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HomeMy WebLinkAboutCity Council Resolutions (R-15-3936)-12/01/2015RESOLUTION R-15-3936 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) FOR THE FUNDING AND IMPLEMENTATION STRATEGY FOR ROADWAY IMPROVEMENT TO BE MADE TO STATE HIGHWAY 26/COLLEYVILLE BOULEVARD FROM SOUTH OF JOHN MCCAIN ROAD TO APPROXIMATELY 400 FEET SOUTH OF BROWN TRAIL WHEREAS, the City of Colleyville, Tarrant County, the Texas Department of Transportation (TxDOT), and the Regional Transportation Council (RTC), have agreed to utilizing a combination of federal, state, and local funds to fund roadway improvements for State Highway 26/Colleyville Boulevard (SH26), from south of John McCain Road to approximately 400 feet south of Brown Trail, in Colleyville; and WHEREAS, the Colleyville City Council has agreed upon the completion of the reconstruction of SH26, the City will request the TxDOT remove from the State Highway System the portion of SH26 from John McCain Road to Brown Trail, including the transfer of the right-of-way to the City of Colleyville; and WHEREAS, the City of Colleyville desires to enter into a Memorandum of Understanding for the funding and implementation strategy for the roadway improvements to State Highway 26/Colleyville Boulevard from south of John McCain Road to approximately 400 feet south of Brown Trail; and WWEREAS, all legal prerequisites for the approval of this Resolution have been met, including but not limited to the Open Meetings Act. NOW, 7HEREFOR@, �E IT RESOLVED BY CITY COUNCIL OF THE CYTY OF COLLEYVYLLE, TEXAS: Sec. 1. THAT all of the above findings are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT the Colleyville City Council authorizes the Mayor to execute the Memorandum of Understanding attached as Exhibit'�A". Sec. 3 Resolution R-15-3936 Page2of2 THAT this resolution shall become effective immediately from and after its passage. AND I"T IS SO R@SOLVED. PASSED BY A VOTE OF �- AYES, O NAYS, AND o ABSTENTIONS ON THIS THE 1ST DAY OF DECEMBER 2015. ATTEST: Am Shelley MRC City Secretary CITY OF COLLEYV%LLE ��ti. / ``�� David Kelly � Mayor EXHIBIT "A" MEMORANDUM OFUNDERSTANDING State Highway 26 from South of John McCain to Brown Trail Among City of Colleyville, Tarrant County, Regional Transportation Council, and Texas Department of Tra�sportation This memorandum of understanding (MOU) outlines the agreement regarding the funding and implementation strategy for roadway improvement to be made to State Highway 26 from south of John McCain Road to approximately 400 feet south of Brown Trail located in Colleyville, Texas. I. BACKGROUND Tarrant County, the City of Colleyville, the Texas Department of Transportation (TxDOT), and the Regional Transportation Council (RTC) have agreed to fund roadway improvements for State Highway 26 (Colleyville Boulevard) (hereafter referred to as "S.H. 26"), from south of John McCain Road to approximately 400 feet south of Brown Trail utilizing a combination of federal, state, and local funds. The City of Colleyville will enter into an agreement with TxDOT to remove S.H. 26 from the State Highway System in the sections noted below and to take over responsibility of this portion of S.H. 26 upon completion of the project. Through this document, the impacted parlies hereby state the terms of agreement and concur with the resulting commitments made as a part of this funding strategy. II. S.H. 26 FROM SOUTH OF JOHN MCCAIN ROAD TO HALLJOHNSON ROAD Funding for TIP 11153.3/CSJ 0363-01-114 is for the section of S.H. 26 from south of John McCain Road to Hall-Johnson Road in order to widen the roadway from four (4) to six (6) lanes, add curb and gutter, storm sewer, replace bridges, and upgrade the signal system. The City of Colleyville is responsible for the funding and completion of the latest redesign to change the project from four (4) to four (4) lanes to four (4) to six (6) lanes. Committed Funding by Agency for the Construction Phase: $ 2,442,000 — RTC Commitment (STP-MM Funds) $ 610,500 — Local Match to the Surface Transportation Program - Metropolitan Mobility Funds (STP-MM) (City of Colleyville) $10,900,000 — TxDOT Commitment Category 12 Funds $ 320,000 — Tarrant County $ 389,500 — City of Colleyville $14,662,000 In addition, TxDOT previously funded the right-of-way acquisition phase, so the City of Colleyville commits to moving the necessary municipal utilities (oversight provided by TxDOT), and TxDOT will coordinate with the franchise utility companies to ensure that their utilities are relocated to enable the widening of S.H. 26. Per Section VI, once this project is complete, this portion of S.H. 26 will be removed from the TxDOT system and ownership will be transferred to the City of Colleyville, who will be responsible for maintenance of the corridor. Page 1 of 4 III. S.H. 26 FROM HALL-JOHNSON ROAD TO BROWN TRAIL Funding for TIP 11153.2/CSJ 0363-01-139 is for the section of S.H. 26 from Hall-Johnson Road to 400 feet south of Brown Trail in order to widen the roadway from four (4) to six (6) lanes, add curb and gutter, storm sewer, replace bridges, and upgrade the signal system. The City of Colleyville is responsible for the funding and completion of the latest redesign to change the project from four (4) to four (4) lanes to four (4) to six (6) lanes. Committed Funding by Agency for the Construction Phase: $12,184,115 — RTC Commitment (STP-MM Funds) $ 2,731,528 — State Match to the STP-MM $ 314,500 — Local Match to the STP-MM (Tarrant County) $ 1,273,004 — RTC Commitment (Enhancement Funds) $ 318,251 — Local Match to Enhancement Funds (City of Colleyville) $ 365.500 — Local Commitment (Tarrant County) $17,186,898 In addition, TxDOT previously funded the right-of-way acquisition phase, the City of Colleyville commits to moving the necessary municipai utilities, and TxDOT will coordinate with the franchise utility companies to ensure that their utilities are relocated to enable the widening of S.H. 26. Per Section VI, once this project is complete, this portion of S.H. 26 will be removed from the TxDOT system and ownership will be transferred to the City of Colleyville, who will be responsible for maintenance of the corridor. IV. COST OVERRUNS AND OTHER FUNDING NOTES The City of Colleyville and Tarrant County have collectively commiHed $2,000,000 ($1,000,000 each) in local funding for construction of the project. This $2,000,000 includes the required local match to federal funds as noted in Sections II and III. The City of Colleyville has commiHed an additional $318,251 in local match to the enhancement funding. County bond funds will be encumbered through a separate agreement between Tarrant County and TxDOT for the remainder of Tarrant County's $1,000,000 commitment, and will be limited to eiigible costs associated with the base construction of the projects. In the event that the low bid is in excess of the approved funds, the overrun will be shared by funding parties in proportion to the currently approved funding, except that Tarrant County's funding will be limited to the amounts shown in Sections II and III and as stated in fhe preceding paragraph, not to exceed $1,000,000. Similarly, this proportionally shared funding responsibility would apply to any change orders. In the event that a party to the MOU requests a change ihat is not in the original design or scope, then that party will be solely responsible for the additional funds within applicable state and federal rules. This shared responsibility for overruns applies only to the base construction of the projects and not to the upgrade features such as street lights and pedestrian lighting, which wouid be the sole responsibility of the City of Colleyville. All of the City requested upgrades are included in the project design and accounted for in the currently approved funding. In the event that these upgrades exceed the approved funding, the City of Colleyville will provide additional funds not to exceed the cost of the requested upgrades. Upgrades include powder coated signal poles, back-lit street name signs, stamped and colored concrete crosswalks at intersections, and street lighting and pedestrian lighting. The street lighting and pedestrian lighting may be bid as a separate project due to the costs. The City of Colleyville has applied for Green Ribbon funds for landscaping and additional amenities. Page 2 of 4 V. INCONSISTENCY WITH MOBILITY 2035-2014 AMENDMENT Currently, the redesign to a four (4) to six (6) lane configuration is inconsistent with the Mobility 2035- 2014 Amendment and will need to be updated in Mobility 2040. RTC approval of Mobility 2040 is anticipated in March 2016 with federal approval in June 2016, prior to completion of this project. However, in the event that Mobility 2040 has not been approved by the time this project opens, this section of S.H. 26 (Colleyville Boulevard) would need to be temporarily striped as four (4) lanes and could be restriped to six (6) lanes once Mobility 2040 is approved. VI. TURNBACK AGREEMENT Once this project is complete, the City of Colleyville will be responsible for maintenance and control of the corridor (pavement, signals, striping, signage, etc.) from south of John McCain Road to 400 feet south of Brown Trail. The Turnback Agreement shall establish the specifics of the conveyance of the real property interest from the State to the City of Colleyville on the section of SH 26 from south of John McCain Road to South of Brown Trail. The Turnback Agreement shall also state that the City will be responsible for the operation, maintenance, and will take over ownership of the traffic signals at the John McCain Road Intersection and the Longwood Drive intersection. As part of this transfer of responsibility, TxDOT will commit $10,900,000 for the construction of the section of S.H. 26 from south of John McCain Road to Hall-Johnson Road and will lead the construction of both sections. Upon completion of the project per design and contract specifications and acceptance of the reconstructed roadway, the City will assume responsibility for S.H. 26 maintenance and control, which is consistent with the 2014 Memorandum of Understanding Regarding the Texas Department of Transportation's Voluntary Turnback Program. VII.SCHEDULE AND RESPONSIBILITIES Both sections of S.H. 26 from south of John McCain Road to Hall-Johnson Road and from Hall-Johnson Road to Brown Trail are anticipated to be let in February 2016, with an anticipated construction start in April 2016. Construction is anticipated to be completed in 24 to 30 months (by October 2018.) The City and TxDOT have overseen the relocation of city utilities along the project route. Relocation was completed in August 2015 except for AT&T's facilities. AT&T relocation is expected to be completed by January of 2016. As noted in Section III, the Ciry of Colleyville is responsible for the funding and completion of the latest redesign to change the project from four (4) to four (4) lanes to four (4) to six (6) lanes. Once the 95% plans are submitted, a review period by TxDOT of 20 days is anticipated. TxDOT comments to the design will then be proyided to the engineer. The 100% pians are to be submitted to TxDOT 28 days after receipt of comments from TxDOT. During the construction phase of this project, the parties agree to coordinate efforts in order to minimize the impact of construction. This includes, but is not limited to: City of Colleyville representation at weekly project meetings and coordination with City of Colleyville throughout project construction; additional signage throughout the corridor piaced by the City of Colleyville for the benefit of motorists and business access, and monthly executive meetings to include requisite City of Colleyville representatives and TxDOT district leadership. Page 3 of 4 VIII. SIGNATURE OF AGREEMENT This agreement is contingent upon approval of the terms outlined herein by the policy body of each impacted party. The Regional Transportation Council (RTC) approved the above funding changes April 9, 2015. David Kelly, Mayor City of Colleyville Gary Fickes, Commissioner Tarrant County B. Glen Whitley, County Judge Tarrant County Criminal District Attorney's Office* Tarrant County Brian Barth, P.E. Texas Department of Transportation Michael Morris, P.E. North Central Texas Council of Governments Date Date Date Date Date Date *By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document as to form from our clienYs legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. Page 4 of 4