development of the Project, the State will notify the City in writing of the additional amount. 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. 15. CONSTRUCTION RESPONSIBILITIES 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 the responsibility of the City and subject to the approval of the State. B. The State will supervise and inspect all work performed by the construction contractor and will provide or cause to be provided 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. C. Upon completion of the Project, the State will issue to the City a "Notification of Completion", acknowledging the Project has been completed. Upon the City's receipt of the "Notification of Completion", the City agrees to accept ownership and operate and maintain the facility authorized by this agreement for the benefit of the public. 16. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the City will assume responsibility for maintenance of the completed facility . 17. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City. All documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use . All documents produced, approved or otherwise created by the City shall be transmitted to the State in the form of photocopy reproduction on a monthly basis. 18. TERMINATION A. This agreement may be terminated by any of the following conditi ons: (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 a 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. C. Violation or breach of contract terms shall be grounds for termination of the agreement, and any increased costs arising from the City's default, breach of contract or violation of agreement terms shall be paid by the City. 19. REMEDIES This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 20. 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 c: ldatalv.p.;i nldocs lenhanlbi ke loop. agr Pag e 5 of 7 . ' . 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. 21. 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. 22. COMPLIANCE WITH LAWS The City shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the agreement. When required, the City shall furnish the State with satisfactory proof of the compliance therewith. 23. 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. 24. 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: City: Texas Department of Transportation 1300 N. Texas Avenue P.O. Box 3249 Bryan, TX 77805-3249 The City of College Station, Texas P. 0. Box 9960 College Station, TX 77842 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. 25. INSPECTION OF BOOKS AND RECORDS The State will, for the purpose of termination of the agreement prior to completion, examine the books and records of the City to check the amount of work performed by the City at 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, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from the date of completion of work defined under this contract or until impending litigation is resolved. Additionally, the State, FHWA, and their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for making audits, examinations, excerpts, and transcriptions. c: \data\"1)Win\docs\enhan\bikeloop. agr Pag e 6 of 7 • ' r 26. OMB AUPIT REQUIREMENTS The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, insuring the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-128. 27. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established in Title 49 C.F.R. Part 18.32 and the property management standards established in Title 49 C.F.R. Part 18.36. 28. CIVIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 C.F.R. 21 and 23 C.F.R. 710.405(B); Executive Order 11246 titled "Equal Employment Opportunity, n as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 C.F.R. 60)). 29. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Minority Business Enterprise Program Requirements" established in 49 C.F.R. Part 23, Subpart D. 30. 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 programs under Executive Order 12549, Debarment and Suspension. The City shall require any party to a subcontract or 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. 31. 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 WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the date herein stated. City Signature By: Title of Executing Official ATTEST: By: Signature Title c: \data\"IJWi n\docs lenhan\bi ke l cop. agr THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 103709. APPROVED: By: Date: Page 7 of 7 Robert Cuellar, P.E. Deputy Executive Director for Transportation Planning and Development ' JI .. STATE OF TEXAS * COUNTY OF TRAVIS * County CSJ Project PROJECT DEVELOPMENT AGREEMENT Brazos 0917-29-062 College Stati on Bike Loop FOR STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM PROJECT THIS AGREEMENT, made on the date shown hereinafter, by and between the Texas Department of Transportation, hereinafter called the "State", and the City of College Station, Texas, a local government, or governmental agency or entity, hereinafter called the "City". W I T N E S S E T H WHEREAS, the City is the sponsor of the College Station Bike Loop project, to be hereinafter identified as the "Project", described by the nomination form, attached hereto and identified as "Exhibit A"; and WHEREAS, under Title 23, United States Code as amended by the Intermodal Sur face Transportation Efficiency Act of 1991 and subsequent Federal legislation, a program entitled Category 4B, Texas Statewide Transportation Enhancement Program has been approved by the Texas Transportation Commission and said project is included in this program; and WHEREAS, the City has offered to participate in the development and constr uction of the Project by providing funding, preparing the design documentation, acquiring the necessary right of way, --accomplis hi ng atilil!:y ? aa~~stments, and other necessary items required by the State; and WHEREAS, on the 28th day of October, 1993 the College Station City Council passed Resolution No . 10-28-93-9, attached hereto and identified as "Exhibit B", authorizing the City's participation in the Project; and WHEREAS, on the 28th day of April, 1994 the Texas Transportation Commission passed Minute Order 103709, attached hereto and identified as "Exhibit C", authorizing the Project through the Statewide Transportation Enhancement Program; and WHEREAS, it is incumbent upon the State to secure the federal cost share, administer the development, contracting, construction, and management of this project. A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of 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 completion of the Project or unless terminated or modified as hereinafter provided. c: ldatal"17Winldocslenhanlbikeloop. agr Page 1 of 7 2. SCOPE OF PROJECT The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. 3. ACQUISITION OF RIGHT-OF-WAY A. The City shall perform the necessary requireinents to provide the desired right-of-way required for the construction of the Project. The City will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq., including those provisions relating to incidental expenses incurred by the property owners. Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. B. In the event the right of way is donated to the City, the City will provide all documentation regarding the value of the acquired property to the State. The State will review the City's appraisal of the donated property to determine the fair market value. The fair market value of the donated right of way will be credited toward the cost of the project. Donations of property must be in accordance with Title 23 U.S.C. § 323. C. The State will not reimburse the City any funds for right of way acquired before FHWA approval. 4. RIGHT-OF-WAY DESCRIPTION The City shall prepare or cause to be prepared right-of-way plats, 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 plats and property descriptions shall be submitted to the State for approval prior to the City acquiring the necessary right of way. Tracings of the plats 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 each right-of-way parcel by methods acceptable to the State and to submit to the State's district office a tabulation of the values so determined, signed by the appropriate City representative. This tabulation shall list the parcel numbers, owners, 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. The State will review the data submitted and may base its reimbursement for parcel acquisitions on the values which are determined by this review. 6. CONPEMHATION Condemnation proceedings will be initiated at a time selected by the City and will be the City's responsibility at its own expense as hereinafter indicated. The City will concurrently file condemnation proceedings and a notice of lis pendens for each case. 7. COURT COSTS, COSTS OF SPECIAL COMMISSIONERS' HEARINGS Court costs of special commissioners• hearings assessed against the City in condemnation proceedings and fees incident thereto will be paid by the City. Such costs and fees incurred after FHWA approval will be eligible for reimbursement at an amount not to exceed eighty percent (80~) of the actual cost under the established reimbursement procedure. 8. REIMBURSEMENT Reimbursements will be made to the City for right of way purchased after the date of FHWA approval in an amount not to exceed eighty percent (80%) of the cost of the right of way purchased in accordance with the terms and provisions of this agreement. Reimbursement will not exceed eighty percent (80%) of the State's predetermined value of each parcel, or the net cost thereof, whichever is less. c: \data\"!)Wi n\docs \enhan\b i ke loop. agr Page 2 of 7 ' In addition, reimbursement will be made to the City f or necessary payments to appraisers, expenses incurred in order to assure good t i tle to property acquired and costs associated with the relocation of displaced persons or personnel property as well as incidental expenses incurred in conveying the needed right of way to the City. Reimbursement shall not exceed eighty percent (80%) of such documented costs. If condemnation is necessary and title is taken as set forth herein under the section entitled CONDEMNATION, the participation by the State shall be based on the final judgement, conditioned upon notifying the State in writing prior to the filing of such suit and upon giving prompt notice of all action taken therein. 9. UTILITY ADJUSTMENTS/RELOCATIONS A. If the proposed construction requires the adjustment, removal or relocation of such utility facilities, the City and its consultant will establish the necessary utility work in accordance with 43 T.A.C., Sec. 21.31-21.51 and notify the appropriate utility company to schedule their adjustments. 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 adjusted, removed or relocated during the construction of the Project, the City will be responsible for all costs associated with the additional utility work, unless this work is provided by the owners of the utility facilities. B. Utility adjustment costs which would be eligible for cost participation by virtue of a property interest as described in 23 C.F.R. 645.107 (A) (C)will be reimbursable to the City not to exceed eighty percent (80%) of actual costs. 10. ENVIRONMENTAL MITIGATION -WJ.i£rt. "'"'J tfii·s ,·le.-~flv? EA/tr<., /h.o/~.7 t..J ~p. IVU#Cf The State will be responsible for the preparation of tHe Efnvironmentat assessment L ) documents. The City will perform an Environmental Site Assessment for hazardous en17. materials impact in accordance with the American Society for Testing and Materials (ASTM) 1528. 93 (Transaction Screen Process). The City will be responsible for the mitigation and remediation of any environmental problems associated with the development and construction of the Project .. The City shall provide to the State written certification from the appropria te regulatory agency(s) that the environmental problems have been remedied. The State will not let the construction contracts until all environmental problems have been remediated by the City. /? / L A / I <-onfi ~~ ,-"71 ~ f 7l) ( 0 . 11. CERTIFICATION The City shall provide to the tate forty-five (45) days prior to the construction contract let date, a eeE"~iEic:atiou that all enviLonmel'ltal p1;oblema hav e been remedi•ted, •nd all conflicting utilities have been adjusted to clear the proposed construction. 12. SUBLETTING The City shall not sublet or transfer any portion of the work under this agreement unless specifically approved in writing by the State. All subcontracts shall include the provisions required in this contract and shall be approved in writi ng by the State prior to the subcontractor beginning work. 13. ARCHITECTURAL/ENGINEERING SERVICES A. The City will prepare or cause to be prepared the preliminary engineering necessary for the development of plans, specifications and estimates (P.S.& E.). B. The P.S.& B. shall be developed by the City or its consultant in accordance with the State's latest Standard Specifications For Construction Of Highways. Streets And Bridges and MSHTO Guide for Development of Bicycle Facilities or its currently approved revisions. C. The City shall submit the completed P.S.& B. to the State for review and approval. Should the State determine revisions are required to the P.S.& E., the City shall prepare or cause to be prepared the necessary revisions . The State will not let the construction contract until the P.S.& B. have been approved by the State. c: \data\lopW'i n\doc:s \enhan\b1 ke loop. agr Page 3 of 7 tg x t o?. D. The City must comply with the procedures established in 23 C.F.R. Part 172 in the selection of its consultant. The City shall submit its consultant selection procedures to the State for approval prior to beginning the hiring process. The contract for architectural or engineering services must not include compensation based on a percentage of construction cost. Disadvantaged Business Enterprise(DBE)/Historically Underutilized Business(~) participation in consultant contracts will meet the Federal goals. S/'~'Y.. p....,,/~/ ~o,.../s. ~ IJBc/h4f13 E. The City will submit to the State all documentation relating to actual costs incurred associated with the development of architectural documents and plans. Reasonable costs incurred by the City after the State has given written authorization will be eligible for reimbursement at an amount not to exceed eighty percent(80%) of the actual costs. The City shall comply with the cost principles established in OMB Circular A-87, "Cost Principle for State and Local Governments." Payments to the City for allowable costs will be made monthly while the work is in progress under this agreement. The City will prepare and present to the State a monthly progress report and an itemized and certified invoice (TxDOT Form 132, or an invoice that is acceptable to the State) each month stating the percent completion of the work accomplished during the month and also to date. The State shall reserve the right to withhold payment pending verification of satisfactory work performed. The City must submit adequate proof to the State that the task has been performed. The original Form 132, or an acceptable invoice, and four (4) copies should be submitted directly to the District Office to expedite processing. Upon receipt and approval of each statement, the State shall pay the amount which is due and payable within thirty (30) days time. The itemized and certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. 14. ACQUISITION AND CONSTRUCTION FUNDING A. The total costs for the Project are estimated at _$1,348,000.00. B. The State will be responsible to secure the federal share of the funding required for the development and construction of the Project up to the maximum amount of $1,078,400.00 or eighty percent (80%) of the total cost to complete the Project, whichever is less. The City will be responsible for any non-federal participation costs associated with the Project. deral funds:t rovided under his a reement will be utilized for the planning and construction of the Pro'ect o t c cuments and performing construction oversi ht and other administrative and to he State for the costs incurred in rev ew n the architectura ) ''""',5"2 '-"' -;:-ervices er t is a reement . Federal funds are approved by t is pt,J;;,. agreement for acquisition of property and construction of bike paths, lanes, to~ ' (f l,3 ~8 X.2-b1ridges, and culvert crossings. 'h,2.f.(,"';!. X a. Upon execution of this agreement, the Cit will warrant able to the "Texas De artment the amount f ~·s (...Jl,-eJ.s J.48, 266. 00. This amount is based on twenty percent _ the sum of the ,J " " estimated State administrative cost and the estimated engineering cost. The funds rt.--8 will be utilized by State to review the P.S.& E . and for other incidental costs prior to letting. D. Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the City that its financial share for the construction is required. The City shall remit a check or warrant in the amount established by the State within thirty (30) days from receipt of the State's written notification to the address provided herein. Additionally, the City will be responsible for payment of costs exceeding the federal funding share established by Texas Transportation Commission Minute Order 103709. E. Reimbursement will be made to the City for property purchased after FHWA approval in an amount not greater than eighty percent (80%) of the cost of the property and improvements purchased according to the terms and provisions of this agreement . Reimbursement will not exceed eighty percent (80%) of the predetermined and preapproved value of the property or the net cost thereof, whichever is less. In addition, reimbursement will be made to the City for necessary payments to appraisers, expenses incurred to assure good title to property acquired, and costs associated with incidental expense in conveying the c: \datalloopo<'inldocslenhanlb1keloop. agr Page 4 of 7 needed right of way to the City. Reimbursement shall not exceed eighty percent (80%} of such documented costs. F. In the event the State determines additional funding is reqUired by the City at aay t:ime Ei'l:l:ril'l:g tl3.e Q.eua lopment g£ tee P!!'e3 aQ t, the State will notify the City in writing of the additional amount. The City will make payment to the State within thirty ( 3 0) days from receipt of the State's notification. Upos eempl..a tieR e f taa PEe3aet, ehe Sta t e will p erfor'Bl a R attdit: e£ tae eests and a~· i'l:l:flds d'l:l:e the c~ll be pLomr tJ:rz e t:'l:l:Eaa4_. '"-Ute u.-.,.r ~ ~late Jc.le,.,')le~ /.'4.-vh ~ d,..,e b""'-. ./. ~ Ct "f 1 & Sia.Fi "'ti r.,.,;/w"' o/Mse-~-ts w1~'r1 ~'ny C 'lrJ) A ,..yl ""q..,. /lu.#. ... :k. o I' ~~If. 15. CONSTRUCTION RESPONSIBILITIES 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 ~~he award of the construction contrac;F,.:ilJ,hall be the responsibility of the ~ and subject to the approval of the ~//""'''J<CJ ... B. The State will supervise and inspect all work performed by the construction contractor and will provide or cause to be provided 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. C. Upon completion of the Project, the State will issue to the City a "Notification of Completion", acknowledging the Project has been completed. Upon the City's receipt of the "Notification of Completion", the City agrees to accept ownership and operate and maintain the facility authorized by this agreement for the benefit of the public. e'·"·""-' ""'' de~ or c:J..~ ,;,c..r.M.#C rl.c. c.osf ot He. 1'"*1'--f "--~ !14.H-4S tl.c,./;w .,, r~, 11v.._owt 161. -, 16. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the City will assume responsibility for maintenance of the completed facility/ ~ey/. ~ .JeA'<.,·u.c.i'GS j',,f,.,,J.,·~ cs /h,,c.J c..-v..,.~ WC#' Ike. t11c.rrul: y: V'•'11'tr'J 11 I ~ c11111-H~;...... ~rtfr:u/-. 17. OWNE~~ OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City. All documents prepared by the State shall remain the property of the State ~i;!lc;.q~ta prepared under this agreement shall be made available to the State~'1f~h~~t 'i1estriction or limitation on their further use. All deewae RtB p!!'edweed.1 &Jil)i;l;;"Q't"e d 91!' et:he rwise ere ate d ey: t:he Sit¥o shall h e t zau s miteed t:e tae State ia tae imiRll et Ji;)AQteeepy r e pred'l:l:ekieR QR • meRthl.y l;uu1i11-1 J.11 dor."-"'!e./s P'.J.""-.c.il 1 ty~tl~ •r DiWWt'l~ U~ "'f e.~ f..,ly Siu.ti b. lrNt,,. .. ,..J-1. f. !IA. ,,.uu-,..,.1-y I~ /W.. .,.,...,. 0P"plt•lec,01t l'~.t-.11·,.._ ...... tff•#t'/-4.t; k-..s1)-. 18. 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. B. 'f'h:e t!e~RatiieR gf tais &!JEeement s h all ex ti ngn i 11h a l l r:i gb t 11, d.1.ltie11., at:ligatiofts mid lieth ilit:ie11 gf the Se a e e &Rd City ~d.er t h i 11 agr eemeRt If t h a p eeeat:ia l t~rm!iftat ien e£ ehi9 S!JEeemeRt j S due to the failure of t he Cj t y tc<>- f'l:l:lf:!.11 its cout:i::cet:'t1a l obl igati ons as set £e rrta her e i R, t he State will RQtif ¥ taa Ciey a j,'e ssi b l e 1'reaeh of coutzaet h:as oee'l!rrea. Tse City she'l:l:la make every effert t o remedy e h:e 1'reacli a& outlined by the S tate wi thln a p eriad. m.1.lt1.la llo/ agr eed upgn hy beta pa:i:: Lie a.. by ..,'1-4.., ,._ly c. Violation or breach of contract termsr shall be grounds for termination of the agreement, and any increased costs arising from the ~i j s default, breach Qf c pntf act or violation of agreement terms shall be paidAby ~ae Cit:y-.+4<, f""'ly '" !/o ,/..,J.. n-. e11./-,·pa.y 19. R:EMEDIES This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 20. INPEMHIFICATION 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 c: \datal-1nldocs \enhanlbi ~e 1 oop. agr Page 5 of 7 liabilities e1:1e t:e the ac ti y it:les ei ehe Cit:}1 .it;& effiaeE"s 1 empl.0)'88 &, ag9:at& ttm:t"' ceft~l!'aet:eE"s p ai::fo:c:m9a m:.der thi s agr eemefte aaGi 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. 21. 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. 22. COMPLIANCE WITH LAWS The City shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the agreement. When required, the City shall furnish the State with satisfactory proof of the compliance therewith. 23. 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, illegal ity 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. 24. NOTICES All not ices 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: City: Texas Department of Tr~nsportation 1300 N. Texas Avenue P.O. Box 3249 Bryan, TX 77805-3249 The City of College Station, Texas P. O. Box 9960 College Station, TX 77842 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. 25. INSPECTION OF BOOKS AND RECORPS The State will, for the purpose of termination of the agreement prior to completion, examine the books and records of the City to check the amount of work performed by the City at 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, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from the date of completion of work defined under this contract or until impending litigation is resolved. Additionally, the State, FHWA, and their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for making audits, examinations, excerpts, and transcriptions. c: \datal"!M1nldocs lenhanlbike loop. agr Page 6 of 7 26. OMB AUPIT REQUIREMENTS The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, insuring the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-128. 27. PROCUREMENT AND PROPERTY MANAGEMENT STANPARPS The City shall adhere to the procurement standards established in Title 49 C.F.R. Part 18.32 and the property management standards established in Title 49 C.F.R. Part 18.36. 28. CIYIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 C.F.R. 21 and 23 C.F.R. 710 .405(B); Executive Order 11246 titled •Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 C.F.R. 60)). 29. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Minority Business Enterprise Program Requirements" established in 49 C.F.R. Part 23, Subpart D. 30. 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 programs under Executive Order 12549, Debarment and Suspension. The City shall require any party to a subcontract or 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. 31. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreem,ents respecting the within subject matter. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the date herein stated. City Signature By: Title of Executing Official ATTEST: By: Signature Title c: \data\lopo<i nldocslenhanlb1ke loop. agr THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 103709. APPROVED: By: Date: Page 7 of 7 Robert Cuellar, P.E. Deputy Executive Director for Transportation Planning and Development I 6.s LIST OF CONCERNS WITH PROJECT DEVELOPMENT AGREEMENT Item 10. Environmental Mitigation (Page 3 of 7) /The language in this item is unclear. It declares the state responsible for the preparation of environmental assessment documents; however, it states that the City will perform an ESA for hazardous materials impact. The responsibilities seem to overlap. Also , I am concerned about the extent of the overall requirement. Does this item apply to the entire project area, or only in instances where land acquisition is required. In any event, I would suggest that the City avoid taking part in these activities. My suggestion is that the entire clause be deleted. Item 11. Certification (Page 3 of 7) /The reference to environmental problems should be deleted. Item 13. Architectural/Engineering Services (Page 3 of 7) /Subsection D. -Specify Federal Goals for DBE/HUB participation. Item 14. Acquisition of Construction Funds (Page 4 of 7) /subsection B states that federal funds will be utilized for the planning and construction of the Project and to compensate the State for the costs incurred in reviewing the contract documents, construction oversight, administrative services, etc. Why then does Subsection C require the City to warrant 20% of those funds? This section should be deleted. ~ ~ vke'vise Subsection F to reflect that the State will perform an audit of costs upon completion of construction. Should it be determined that additional funding is required by the City, the City will make payment to the State, and that any funds due the City will be promptly returned. Item 15. Construction Responsibilities (Page 5 of 7) Subsection A, as written, makes the City responsible for any and all change orders. The following (or similar language) should be added to the end of the paragraph: "provided the change or changes increase the cost of the project beyond that as defined in Items 13 and 14." tern 16. Maintenance Responsibilities (Page 5 of 7) The following language should be added to the end of the sentence: "except for deficiencies identified as items covered under the warranty provisions of the construction contract." ~m 17. Ownership of Documents (Page 5of7) Fourth line, add after State: "and the City". The last sentence should be revised as follows : "All documents produced, approved or otherwise created by either party shall be transmitted to the other party in the form of photocopy reproduction on a monthly basis." ~m 18. Termination (Page 5 of 7) Delete everything after the first sentence in subsection B. tern 20. Indemnification (Page 6 of 7) / tJ.J.c.. ~t Delete subsection C. ~ f~ f4/,.-J:i s 'tf.J..,/., 'i'A--. First line, after "liabilities", delete "due to the activities of the City, its officers, employees, agents and contractors performed under this agreement and". Ed, these are the main items that I think need to be addressed. I would suggest that you compile everyone's comments and submit the proposed revisions to the State, and let's see what happens. Once we come to an agreement on the terms and conditions, then we can pursue CRC recommendations. If you have any questions, let me know. BIKE LOOP PROJECT Financial Summary: 1. Purchase of right-of-way and related expenses -City will pay for the expenses and then be reimbursed 80% subject to the maximum of the State's predetermined value of the parcel. ,f-/So r;,,c~r Cl!"N'f a.,Jfr {;y c,,..,,fe,.,,l(.;l..f.,;,,,..... -let>?., 2. Relocation of Utilities -Cit will pay 100%') .(!.)i( CR-l'f /:.,..., -tflos"C.. e.-/1j ' b le ... , bt.t v•YlvJ. .f tJ.. ~fkf ,;,..#.r .. .rJ, 3. Architectural/Engineering Services -City will pay for the expenses and then be reimbursed 80%. 4. Construction -City will pay 20% up front to the State. Sixty days prior to the date set for receipt of the construction bids, the City will be notified of its costs for construction and payment will be due in thirty days. 5. Upon execution of the agreement, the city will pay the State for $48,266 to cover the City's share of the State's Administrative Cost. 6. If additional funding is needed, the State will notify the City and the City will pay within 30 days. Questions: 1. If any City employee's time is involved with executing any part of the project, can it be included as a project expense? 2. What is the breakdown of the $1 ,348,000? Overhead/ Administration Planning Construction Land Purchases 3. Do we have a project number set up? 4. Do we have a blank progress payment form, TxDOT form 132? Note -Be sure all purchase orders, payments, and time sheets contain the project number. Antares Grou p Incorporated 4351 Garden City Dr., Suite 301 • Landover, MD 20785 • 301-731-1900 • Fax: 301-731-1904 January 22, 1997 Edwin Hard College Station Bike Loop P.O. Box 9960 College Station, TX 77842 Dear Mr. Hard, Both the Federal Highway Administration and ANT ARES Group would like to thank you for your co-operation and support in providing project data for the Visual Database of Transportation Enhancements (VDTE), Version 1.0. The CD-ROM was released in September 1996 and has been received with great success. If you have not yet received the CD-ROM and the FHwA brochure ''Leaving a Place Better Than We Found it", please contact Tim Lidiak: at the Transportation Enhancements Clearinghouse at (202) 463-0641. VDTE, Version 1.0 was released with 245 Transportation Enhancement Projects integrating text, graphics, photographs, audio, and video elements of both project and program information in an easily accessible format. The database was developed based on State and local requests for information on Transportation Enhancement Program (TEP) projects and the sharing of "lessons learned." With the success of the VDTE, Version 1.0, FHwA has decided to update the database and include new projects as well as updated information on projects already in the database. ANT ARES Group is continuing its VDTE data collection effort and again kindly requests your support. Since FHwA's primary goal is to assist you, the project sponsors, and the States, all responses will be voluntary. However, we are hoping to achieve a good national-level mix and a representative cross-section of all transportation enhancement categories. In addition, we hope to include in the database those projects that are unique, exemplary, or have aspects that make them highly probable candidates for national replication. The goal over the next year is to produce a database that will include data on over 400 projects. We will be collecting the information over the next two to three months, and concurrently entering the data into the database and returning original media. We are asking that you provide us with updated, as well as new textual data and multimedia information on projects where you supplied data before for the transportation enhancement projects that have been programmed, are under construction, or have been completed. In addition, if you are responsible for other Transportation Enhancement Projects that have not been included in the database, please send us the new project data. If you are aware of other projects that should be included in the database, please pass this information onto those parties in charge or have them contact ANT ARES Group. -. .__ January 22, 1997 Page 2 If you have a copy of the VDTE, Version 1.0 CD-ROM (or earlier Beta versions), there is documentation under the icon "Send Us Your Project Data" that explains the program and the type of data we are looking for. There is also a data template under the icon "Project Data Template" for providing textual data on your projects. Because this is a multi-media database, any slides, photographs, site plans, architects' sketches, video footage on videotape (VHS or 3/4" format), and audio recordings that you can send are just as important as text. All materials sent to ANTARES will be copied and returned to you. We would ask that you send project data as soon as possible, but no later than March 15, 1997. Please send all materials to: ANT ARES Group Inc. Attn: VDTE Project Data 4351 Garden City Dr., Suite 301 Landover, MD 20785 tel. (301) 731-1900, fax (301) 731-1904 Anyone contributing project data will be sent the production version of the Visual Database of Transportation Enhancements on CD-ROM in 1997. FHwA believes that this advanced visual database will help increase local participation as well as take advantage of "lessons learned" by prior program participants. Additionally, given the current Congressional interest in programmatic results and effectiveness across all elements of the Federal government, there is a high probability that the Visual Database will be used this coming year for FHwA staff presentations to the U.S. Congress informing/educating them on the value of the transportation enhancements program. Thank you in advance for your support in developing this most interesting and unique information dissemination tool. If you should have any questions on this visual database, or have not received VDTE, Version 1.0 CD-ROM to try out for yourself, please contact Tim Lidiak at the Transportation Enhancements Clearinghouse at (202) 463-0641 or me at the above phone number. p;::S, Patrick D. Arthur VDTE Team Leader Multimedia Products and Services G".A~ ~ ~ 'I I Texas Department of Transportation P.O. BOX 3249 •BRYAN, TEXAS 77805-3249 • (409) 778-2165 Mr. Edwin Hard City of College Station P.O. Box 9960 November 22, 1994 College Station, Texas 77842 College Station Bike Loop Project Dear Mr. Hard: Please review the attached draft agreement for this enhancement project. If the agreement meets with your approv al, please have the city's portions of both counterparts executed and return them to this office. Under .this agreement the city hires a consultant for the architectural/engineering documents, with state oversight, and the state lets and manages the construction contract. Please call Mr. Appleton at (409) 778-9707 with any questions. Attachments Sincerely, 04/F~ Phillip E. Russell, P.E. Bryan Director of Transportation Planning and Development An Equal Opportunity Employer 'J#jJ ~ u --nr;r["? _.../'/ ".YVl!p. - -,..rrr:s j'"'/Y-."'/ !<,,, f '""' 11J s-rr-f~ 4 ~ l2.711 '- •, ' f' • .. ..... ~II... "It STATE OF TEXAS * COUNTY OF TRAVIS * County CSJ Project PROJECT DEVELOPMENT AGREEMENT Brazos 0917-29-062 College Station Bike Loop FOR STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM PROJECT THIS AGREEMENT, made on the date shown hereinafter, by and between the Texas Department of Transportation, hereinafter c·alled the "State", and the City of College Station, Texas, a local government, or governmental agency or entity, hereinafter called the "City". W I T N E S S E T H WHEREAS, the City is the sponsor of the College Station Bike Loop project, to be hereinafter identified as the "Project", described by the nomination form, attached hereto and identified as "Exhibit A"; and WHEREAS, under Title 23, United States Code as amended by the Intermodal Surface Transportation Efficiency Act of 1991 and subsequent Federal legislation, a program entitled Category 4B, Texas Statewide Transportation Enhancement Program has been approved by the Texas Transportation Commission and said project is included in this program; and WHEREAS, the City has offered to participate in the development and construction of the Project by providing funding, preparing the design documentation, acquiring the necessary right of way, accofplishing utility adjustments, and other necessary items ~required b~ the State~ and ·--_ G,...[l,c,) d,J..'./-t,4 WHEREAS, on the 28th day of October, 1993 the College Station City Council passed Resolution No. 10-28-93-9, attached hereto and identified as "Exhibit B", authorizing the City's participation in the Project; and WHEREAS, on the 28th day of April, 1994 the Texas Transportation Commission passed Minute Order 103709, attached hereto and identified as "Exhibit C", authorizing the Project through the Statewide Transportation Enhancement Program; and WHEREAS, it is incumbent upon the State to secure the federal cost share, administer the development, contracting, construction, and management of this project. AGREEMENT NOW, THEREFORE, in consideration of the premises and of 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 completion of the Project or unless terminated or modified as hereinafter provided. c: \data\"flwi n\docs \enhan\bi ke loop. agr Page 1 of 7 2. SCOPE OF PROJECT The State and the City agree that the spope AUth9Fized by the Texas I<> Co-. fl 'W-... " f-: /l o .. :fK r 3. ACQUISITION OF RIGHT-OF-WAY fl lf the scope of the Project shall be limited to Transportation Commission. ~ Wt" ,,,,__~1 -.,-,,._t/y A A. The City shall perform the necessary requirements to provide the desired right-of-way required for the construction of the Project. The City will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq., including those provisions relating to incidental expenses incurred by the property owners. Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. B. In the event the right of way is donated to the City, the City will provide all documentation regarding the value of the acquired property to the State. The State will review the City's appraisal of the donated property to determine the fair market value. The fair market value of the donated right of way will be credited toward the cost of the project. Donations of property must be in accordance with Title 23 u.s.c. § 323. C. The State will not reimburse the City any funds for right of way acquired before FHWA approval. 4. RIGHT -OF -WAY DESCRIPTION The City shall prepare or cause to be prepared right-of-way plats, 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 plats and property descriptions shall be submitted to the State for approval prior to the City acquiring the necessary right of way. Tracings of the plats 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 each right-of-way parcel by methods acceptable to the State and to submit to the State's district office a tabulation of the values so determined, signed by the appropriate City representative. This tabulation shall list the parcel numbers, owners, 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. The State will review the data submitted and may base its reimbursement for parcel acquisitions on the values which are determined by this review. 6. CONDEMNATION Condemnation proceedings will be initiated at a time selected by the City and will be the City's responsibility at its own expense as hereinafter indicated. The City will concurrently file condemnation proceedings and a notice of lis pendens for each case. 7. COURT COSTS. COSTS OF SPECIAL COMMISSIONERS' HEARINGS Court costs of special commissioners' hearings assessed against the City in condemnation proceedings and fees incident thereto will be paid by the City. such costs and fees incurred after FHWA approval will be eligible for reimbursement at an amount not to exceed eighty percent (80%) of the actual cost under the established reimbursement procedure. 8. REIMBURSEMENT Reimbursements will be made to the City for right of way purchased after the date of FHWA approval in an amount not to exceed eignty percent (80%) of the cost of the right of way purchased in accordance with the terms and provisions of this agreement. Reimbursement will not exceed eighty percent (80%) of the State's predetermined value of each parcel, or the net cost thereof, whichever is less. c: \data\"l"'in\docs\enhan\bikeloop. agr Pag e 2 of 7 In addition, 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 or personnel property as well as incidental expenses incurred in conveying the needed right of way to the City. Reimbursement shall not exceed eighty percent (80%) of such documented costs. If condemnation is necessary and title is taken as set forth herein under the section entitled CONDEMNATION, the participation by the State shall be based on the final judgement, conditioned upon notifying the State in writing prior to the filing of such suit and upon giving prompt notice of all action taken therein. 9. UTILITY ADJUSTMENTS/RELOCATIONS A. If the proposed construction requires the adjustment, removal or relocation of such utility facilities, the City and its consultant will establish the necessary utility work in accordance with 43 T.A.C., Sec. 21.31-21.51 and notify the appropriate utility company to schedule their adjustments. 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 adjusted, removed or relocated during the construction of the Project, the City will be responsible for all costs associated with the additional utility work, unless this work is provided by the owners of the utility facilities. B. Utility adjustment costs which would be eligible for cost participation by virtue of a property interest as described in 23 C.F.R. 645.107 (A) (C)will be reimbursable to the City not to exceed eighty percent (80%) of actual costs. llO. ENVIRONMENTAL MITIGATION-w/u+ ~ "'~ k W-L k ~s, The State will be responsible for the preparation of the environmental assessment documents. The City will perform an Environmental Site Assessment for hazardous materials impact in accordance with the American Society for Testing and aterials (ASTM) 1528. 93 (Transaction Screen Process) . The City will be responsible for the mitigation and remediation of any environmental problems associated with the development and construction of the Project. The City shall provide to the State written certification from the appropriate regulatory agency(s) that the environmental problems have been remedied. The State will not let the construction contr~apts until all environmental problems have been remediated by the City. WnJ..lll--~"J v'a....-/-f ~4 ./:,.., ~ ,,J~ .,Je,. ~rA-~~ £ / 5 tJ.-1 ~ lf.'t.os l'? o+B.;~ CL.V..W-• 11. 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 all conflicting utilities have been adjusted to clear the proposed construction. 12. SUBLETTING The City shall not sublet or transfer any portion of the work under this agreement unless specifically approved in writing by the State. All subcontracts shall include the provisions required in this contract and shall be approved in writing by the State prior to the subcontractor beginning work. 13 . ARCHITECTURAL/ENGINEERING SERVICES A. The City will prepare or cause to be prepared the preliminary engineering necessary for the development of plans, specifications and estimates (P.S.& E.). B. The P.S.& E. shall be developed by the City or its consultant in accordance with the State's latest Standard Specifications For Construction Of Highways, Streets And Bridges and AASHTO Guide for Development of Bicycle Facilities or its currently approved revisions. c. The City shall submit the completed P .S.& E. to the State for review and approval. Should the State determine revisions are required to the P.S.& E., the City shall prepare or cause to be prepared the necessary revisions. The State will not let the construction contract until the P.S.& E. have been approved by the State. c: \data \"'l)oli n\docs \enhan\bi Ke 1 oop. agr Page 3 of 7 D. The City must comply with the procedures established in 23 C.F.R. Part 172 in the selection of its consultant. The City shall submit its consultant selection procedures to the State for approval prior to beginning the hiring process. The contract for architectural or engineering services must not include compensation based on a percentage of construction cost. Disadvantaged Business Enterprise(DBE)/Historically Underutilized Business(HUB) participation in consultant contracts will meet the Federal goals. E. The City will submit to the State all documentation relating to actual costs incurred associated with the development of architectural documents and plans. Reasonable costs incurred by the City after the State has given written authorization will be eligible for reimbursement at an amount not to exceed eighty percent(80%) of the actual costs. The City shall comply with the cost principles established in OMB Circular A-87, "Cost Principle for State and Local Governments." Payments to the City for allowable costs will be made monthly while the work is in progress under this agreement. The City will prepare and present to the State a monthly progress report and an itemized and certified invoice (TxDOT Form 132, or an invoice that is acceptable to the State) each month stating the percent completion of the work accomplished during the month and also to date. The State shall reserve the right to withhold payment pending verification of satisfactory work performed. The City must submit adequate proof to the State that the task has been performed. The original Form 132, or an acceptable invoice, and four {4) copies should be submitted directly to the District Office to expedite processing. Upon receipt and approval of each statement, the State shall pay the amount which is due and payable within thirty (30) days time. The itemized and certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. 14. ACQUISITION AND CONSTRUCTION FUNDING A. The total costs for the Project are estimated at $1,348,000.00. B. The State will be responsible to secure the federal share of the funding required for the development and construction of the Project up to the maximum amount of $)._,078,400.00 or eighty percent (80%) of the total cost to complete the Project, whichever is less. The City will be responsible for any non-federal participation costs associated with the Project. The federal funds provided under this agreement will be utilized for the planning and construction of the Project and to compensate the State for the costs incurred in reviewing the architectural contract documents and performing construction oversight and other administrative services required under this agreement. Federal funds are approved by this agreement for acquisition of property and construction of bike paths, lanes, bridges, and culvert crossings. C. Upon execution of this agreement, the City will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $48,266.00. This amount is based on twenty percent (20) of the sum of the estimated State administrative cost and the estimated engineering cost. The funds will be utilized by State to review the P.S.& E. and for other incidental costs prior to letting. ~~"'";>,,_ D. Sixty (60) days prior to the date set for receipt of the construction bids, ) the State will notify the City that its financial share for the construction is l'l ~-€.. · re ired. The City shall remit a check or warrant in the amount established by ( the State within thirty (30) days from receipt of the State's written notification to the address provided herein. Additionally, the City will be responsible for payment of costs exceeding the federal funding share established _ n .LD. by Texas Transportation Commission Minute Order 103709. ~ 0~ E. Reimbursement will be made to the City for property purchased after FHWA f"'f~.rJ., approval in an amount not greater than ei~hty percent (80%) of th_e .cost of t~e property and improvements purchased according to the terms and provisions of this agreement. Reimbursement will not exceed eighty percent (80%) of the predetermined and preapproved value of the property or the net cost thereof, whichever is less. In addition, reimbursement will be made to the City for necessary payments to appraisers, expenses incurred to assure good title to property acquired, and costs associated with incidental expense in conveying the c: \data\"l)Wi n\docs \enhanlbi ke loop. agr Page 4 of 7 needed right of way to the City. Reimbursement shall not exceed eighty percent (80%) of such documented costs. F. In the event the State determines additional funding is required by the City at any time durin the development of the Project, the State will not y t e C y in writing of the ad 1t1onal amount. 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. 15. CONSTRUCTION RESPONSIBILITIES 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 8'..·"! .,-.., changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the IY\" ~ fJresponsibility of the City and subject to the approval of the State. 'o f<~B. The State will supervise and inspect all work performed by the construction 0~ contractor and will provide or cause to be provided 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. C. Upon completion of the Project, the State will issue to the City a "Notification of Completion", acknowledging the Project has been completed. Upon the City• s receipt of the "Notification of Completion", the City agrees to accept ownership and operate and maintain the facility authorized by this agreement for the benefit of the public. 16. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the City will assume responsibility for maintenance of the completed facility. 17. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City. All documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced, approved or otherwise created by the City shall be transmitted to the State in the form of photocopy reproduction on a monthly basis. 18 . 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. 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 a 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. c. Violation or breach of contract terms shall be grounds for termination of the agreement, and any increased costs arising from the City's default, breach of contract or violation of agreement terms shall be paid by the City. 19. REMEDIES This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 20. 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 c: \data\lopWi n\docs \enhan\bi ke loop. agr Page 5 of 7 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, includin attorne s e and court costs which ma be incurred by the State in litigation or otherwise resisting said '1 laim or liabilities w ich might be imposed on the State as the result of such a tivities by the City, its officers, employees, agents or contractors. L . . •/ .. n (Vt~ ~ ~ P"-'1'~ LC>1 'f1:,._ 21. 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. 22. COMPLIANCE WITH LAWS The City shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the agreement. When required, the City shall furnish the State with satisfactory proof of the compliance therewith. 23. 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. 24. 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: City: Texas Department of Transportation 1300 N. Texas Avenue P.O. Box 3249 Bryan, TX 77805-3249 The City of College Station, Texas P. 0. Box 9960 College Station, TX 77842 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. 25. INSPECTION OF BOOKS AND RECORDS The State will, for the purpose of termination of the agreement prior to completion, examine the books and records of the City to check the amount of work performed by the City at 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, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from the date of completion of work defined under this contract or until impending litigation is resolved. Additionally, the State, FHWA, and their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for making audits, examinations, excerpts, and transcriptions. c: \data\v.pwinldocslenhanlbi<eloop. agr Page 6 of 7 26. OMB AUPIT REQUIREMENTS The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502, insuring the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No . A-128. 27. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established in Title 49 C.F.R. Part 18 .32 and the property management standards established in Title 49 C.F.R. Part 18.36. 28. CIYIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 C.F.R. 21 and 23 C.F.R. 710.405(B); Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 C.F.R. 60)). 29. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Minority Business Enterprise Program Requirements" established in 49 C.F.R. Part 23, Subpart D. 30. 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 programs under Executive Order 12549, Debarment and Suspension. The City shall require any party to a subcontract or 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. 31. 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 WHEREOF , the parties hereto have caused these presents to be executed in duplicate on the date herein stated. City Signature By: Title of Executing Official ATTEST: By: Signature Title c: \data\"\Min\docs \enhan\bi ke loop. agr THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority o-f Minute Order 103709. APPROVED: By : Date: Page 7 of 7 Robert Cuellar, P .E. Deputy Executive Director for Transportation Planning and Development .~ I Texas Department of Transportation P.O. BOX 3249 •BRYAN, TEXAS 77805-3249 • (409) 778-2165 Mr. Edwin Hard City of College Station P.O. Box 9960 November 22, 1994 College Station, Texas 77842 College Station Bike Loop Project Dear Mr. Hard: Please review the attached draft agreement for this enhancement project. If the agreement meets with your approval, please have the city's portions of both counterparts executed and return them to this office. Under this agreement the "city hires a consultant for the architectural/engineering documents, with state oversight, and the state lets and manages the construction contract. Please call Mr. Appleton at (409) 778 -9707 with any questions. Attachments Sincerely, O~F~ Phillip E. Russell, P.E. Bryan Director of Transportation Planning and Development An Equal Opportunity Employer ' ' STATE OF TEXAS * COUNTY OF TRAVIS * County CSJ Project PROJECT DEVELOPMENT AGREEMENT Brazos 0917-29-062 College Station Bike Loop FOR STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM PROJECT THIS AGREEMENT, made on the date shown hereinafter, by and between the Texas Department of Transportation, hereinafter called the "State", and the City of College Station, Texas, a local government, or governmental agency or entity, hereinafter called the "City". W I T N E S S E T H WHEREAS , the City is the sponsor of the College Station Bike Loop project, to be hereinafter identified as the "Project", described by the nomination form, attached hereto and identified as "Exhibit A"; and WHEREAS, under Title 23, United States Code as amended by the Intermodal Surface Transportation Efficiency Act of 1991 and subsequent Federal legislation, a program entitled Category 4B, Texas Statewide Transportation Enhancement Program has been approved by the Texas Transportation Commission and said project is included in this program; and WHEREAS, the City has offered to participate in the development and construction of the Project by providing funding, preparing the design documentation, acquiring the necessary right of way, accomplishing utility adjustments, and other necessary items required by the State; and WHEREAS, on the 28th day of October, 1993 the College Station City Council passed Resolution No. 10-28-93-9, attached hereto and identified as "Exhibit B", authorizing the City's participation in the Project; and WHEREAS, on the 28th day of April, 1994 the Texas Transportation Commission passed Minute Order 103709, attached hereto and identified as "Exhibit C", authori zing the Project through the Statewide Transportation Enhancement Program; and WHEREAS, it is incumbent upon the State to secure the federal cost share, administer the development, contracting, construction, and management of this project. A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of 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 completion of the Project or unless terminated or modified as hereinafter provided. c: \data \"'P'i n\docs \enhan\bike 1 oop. agr Pag e 1 of 7 ' \ 2. SCOPE OF PROJECT The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Conunission. 3. ACQUISITION OF RIGHT-OF-WAY A. The City shall perform the necessary requirements to provide the desired right-of-way required for the construction of the Project. The City will comply with and assume the costs for compliance with all the requirements of Ti~le II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq., including those provisions relating to incidental expenses incurred by the property owners. Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. B. In the event the right of way is donated to the City, the City will provide all documentation regarding the value of the acquired property to the State. The State will review the City's appraisal of the donated property to determine the fair market value. The fair market value of the donated right of way will be credited toward the cost of the project. Donations of property must be in accordance with Title 23 U.S.C. § 323. C. The State will not reimburse the City any funds for right of way acquired before FHWA approval. 4. RIGHT-OF-WAY DESCRIPTION The City shall prepare or cause to be prepared right-of-way plats, 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 plats and property descriptions shall be submitted to the State for approval prior to the City acquiring the necessary right of way. Tracings of the plats 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 each right-of-way parcel by methods acceptable to the State and to submit to the State's district office a tabulation of the values so determined, signed by the appropriate City representative. This tabulation shall list the parcel nUI!lbers, owners, acreage and reconunended 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. The State will review the data submitted and may base its reimbursement for parcel acquisitions on the values which are determined by this review. 6. CONDEMNATION Condemnation proceedings will be initiated at a time selected by the City and will be the City's responsibility at its own expense as hereinafter indicated. The City will concurrently file condemnation proceedings and a notice of lis pendens for each case. 7. COURT COSTS, COSTS OF SPECIAL COMMISSIONERS' HEARINGS Court costs of special conunissioners' hearings assessed against the City in condemnation proceedings and fees incident thereto will be paid by the City. Such costs and fees incurred after FHWA approval will be eligible for reimbursement at an amount not to exceed eighty percent (80%) of the actual cost under the established reimbursement procedure . 8. REIMBURSEMENT Reimbursements will be made to the City for right of way purchased after the date of FHWA approval in an amount not to exceed eighty percent (80%) of the cost of the right of way purchased in accordance with the terms and provisions of this agreement. Reimbursement will not exceed eighty percent (80%) of the State's predetermined value of each parcel, or the net cost thereof, whichever is less. c: \datal;,pwi n\docs \enhanlbi ke loop . agr Page 2 of 7 In addition, 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 or personnel property as well as incidental expenses incurred in conveying the needed right of way to the City. Reimbursement shall not exceed eighty percent (80%) of such documented costs. If condemnation is necessary and title is taken as set forth herein under the section entitled CONDEMNATION, the participation by the State shall be based on the final judgement, conditioned upon notifying the State in writing prior to the filing of such suit and upon giving prompt notice of all action taken therein. 9. UTILITY ADJUSTMENTS/RELOCATIONS A. If the proposed construction requires the adjustment, removal or relocation of such utility facilities, the City and its consultant will establish the necessary utility work in accordance with 43 T.A.C., Sec. 21.31-21.51 and notify the appropriate utility company to schedule their adjustments. 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 adjusted, removed or relocated during the construction of the Project, the City will be responsible for all costs associated with t~e additional utility work, unless this work is provided by the owners of the utility facilities. B. Utility adjustment costs which would be eligible for cost participation by virtue of a property interest as described in 23 C.F.R. 645.107 {A) {C)will be reimbursable to the City not to exceed eighty percent (80%) of actual costs. 10. ENVIRONMENTAL MITIGATION The State will be responsible for the preparation of the environmental assessment documents. The City will perform an Environmental Site Assessment for hazardous materials impact in accordance with the American Society for Testing and Materials (ASTM) 1528. 93 (Transaction Screen Process). The City will be responsible for the mitigation and remediation of any environmental problems associated with the development and construction of the Project. The City shall provide to the State written certification from the appropriate regulatory agency(s) that the environmental problems have been remedied. The State will not let the construction contracts until all environmental problems have been remediated by the City. 11. 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 all conflicting utilities have been adjusted to clear the proposed construction. 12. SUBLETTING The City shall not sublet or transfer any portion of the work under this agreement unless specifically approved in writing by the State. All subcontracts shall include the provisions required in this contract and shall be approved in writing by the State prior to the subcontractor beginning work . 13. ARCHITECTURAL/ENGINEERING SERVICES A. The City will prepare or cause to be prepared the preliminary engineering necessary for the development of plans, specifications and estimates (P.S.& E.). B. The P.S.& E. shall be developed by the City or its consultant in accordance with the State 's latest Standard Specifications For Construction Of Highways. Streets And Bridges and AASHTO Guide for pevelopment of Bicycle Facilities or its currently approved revisions. c . The City shall submit the completed P.S.& E. to the State for review and approval . Should the State determine revisions are required to the P.S.& E., the City shall prepare or cause to be prepared the necessary revisions. The State will not let the construction contract until the P.S.& E. have been approved by the State. c: \data \"IJWi n\docs \enhan\bi ke loop. agr Page 3 of 7 I .. D. The City must comply with the procedures established in 23 C.F.R. Part 172 in the selection of its consultant. The City shall submit its consultant selection procedures to the State for approval prior to beginning the hiring process. The contract for architectural or engineering services must not include compensation based on a percentage of construction cost. Disadvantaged Business Enterprise(DBE)/Historically Underutilized Business(HUB) participation in consultant contracts will meet the Federal goals. E. The City will submit to the State all documentation relating to actual costs incurred associated with the development of architectural documents and plans. Reasonable costs incurred by the City after the State has given written authorization will be eligible for reimbursement at an amount not to exceed eighty percent(80%) of the actual costs. The City shall comply with the cost principles established in OMB Circular A-87, "Cost Principle for State and Local Governments." Payments to the City for allowable costs will be made monthly while the work is in progress under this agreement. The City will prepare and present to the State a monthly progress report and an itemized and certified invoice (TxDOT Form 132, or an invoice that is acceptable to the State) each month stating the percent completion of the work accomplished during the month and also to date. The State shall reserve the right to withhold payment pending verification of satisfactory work performed. The City must submit adequate proof to the State that the task has been performed. The original Form 132, or an acceptable invoice, and four (4) copies should be submitted directly to the District Office to expedite processing. Upon receipt and approval of each statement, the State shall pay the amount which is due and payable within thirty (30) days time. The itemized and certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. 14. ACQUISITION AND CONSTRUCTION FUNDING A. The total costs for the Project are estimated at $1,348,000.00. B. The State will be responsible to secure the federal share of the funding required for the development and construction of the Project up to the maximum amount of $1,078,400.00 or eighty percent (80%) of the total cost to complete the Project, whichever is less. The City will be responsible for any non-federal participation costs associated with the Project. The federal funds provided under this agreement will be utilized for the planning and construction of the Project and to compensate the State for the costs incurred in reviewing the architectural contract documents and performing construction oversight and other administrative services required under this agreement. Federal funds are approved by this agreement for acquisition of property and construction of bike paths, lanes, bridges, and culvert crossings. c. Upon execution of this agreement, the City will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $48, 266. 00. This amount is based on twenty percent (20) of the sum of the estimated State administrative cost and the estimated engineering cost. The funds will be utilized by State to review the P.S.& E. and for other incidental costs prior to letting. D. Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the City that its financial share for the construction is required. The City shall remit a check or warrant in the amount established by the State within thirty (30) days from receipt of the State's written notification to the address provided herein. Additionally, the City will be responsible for payment of costs exceeding the federal funding share established by Texas Transportation Commission Minute Order 103709. E. Reimbursement will be made to the City for property purchased after FHWA approval in an amount not greater than eighty percent (80%) of the cost of the property and improvements purchased according to the terms and provisions of this agreement. Reimbursement will not exceed eighty percent (80%) of the predetermined and preapproved value of the property or the net cost thereof, whichever is less. In addition, reimbursement will be made to the City for necessary payments to appraisers, expenses incurred to assure good title to property acquired, and costs associated with incidental expense in conveying the ~ c: \data\"'IJ-'in\docs \enhanlbikeloop . agr {AlL w~ ~ ~ ( .( .f.o Page 4 of 7 MJ!v.k -tft:s rA., tN-r ecJ <'J~ ~-k 5 ... needed right of way to the City. Reimbursement shall not exceed eighty percent (80%) of such documented costs. F. In the event the State determines additional funding is required by the City at any time during the development of the Project, the State will notify the City in writing of the additional amount. 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. 15. CONSTRUCTION RESPONSIBILITIES 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 the responsibility of the City and subject to the approval of the State. B. The State will supervise and inspect all work performed by the construction contractor and will provide or cause to be provided 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. C. Upon completion of the Project, the State will issue to the City a "Notification of Cl.lmpletion", acknowledging the Project has been completed. Upon the City• s receipt of the "Notification of Completion", the City agrees to accept ownership and operate and maintain the facility authorized by this agreement for the benefit of the public. 16. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the City will assume responsibility for maintenance of the completed facility. 17. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City. All documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced, approved or otherwise created by the City shall be transmitted to the State in the form of photocopy reproduction on a monthly basis. 18. 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. 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 a 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. C. Violation or breach of contract terms shall be grounds for termination of the agreement, and any increased costs arising from the City's default, breach of contract or violation of agreement terms shall be paid by the City. 19. REMEDIES This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 20. 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 c: \datal"'fl.'inldocs\enhanlbikeloop. agr Page 5 of 7 ... 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 . 21. 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. 22. COMPLIANCE WITH LAWS The City shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the agreement. When required, the City shall furnish the State with satisfactory proof of the compliance therewith. 23. 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. 24. 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: City: Texas Department of Transportation 1300 N. Texas Avenue P.O. Box 3249 Bryan, TX 77805-3249 The City of College Station, Texas P. o. Box 9960 College Station, TX 77842 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. 25. INSPECTION OF BOOKS AND RECORDS The State will, for the purpose of termination of the agreement prior to completion, examine the books and records of the City to check the amount of work performed by the City at 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, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from the date of completion of work defined under this contract or until impending litigation is resolved. Additionally, the State, FHWA, and their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for making audits, examinations, excerpts, and transcriptions. c: \datal~n\docslenhanlbi<eloop. agr Pag e 6 of 7 ..... 26. OMB AUPIT REQUIREMENTS The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, insuring the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-128 . 27. PROCUREMENT AND PROPERTY MANAGEMENT STANPARPS The City shall adhere to the procurement standards established in Title 49 C.F.R. Part 18.32 and the property management standards established in Title 49 C.F.R. Part 18.36. 28. CIVIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 C.F.R. 21 and 23 C.F.R. 710.405(B); Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 C.F.R. 60)). 29. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Minority Business Enterprise Program Requirements" established in 49 C.F.R. Part 23, Subpart D. 30. DEB.ARMENT 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 programs under Executive Order 12549, Debarment and Suspension. The City shall require any party to a subcontract or 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. 31. 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 WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the date herein stated. City Signature By: Title of Executing Official ATTEST : By: Signature Title c: \data\\o.l]Wi n\docs \enhan\bike loop. agr THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 103709 . APPROVED: By: Date: Page 7 of 7 Robert Cuellar, P.E. Deputy Executive Director for Transportation Planning and Development FEB-·->S-95 TUE 9:26 THC FaJ-Tra _ mittal Memo ~,-0-, r-a-ge-s ----...., Co.:(,,; t:'>::__§:'~---1-C_o._: _,_Jll--'1;'-=~'---- 0ept.: Phone #51..<Jru,3 -~1 RCFX14 RllS l "UNNHU. UTtvr: DIR~CTOll. p -0 1 TEXAS HISTORICAL COMMISSION P.O. nox 1n11> AUSTIN, TEXAS 7~711 -227<• January 6, 1995 Mr. William G. Burnett, Executive Director Texas Department of Transportation Dewitt C. Greer State Highway Building 125 E. 11th Street Austin, Texas 78701 -2483 !RELAY TlO 1 -~00-7H-29F9 (TOD) Re : lntennodal Surface Transportation Efficiency Act Enhancement Fwulingfor rehabilirarion of historic buildings in Texas (FHWNJ06) Dear Mr. Burnett: Texas Historical Commission (THC), in its role as the State Historic Prescrvarion Office (SHPO), is working with che Texas Department of Transportation (TxDOT) to review Intermodal Surf ace Tran:;portation Efficiency Act (ISTEA) enhancement funding in accordance with the National H•scoric Preservation Act. We are pleased that substantial ISTEA funds will be spent on historic prcservacion projcctc;, and believe that TxDOT's efforts on this program will greatly benefit the citi7..ens of Texas though economic development, increased tourism, and fostering of pride in Te;icas heritage. Al the same time, THC is concerned that adrnjnistration of ISTEA funds on historic properties in Texas may not have adequare professional oversight under current TxOOT policie's and procedures~ and that adverse effects to historic propercies receiving rchabiliration fonding under this program could be the result. One concern about the planned implc°.1entati.on of this program i~ Tx~OT' s. policy prohibiting 9ualifyin~ language for contractors m project documents. Whtle this pohcy may be appropnate for highway construction projectc;, it presents grave danger when applied to historic rehabilitation ~d restoration projects. Many necessary types of work on historic buildings take skill and years of practice to i;naster; inferior work can severely damage the historic fabric of a building (e.g., ck.aning, repointing and patching historic mac;onry, installation of standing seam metal roqfs, structural repairs, plaster repair, window and door rehabilitation, etc.). Texas General Services Comrnission employs qualifying language in ics contract documents for rehabilitation projects. We strongly recommend ttiat this TxDOT policy be revised to aJlow for'qunlifying language in rehabilitation proje.ct documents for historic buildings, and to - avoid the potential of adverse effecc on these federally funded projcctc;_ We are also concerned tnat TxDOT policy apparently pre.eludes allowing the same project professional who develops project documents to administer or manage the project FEE-;-28-95 TUE . .,,· . ' 9:26 THC WU.l.IAM BURNETT, 1.6.95 ISTEA ENHANCEMENT FUNDING PAGE2 work. Contract documents we have seen for ISTEA enhancement projects stipulate that tl1e project professional will develop the project documents, but that TxDOT (or its representative) will administer the project work. This course of action would confu~e and complicate the coordination of the project with our office, and has significant potential to cause adverse effects on historic properties. Traditional architectural practice consists of five important and integrated pha~es chat, particularly on historic preservation projects, should be administered by a single architect These phases consist of: I) Schematic Design, 2) Design Development. 3) Construction Drawings, 4) Bidding Negotiation, and 5) Conscruction A(;'.fministration. Under TxDOT's proposed guidelines, the Historical Architect will oversee production of Schematic Design through Construction Drawings. Ic is during these three phases the archit~.ct becomes familiar wirh the historic building, and develops appropriate mcrhods and approaches for rehabilitation. The final two phases of r~habilitation work are very important to the success of the project, and to avoiding an adverse effect on the historic building. During Bidding Negotiarion, addenda are invariably issued on rehabilitation projects. The Histori<;: Architect who produced the Contract Documents should issue these addenda and administer the work to ensure its appropriateness and compliance with the Secretary of the /1!ferior's Sta'!dards for Rehabilitation (Scandards). Throughout the course of rehabilitation work the same Historic Architect should be consulted when, as invariably happens with historic buildings, unforeseen conditions arise. When this happens, it is important that careful deci sions be made to preserve the historical integricy of the property. THC should also be given the opportunity to review significant change orders for compliance with the Standards. Many items of project work must be overseen by a professional with experience in working with historic buildings, to ensure that specifications are followed and to approve subminals and test work by the contractor. A project manager that was not involved in project planning, and plan and specification development, would not have the knowledge of the project documenrs to appropriarely interpret them for che contractor and effectively oversee the work. Acquired knowledge of the particular historic building, historic . preservation technology and the Standards, will help ensure that sound decisions are made, so that the project will not adversely effect the historic property. In a related concern, Chere appears to be much misinfonnation and concern about adm inistration costs for JSTEA projects. Please clarify chis TxOOT policy for us. We strongly suggest that TxDOT follow tradicionaJ architectural practice and allow funding recipients to hire a competent project professionaJ to develop project plans and specifications and administer the project work. Not qualifying contractors and not employing the professional who developed the project documents co perfonn construction admi~~strat.ion both present a high risk o~ ~amage to historic buildings. With both of these cond1r1ons in effect, however, rhe probability of an adverse effect to the buildings is very high. . P.02 FEB-28-95 TUE . ~ ... ,., 9:27 THC WU.l.IAM BURNElT, 1.6.95 JSTEA ENHANCF.MENT FUNDING PAGf;3 Thank you for your interest in the cultural heritage of Texas, and for the opp<.Htunity to comment on this federally funded proje.ct in accordance with the National Historic Prc~crvation Act, a'> amended. If you have any questions or concerns about this letter please concact Linda Roark in the Department of Archite.cmre at 5121463-6094. CT/l .R c: Dianna F. Noble, Texas Depanment of Transportation John Patterson, Texas General Services Commission Jesse Gray, Federal Highway Administration Claudia Nissley, Advisory Council on Historic Preservation P.03 January 31, 1995 Ed Hard College Station Transportation & Planning P.O. Box 9960 College Station, TX 77842 Dear Mr. Hard: CE\VED FE 7 1995 Thank you for taking my call recently and discussing the transportation Enhancement Project for College Station. The literature I am sending you should be helpful in your planning and design of this project. Hopefully, the material will stimulate your interest and some of these products may be used in the many bicycle oriented projects that are being planned. Obviously, our interest is to have the opportunity to bid these areas where our type products would be used, or to have our products used in the specifications which will go out to bidders. You will find enclosed for your review, material describing our bicycle parking products. The enclosed will provide answers to the most commonly asked questions. Bicycle security is our business! Since 1986, we have been bringing the ultimate in bicycle parking and storage systems to our partners. Every sale we consider a partnership with our customers and our trained staff will support you before and after installation All of our lockers and racks are constructed of the highest quality materials and we offer a selection to meet your every need. All made in the USA. We also welcome the opportunity of providing quotes for locker and rack sizes or styles not shown in our standard product literature. If you should have any questions or would like recommendations for your particular need, please feel free to call (800) 245-3723, (US & Canada). P.O. Box 7359 ·Ventura •CA 93006 • (805) 933-3688 • FAX (805) 933-1865 • (800) 245-3723 Members: League of American Bicyclists The Bicycle Federation of America TM f CARNGIE LIBRARY REHABllifAilON City has been awarded a grant from the Texas Department of Transportation to partially cover the cost of rehabilitating the City of Bryan's historic Carnegie Library. It is anticipated the facility will serve the Brazos Valley as a center for history and genealogy following rehabilitation. lime Table June 1993 -Carnegie Master Plan Completed. July 1993 -Master Plan Adopted by City Council October 1993 -Council Approvals submitting Carnegie Project for Statewide Transportation Enhancement Program funding. April 1994 -City notified of Carnegie's selection for funding Estimated Project Cost (6/93) Tx Dot Award Anticipated City of Bryan Contribution $621 ,740 497,392 124,348 (80% federal funds) (20% local match) December 1994 -Draft contract documents submitted to City of Bryan staff December 1994 through February 1995 -Meetings with local and state Texas Department of Transportation Staff to clarify/negotiate contract. The Reality Estimated cost for TXDOT to administer the project is 20% ($124,348). This cost was added following the application and selection process. As the City is responsible for all costs in excess of the approved federal share, this will increase our contribution by this amount. TX.DOT confirmed the project must comply with the Davis Bacon wage requirements at our Feb. 8th meeting. Requirement is expected to increase total costs by 15% ($95,000). Construction costs have increase substantially since the time the application was submitted. TxDOT estimates it will take 7 mo. from contract execution til a consultant/project manager is on board. TxDOT and the City are closer to being 50-50 partners in this project. City Needs Single, qualified, architectural firm with specialization in historic preservation to handle project. Want continuity. Partnership with State in selection of architects, consultants and contractors for project. Ability to reject any or all project bids. Qualify contractors Review and authorize all expenditures associated with project. Ability to inspect/accept work before releasing funds and accepting certificate of completion. Defined administrative costs Incentive to complete the project timely and at a reasonable cost. City review and approve construction contracts prior to letting. Contract Negotiation Dilemas TxDOT Contract City hire architect for design; TXOOT hire for construction, or TXOOT hire one for entire project State responsibile for selection. No provision for City input. State controls process through contracts. State will advertise, bid, and award contracts. No provision for qualifying contractors City provides TxDOT with funds -TxDot expends. City to provide additional $ upon request City accepts work upon notification of completion. Eligible expense. 80% paid from federal funds; 20% from local match. Not covered Anticipated Problems Differences between design and actual implementation. Field decision -how to handle unforseen conditions/change orders - compliance with preservation standards City has no clout with consultants or contractors. If City selects architect for project design phase -not eligible project expense. City retaining architect to consult would add to project cost. City unable to control costs other than default on contract. Unable to assess quality of work. Cost control. City hit with additional costs. Public accountability. Forced to accept work as done. Whose standards are important -City or TXDoT? Cost control. When can we expect . completetion and at what cost. . - Contract Negotiation Dilemas (cont.) City Needs TxDOT Contract Anticipated Problems Approval of any Not covered Who can approve/process. changes/modifications to TxOOT consultant? City? architectural documents Texas Hist. Comm. Means to remedy Not covered Delays, cost over runs differences