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HomeMy WebLinkAboutRES 97-120 �1 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the Surface Transportation Program - Transportation Enhancement agreement between the Texas Department of Transportation and the City of Beaumont for the Neches River Hike and Bike Trail, attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the�1�day of �. , 1997. - Mayor- Exhibit 1 VII. PROJECT DESCRIPTION. Provide a clear and concise description of the proposed project in the space below. The description must detail all work to be performed; any right- of-way or easements required; any special land uses planned, and the relationship between the project and any other work planned, presently under construction or existing. Be sure to include any engineering or design work that may need to be performed. The metric system must be used in agreements, maps, property descriptions and plans. The City of Beaumont proposes to construct the Neches River Hike and Bike Trail from Riverfront Park to Collier's Ferry Recreation Area and Nature Preserve. The Park and Recreation Area are located adjacent to the Neches River. This trail will serve a major portion of the community's population and will allow a corridor of travel not currently available in Beaumont. The proposed project is located within the IH-10 viewshed and would provide an opportunity for travelers on IH-10 to stop and view the Neches River and its habitat. The work to be performed will include a 3.28 meters wide and 7.73 kilometers long trail which will allow walkers, bicyclist, hikers, bird watchers, and joggers a means to view one of the most environmentally significant and ecologically diversified natural areas in the State of Texas, the Big Thicket. The Texas Parks and Wildlife Department has classified a portion of the area as Critical Habitat with varied plant' and animal species. The asphalt, concrete and boardwalk trail will originate at Riverfront Park and will follow the Neches River western bank heading north toward Magazine Street. From Magazine, the trail will continue along Pine Street to the Interstate Highway 10 interchange at the Neches River. Passing underneath IH-10 it will continue to the Marina Drive and Beaumont Yacht Club. A pedestrain bridge shall be constructed over Brakes Bayou. North of the yacht club the trail would run parallel to Beaumont's fresh water canal. Loops are proposed to run out through the wetlands of Collier's Ferry Recreation .Area and Nature Preserve. These proposed loops would be constructed as boardwalks to prevent disturbing the existing wetlands. The boardwalks will be constructeclin accordance with the American Association of State Highway and Transportation Officials guidebook, Development of Bicycle Facilities, and will be set at a height which will allow participants to view -the fauna and native animals of this urban wilderness. There are existing turn-of-the-century logging canals which can be seen along the route which will expose users to the historical aspect of the area. Due to the unique character of this sensitive environement, users of the trail system shall have an opportunity to participate in wetlands oriented recreation as well as environmental education. The amenities for this proposed trail would include benches, turnouts, guardrails, and landscaping. EXHIBIT "A" Statewide Transportation Enhancement Program Page B4 dip` .� •� Beaumont � \ Country Club o ca -- - — Morgan Forest Park Lavin NEGLEY memorl WILLflAMS ParO VAUG04N > LUCAS > `} v MEST FAIRWAY �UII TRIM Fores- In o Lawn PARRY y M�unorEal Park RIV . I°EMB JEANETTE . QC P *L S L °r �r`' LA SALLE a MAN GflLL vi AST I ESTA opa EpDV any POLLARD ° UTI w 1j WALE r TOLE O x ' Q m u \00 10 LEIGH W 0 °, o a� �' YIIN � �d". _ x P 4� J I lna S ',� � of IVES r Park 'EARL z 4 a � u PRIMR SE Al (12 � (10 � > POPE DELA AI E Q u ?fr�� Ly t �g. c RX U U N 'PULA E�� q MANNING _ �i ort aQ IN Ik 1 LAW REw -�w (LINE 1 SS OUSE 9 �,' ...5...yyy c KNEW _ V fu .1)t ICE J� av�E<la d VISO 9' 1 u South Twms rvca n rs State elf p COTTONWOOID G Fairground �0 DER Orb R'alr Park ORp SF RR 9q °a Magnoflla °� f \ ark Q ISLA / *I x a n matam 7aharla� r - ��C' 1 �� Park Es Al L J L UI,flA A L 11 ISi EV LOI -j AS LE / i N , I s • H RRal o-0 zEl NO TN ORTOi NAGA P; M FA DI 6' DDI a.— ADO _ ALIDER ° a x x x sa oa � crc � fLn'�'rR�v�II m - D w ` �J c� w aro ZEE- 5E Exhibit 3 THIS PAGE SUPERSEDES PAGE 136 AS FOUND IN THE GUIDE FOR INSTRUCTIONS AND NOMINATION FORM - REVISED 1-12-96 X. PROJECT SCHEDULE AND BUDGET. Costs incurred in completing the nomina- tion form and/or in development of the project prior to selection by the Texas Trans- portation Commission and execution of federal authorization are not reimbursable. List a schedule of your expenses and/or itemized budget. An inaccurate estimate may result in an unexpected increase in the amount of funding required for the local match. If con- struction will be required, briefly discuss how it will be accomplished and include those cost estimates. Estimated total project cost must include 20% for project administration, design, engineering and contingencies. TxDOT administrative costs include accounting charges, environmental certification, processing expenses, review time, letting costs, etc. Please note that any unused funds may be used for other eligible project costs. The 20% figure is to be used as a guide; higher or lower costs may be justified on a case-by-case basis. Total Itemized Activities (See Page B7) L $ 2,t:770,000 Design, engineering, contingencies, TxDOT administrative expenses and other cost associated'with development and implementation (20 % of line 1) 2, $ 554,000 Total Project Cost (Line I +Line 2) 3. $ 3,324,000 1'llis space for TxDOT use only Federal Funds Required (80% of Line 3) $ 2,659,200 Local Match (20% of Line 3) $ 664.8no Total Project Cost $ 3,324,000 Total Project Time: Environmental Clearance -- 6 months PS and E -- 9 months Review Approval and Letting -- 3 months Construction -- 18 months Total Project Time 36 months or 3 ears Sialei14de 7ransporlalion F.nhancemenl Program Pa(e 136 Exhibit 4 XI. ITEMIZED BUDGET. List below a schedule of itemized activities and the cost of each activity. Provide as much detail as possible. Walkway (10.16 centimeters concrete sidewalk/ $470,000 3.28 meters in width) Riverfront Park to Brakes Bayou . $120,000 (5000 square meters at $24 per square meter) Brakes Bayou to beginning of boardwalk $120,000 (5000 square meters at $24 per square meter) End of boardwalk to Collier's Ferry $230,000 (9580 square meters at $24 per square meter) Bridge (82 meters long by 3.28 meters wide 180,000 pedestrian bridge across Brakes Bayou) Boardwalk (3150 meters long by 3.28 meters wide 1,920,000 elavated boardwalk with handrails through wetland area -- 3150 meters at $610 per meter) Amenities 200,000 Turnouts Benches Lighting Landscaping Subtotal $2,770,000 Design, Engineering Cost (20%) 554,000 Total $3,324,000 Stateivide Transportation E17hancement Program Page B7 Exhibit 5 Jefferson County City of Beaumont CSJ: 0920-38-115 Neches River Hike and Bike Trail STATE OF TEXAS COUNTY OF TRAVIS SURFACE TRANSPORTATION PROGRAM --TRANSPORTATION ENHANCEMENT THIS AGREEMENT,is made by and between the State of Texas,acting by and through the Texas Department of Transportation,hereinafter called 7007 and the City of Beaumont,Jefferson County,Texas,hereinafter called the "City". WITNESSETH WHEREAS,the Intermodal Surface Transportation Efficiency Act of 1991 ("ISTEA"),codified under Title 23 U.S.C. Section 101, et. seq., establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS,Title 23 U.S.C.Section 133 establishes surface transportation programs to be implemented by the TxDOTs Transportation Agencies,including transportation enhancement activities;and WHEREAS, a transportation enhancement activity is desired by the City, and was selected by the Texas Transportation Commission for development and construction, more specifically the construction of a walking/bicycle facility,known as the Neches River Hike and Bike Trail,hereinafter identified as the"Project'and shown in the attached "Exhibit A", and WHEREAS, the Texas Transportation Commission (the Commission) by Minute Order 102922, dated November 30, 1993, established the "Texas Statewide Transportation Enhancement Program" to be developed, AGMT.BMT 1 monitored,and approved by the Commission; and WHEREAS,on the 2nd day of April, 1996,the City Council of the City of Beaumont,Texas passed resolution number 96-78,attached hereto and identified as "Exhibit B", authorizing the City's participation in the development of the Project by providing the non-federal funding share of the Project,and providing other items required by the TxDOT; and WHEREAS, Title 23 U.S.C. Section 120 (b) establishes that the federal share of funding for transportation enhancement activities shall not exceed eighty percent(80%) of the total cost of the project;and WHEREAS,TxDOT will secure the federal cost share and provide other items as required; and WHEREAS, on the 28th day of August, 1996, the Texas Transportation Commission passed Minute Order 106939,attached hereto and identified as"Exhibit C",authorizing TxDOT's participation in the Project; AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto,to be by them respectively kept and performed as hereinafter set forth,it is agreed as follows, 1.CONTRACT PERIOD This agreement becomes effective upon final execution by TxDOT and shall terminate upon completion of the Project unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT The TxDOT and City agree that the scope of the project shall be limited to the scope authorized by the Texas Transportation Commission as outlined in "Exhibit D" of this agreement. The work to be performed by the City will include all that is necessary to let the Project to contract and complete construction of the Project. 2 0920-38-115 3.ACQUISITION OF RIGHT-OF-WAY No right-of-way acquisition is anticipated for this project, however, should additional right-of-way become necessary, the City will notify TOOT prior to the acquisition of the additional right-of-way. This will also apply to any easements whether temporary or permanent that may be necessary to the Project. If the city is the owner of any part of the Project site,the City shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. The City will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 4.UTILITY ADJUSTMENTS/RELOCATIONS Any utility adjustments will be the responsibility of the City,however no adjustments are anticipated. 5. ENVIRONMENTAL MITIGATION A. In the event a significant and unexpected environmental problem arises within the development of the Project, the City will have the opportunity to analyze the situation and determine how they choose to proceed with the project. In the event environmental problems arise and the City wishes to proceed with the Project, 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 TxDOT written certification from the appropriate regulatory agency(s) that the environmental problems have been remedied. The City will not let the construction proceed until all environmental problems have been remedied. B. All costs associated with the remediation of the environmental problems shall be the responsibility of the City. These costs will not be reimbursed or credited towards the City's financial share of the Project. 6.SERVICES A. The City will utilize the services of a consultant for the development of the project. The City will prepare and distribute a Request for Proposal (RFP) and select a qualified engineering consultant according to a written procurement procedure approved by TOOT and following Federal rules and guidelines as established in 23 CFR Part 172. The selection procedures to be utilized by the City must have TxDOT's approval prior to the distribution of the RFP. Development of the plans shall include environmental assessment and holding of a public meeting(s) and/or affording an opportunity for a public hearing, as well as holding a hearing if one is requested. The City will enter into the contract with the selected consultant and make payments to the consultant from the project funding described below. 3 0920-38-115 B. The City shall stipulate as part of their contract with the consultant that the consultant must produce a revised schedule and budget and justification for anything that deviates from the contract before the consultant is paid. C. The City shall make it necessary for the consultant to produce physical progress before the consultant is paid. D. The Plans, Specifications, and Estimates (P.S.&E.) shall be developed by the City or its consultant in accordance with TxDOT's latest Standard Specifications for Construction of Highways Streets and Bridges and AASHTO Guide for Development of Bicycle Facilities. The City shall submit the completed plans to TxDOT for review and approval. Should TxDOT determine that revisions are required to the plans,the City or its consultants shall make the necessary revisions. The City shall not let the construction contract until the P.S.&E. has been granted approval by TxDOT and the federal authorization for construction has been received. E. TxDOT will coordinate the preparation of the P.S.&E. and environmental and public involvement documentation with the appropriate TxDOT Division(s). All coordination and approvals required from other federal and/or state agencies will be handled by TxDOT. TxDOT will be responsible for verifying the eligibility of specific items. F. The City will submit to TxDOT all documentation relating to actual costs incurred associated with the development of the project. Reasonable costs incurred by the City after the City has obtained written authorization from TxDOT will be eligible for reimbursement. 7.CONSTRUCTION RESPONSIBILITIES A. The City will be responsible for the construction of the Project. Actual construction shall be performed by contract awarded by competitive bidding. The City shall comply with the applicable regulations and requirements established in 23 CFR Part 635,Subparts A,C,and D. The City shall develop written construction contract procedures for TxDOT's review and approval. The City shall not initiate the bidding process until approval of the procedures has been obtained from TxDOT and a"Letter of Authority"has been issued by the Federal Highway Administration. B. In accordance with the requirements established in 23 CFR Part 633, Subpart A, the City shall include the latest version of Form"FHWA-1273"in the contract bidding documents. The required contract provisions contained in Form FHWA-1273 shall apply to all work performed on the contract by the contractor's own organization and to all work performed on the contract by piecework, station work or by subcontractor. The prime contractor shall be 4 0920-38-115 responsible for compliance by any subcontractor or lower tier subcontractor with the requirements contained in the provisions of Form FHWA-1273. C. Any change orders, supplemental agreements, or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the City and subject to the approval of TxDOT. The City shall provide or cause to be provided all inspection services and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved contract documents. TxDOT will perform periodic reviews of the Project's construction to ensure compliance with applicable regulations. D. If at any point in the duration of the Project, TxDOT finds any item of the Project submitted or to be submitted for reimbursement unacceptable, (not in compliance with the federally approved terms of the Project or not eligible for reimbursement under the"Texas Statewide Transportation Enhancement Program") the City shall delete that item and/or will not be reimbursed for any expenditures made for that item. 8.PROJECT FUNDING A.The total costs for the project is estimated at$3,324,000.00. B.TxDOT will be responsible for securing the federal share of the funding required for the development of the project,an amount not to exceed$2,400,000.00,or 80%of the actual Project cost,whichever is less. The City will be responsible for any non-federal participation costs associated with the project. C. The City will remit a check or warrant made payable to the "TEXAS DEPARTMENT OF TRANSPORTATION" in the amount of $1000.00 upon execution of this agreement. This amount is to _0 cover costs incurred by TxDOT to review the engineering documentation and other incidental costs. Sixty(60) days prior to the date set for receipt of the construction bids,TxDOT will notify the City that the Non-Federal funding share to be incurred by TxDOT in performing construction related administrative tasks is required. The City shall remit a check or warrant in the amount established by TxDOT within thirty (30) days from receipt of TxDOT's written notification to the address provided herein. D. In the event TxDOT determines that additional funding is required from the City to meet the costs mentioned in paragraph C,at any time during the development of the project, TxDOT will notify the City in writing of the additional amount. The City will make payment to TxDOT within thirty (30) days from receipt of TxDOT's notification. Upon completion of the project,TxDOT will perform an audit of the costs and any funds due the City will 5 0920-38-115 be promptly returned. E.The City shall comply with the cost principles established in OMB Circular A-87,"Cost Principles for State and Local Governments". F. The City shall make payments to the consultant and the contractor and submit records of payment to the State using TxDOTs reimbursement procedures to obtain reimbursement of the federal funding percentage. G. The City shall submit to TxDOT all documentation relating to the actual costs incurred associated with the engineering, surveying, development, construction, and construction management of the Project. Reasonable costs incurred by the City after the City has obtained written authorization from TxDOT will be eligible for reimbursement at an amount not to exceed the applicable federal reimbursement percentage of the actual costs. TxDOT shall review all records and approve items subject to reimbursement before TxDOT will issue the reimbursement to the City. H. TxDOT shall submit the approved reimbursements by check or warrant made payable to the "City of Beaumont." TxDOT will make payments to the City within thirty(30) days from receipt of the request, provided the request for reimbursement is properly prepared and documented. TxDOT will withhold five percent (5%) retainage from each reimbursement payment made to the City. I. The City will provide written notification to TxDOT upon completion of the project. TxDOT will perform an audit of costs associated with the Project, and funds due to the City, including funds withheld in retainage,will be promptly returned. J. No costs incurred by the City or TxDOT are reimbursable if those costs are incurred prior to the final execution of this agreement AND receipt of all applicable federal approvals. K Should it be determined during the course of the development or implementation of the Project that the actual costs will exceed the eligible budgeted amount,TxDOT and the City will mutually agree upon a method or means of adjusting costs or reducing the size of the project (such as deleting portions of related work items) to bring Project costs within the originally budgeted amount. L. The Project must be let to construction by August 31, 1999, 9.COMPLETION OF PROJECT Upon completion of the Project, TxDOT will issue to the City a "Notification of Final Completion," acknowledging that the Project has been completed and all financial commitments have been performed. 6 0920-38-115 10. MAINTENANCE Upon completion of the Project, the City will assume all responsibility for maintenance and operations costs of the completed project. 1 I.OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by or for the City shall remain the property of the City.All documents prepared by or for TxDOT shall remain the property of TxDOT. All data prepared under this agreement shall be made available to the City and TxDOT without restriction or limitation on their further use. 12.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 TxDOT and the 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,TxDOT will notify the City that possible breach of contract has occurred. The City should make every effort to remedy the breach as outlined by TxDOT within a period mutually agreed upon by both parties. 13.INDEMNIFICATION To the extent permitted by law, the City shall indemnify and save harmless TxDOT, its officers, employees, agents and contractors from all claims and liabilities due to the activities of the City, its officers, employees, agents or contractors. Additionally, to the extent permitted by law, the City shall save harmless TxDOT, its officers, employees, agents and contractors from any and all expenses, including attorneys fees and court costs which may be incurred by TxDOT in litigation or otherwise resisting said claim of liabilities which might be imposed on TxDOT as the result of such activities by the City,its officers,employees,agents or contractors. 14.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 TxDOT. 7 0920-38-115 15. 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. 16.REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the agreement, and any increased cost arising from the City's default, breach of contract, or violation of terms shall be paid by the City. This agreement shall not be considered as specifying the exclusive remedy for any default,but all remedies existing at law and in equity may be availed by either party and shall be cumulative. 17.NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or US mail,postage prepaid,addressed to such party at the following respective addresses: TxDOT: Texas Department of Transportation 8350 US 69 P.O. BOX 3468 Beaumont,TX 77704 City: City of Beaumont Public Works Department P.O.Box 3827 Beaumont,TX 77704 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. 8 0920-38-115 18. 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. 19.DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Disadvantaged Business Enterprise Program Requirements"established in 49 CFR Part 23,Subpart D. 20. INSPECTION OF BOOKS AND RECORDS The TxDOT will examine the books and records of the City for the purpose of checking the amount of the work performed by the City at the time of contract termination. The City shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to TxDOT, Federal Highway Administration (FHWA) and their duly authorized representatives for review and inspection at its office during the contract period and for a minimum of four (4) years from the date of completion of work defined under this contract or until any audit,issue or impending litigation is resolved. Additionally, TxDOT,FHWA and their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for the purpose of making audits,examinations,excerpts,and transcriptions. 21.OMB AUDIT REQUIREMENTS The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6,8,and 9 of OMB Circular A-128. 22. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established in Title 49 CFR Part 18.36 and the property management standards established in Title 49 CFR Part 18.32. 23.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 court, administrative bodies, or tribunals in any matter affecting the performance of the agreement. 9 0920-38-115 24.CIVIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 "B"); also Executive Order 11246 titled "Equal Employment Opportunity', as amended by Executive Order 11375 and as supplemented in the Department of Labor regulation (41 CFR 60). 25.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 that subcontracts or has a 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 TxDOT, to furnish a copy of the certification. w 10 0920-38-115 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF BEAUMONT By: Typed Name Title Date ATTEST: City Secretary THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Minute Order No. 100002 and Stand Alone Manual Notice 96-6, for the purpose and effect of activating and carrying out the orders,established policies or work programs heretofore approved by the Texas Transportation Commission. By: Lawrence J.Zatopek,P.E. Director,General Services Division Texas Department of Transportation Date 11 0920-38-115 VII. PROJECT DESCRIPTION. Provide a clear and concise description of the proposed project in the space below. The description must detail all work to be performed; any right- of-way or easements required; any special land uses planned, and the relationship between the project and any other work planned, presently under construction or existing. Be sure to include any engineering or design work that may need to be performed. The metric system must be used in agreements, maps, property descriptions and plans. The City of Beaumont proposes to construct the Neches River Hike and Bike Trail from Riverfront Park to Collier's Ferry Recreation Area and Nature Preserve. The Park and Recreation Area are located adjacent to the Neches River. This trail will serve a major portion of the community's population and will allow a corridor of travel not currently available in Beaumont. The proposed project is located within the IH-10 viewshed and would provide an opportunity for travelers on IH-10 to stop and view the Neches River and its habitat. The work to be performed will include a 3.28 meters wide and 7.73 kilometers long trail which will allow walkers, bicyclist, hikers, bird watchers, and joggers a means to view one of the most environmentally significant and ecologically diversified natural areas in the State of Texas, the Big Thicket. The Texas Parks and Wildlife Department has classified a portion of the area as Critical Habitat with varied plant' and animal species. The asphalt, concrete and boardwalk trail will originate at Riverfront Park and will follow the Neches River western bank heading north toward Magazine Street. From Magazine, the trail will continue along Pine Street to the Interstate Highway 10 interchange at the Neches River. Passing underneath IH-10 it will continue to the Marina Drive and Beaumont Yacht Club. A pedestrain bridge shall be constructed over Brakes Bayou. North of the yacht club the trail would run parallel to Beaumont's fresh water canal. Loops are proposed to run out through the wetlands of Collier's Ferry Recreation Area and Nature Preserve. These proposed loops would be constructed as boardwalks to prevent disturbing the existing wetlands. The boardwalks will be constructed in accordance with the American Association of State Highway and Transportation Officials 'guidebook, Development of Bicycle Facilities, and will be set at a height which will allow .participants to view the fauna and native animals of this urban wilderness. There are existing turn-of-the-century logging canals which can be seen along the route which will expose users to the historical aspect of the area. Due to the unique character of this sensitive environement, users of the trail system shall have an opportunity to participate in wetlands oriented recreation as well as environmental education. The amenities for this proposed trail would include benches, turnouts, guardrails, and landscaping. EXHIBIT "A" Staleivide Transporlatron Enhancemew Program Page B4 ATTACHMENT 2 RESOLUTION NO. '�7Z — 7F WHEREAS, the City of Beaumont is the sponsor for a Statewide Transportation Enhancement application under the rules of the Texas Department of Transportation (TxDOT). The request to the TxDOT is for funding the construction of a hike and bike trail to be known as the Neches River Hike and Bike Trail and connecting Riverfront Park and Collier's Ferry Park; and, WHEREAS, the City Council has committed to twenty (20) percent in matching funds for this project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City hereby endorses the request of funding from the Texas Department of Transportation - Statewide Transportation Enhancement Program. The City recommends this project for "enhancement funding" by the Texas Department of Transportation. The City confirms that Statewide Transportation Enhancement Program application funds will be utilized, in part, to meet local, state and federal codes and regulations pertaining to ADA, Fire, Safety and Health requirments. PASSED BY THE CITY COUNCIL of the City of Beaumont this the -,W_ day of�c„` P. , 1996. day - Mayor - EXHIBIT "B" THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, Barbara Liming, Deputy City Clerk of the City of Beaumont, Texas, do hereby certify that the above and foregoing is a true and correct copy of--RascLlu+-inn Nn —'Z8 passed by the City Council on the 2nd day of April 19 9C the original of said being on file in the office of the City Clerk of the City of Beaumont, Texas. Given under my hand and seal of the City of Beaumont, Texas this the 12th day of_ April 19_2 6. Barbara Liming, Deputy Cit Clerk THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Barbara Liming, Deputy City Clerk of the City of Beaumont, Texas, known to me as the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this day the 12th day of April , 19 96 uy Rebecca A. Hoge, Notary Public tate of Texas V. y REBECCA A. HOGE County of: Jefferson NOTARY PUBLIC STATE OF mus My Commission Expires: 4/6/99 FOFA• My Comm.Expires 64-06-99 EXHIBIT "B" TEXAS TRANSPORTATION CON1�11SSIO.N VARIOUS C unry MINUTE ORDER pauc I o1, District VARIOUS WHEREAS, Title 23, United States Code, Section 133(d)(2),and Section 160(e)(2), and Section I015(d)(2) of the Intermodal Surface Transportation Efficiency Act of 1991 (iSTEA)requires that ten percent (10%) 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 104227, dated August 25, 1994, established Category 4B,Texas Statewide Transportation Enhancement Program, of the Project Development Plan to be developed, monitored, and approved by the commission: and WHEREAS, pursuant to Title 43, Texas Administrative Code (TAC), Section 11.203, a call for nomination of candidate projects, opening January 24, 1996 and closing May 1, 1996,was published in the Texas Register January 16, 1996; and WHEREAS, nominations were received by the Texas Department of Transportation (the department) and were evaluated for eligibility and technical standards pursuant to Title 43,TAC, Sections 11.200 through 11.205;and WHEREAS, pursuant to Title 43, TAC, Section 11.204, department staff recomrnends to the commission a program of candidate projects as shown in Exhibit A, each project being recommended for selection based on: (A) the list of all eligible candidate projects and evaluations provided by the Transportation Enhancement Project Evaluation Committee(TEPEC), together with any comments or recommendations from TEPEC; (B) other issues relevant for consideration of any candidate project for funding, including: 0) policy matters; (ii) evidence of support and opposition for the candidate project; (iii) evidence of the commitment of project sponsors to provide more than the minimum required non-federal share of allowable project costs and their ability to do so, (iv) a technical evaluation of proposed projects indicating the extent to which each project will meet acceptable standards as established by applicable law and by accepted professional practices; (v) the views, comments, and/or certifications, if any, of a Metropolitan Planning Organization or a governing body of a city or county; and (vi) all other project specific information as appropriate; (c) the potential benefit to the state of the candidate project; TEXAS TRANSPORTATION COV,,N11SS1O VARIOUS County MINUTE ORDER Ntic 3 cal' District VARIOUS 8. Acquisition by the department of any land or interest in land, or of property or property rights of any kind or character required for development of a transportation enhancement project by any entity shall be subject to the authority and limitations of Texas Transportation Code, Chapter 203, Subchapter D, Chapter 391, and Chapter 392,consistent with the department's prescribed acquisition policies mid procedures. Projects which will require the acquisition of property through the exercise of eminent domain are not eligible for participation in this program. 9. Whether proposed as an independent project or as an element of a larger transportation project, the candidate project must be limited to a logical unit of work and must be capable of being implemented and completed within a reasonable time, as determined by the department in consultation with the nominating entity. In the absence of information suggesting that a shorter or longer period is appropriate, three years or less will be presumed to be a reasonable time. The executive director may eliminate a project from the Program upon a determination that federal funding may be lost due to the project not being implemented and completed within a reasonable amount of time. Submitted by: Reviewed by: Director, Design Division Deputy Executive Director for Transportation Planning and Development Recommended by: Executive Director Minute Number 106939 Date Passed AUG 28 96 EXHIBIT "C" AUSTIN AUS.BP.316 Fairview Cemetery Preservation and Beautification Project When completed, the Fairview Cemetery Beautification Project will provide landscaping and improvements along the portion of the cemetery located on the El Camino Real Highway, thereby providing travelers as well as local citizens a greater appreciation of the area's historic and scenic attributes. AUS.LL.331 Restoration of Historic Rail Line from Llano to Kinasland, Tx. When completed, the restored line will allow for the operation of an excursion train promoting passenger and freight service to the area and encourage future rail use as an alternate vehicular mode of travel. BEAUMONT BMT.JF.302 Pleasure Island Trail When completed, the trail will link playgrounds, restaurants, grocery stores, a marina, a music park and residences, all located along the parkway. BMT.JF.305 State Hi y. 82 - Hike "N" Bike Trail and Waterfront Beautification When completed, the project will link Mesquite Point Park and the entrance to Texas from Louisiana to the City of Port Arthur. Pleasure Island Development. BMT.JF.307 Neches River Hike and Bike Trail When completed, the hike and bike trail will link the north end of Beaumont to the Central Business District, the Riverfront Park and Collier's Ferry Park, and provide quality access to an undeveloped area of Beaumont. BMT.TL.310 Alabama-Coushatta Indian Reservation Hwy. 190 When completed, the facility would allow motorists to see and drive to the area to participate in various activities. BROWNWOOD BWD.1311.303 Restoration of Steam Engine 1080 in Brownwood When completed, the Restoration of Steam Engine 1080 project will add to the ongoing revitalization efforts at the Brownwood Depot and will preserve an element of steam-operated railroad motive power. 28-Aug-96 EXHIBIT "C" Page: 10 THIS PAGE SUPERSEDES PAGE B6 AS FOUND IN THE GUIDE FOR INSTRUCTIONS AND NOMINATION FORM - REVISED 1-12-96 X. .PROJECT SCHEDULE AND BUDGET. Costs incurred in completing the nomina- tion form and/or in development of the project prior to selection by the Texas Trans- portation Commission and execution of federal authorization are not reimbursable. List a schedule of your expenses and/or itemized budget. An inaccurate estimate may result in an.unexpected increase in the amount of funding required for the local match. If con- struction will be required, briefly discuss how it will be accomplished and include those cost estimates. Estimated total project cost must include 20% for project administration, design, engineering and contingencies. TxDOT administrative costs include accounting charges, environmental certification, processing expenses, review time, letting costs, etc. Please note that any unused funds may be used for other eligible project costs. The 20% figure is tee be used as a guide; higher or lower costs may be justified on a case-by-case basis. "I Mal Itemized Activities (See Page B7) Design, engineering, contingencies, TxDOT administrative 1 $— 2'770,000 expenses and other cost associated'with development and implementation (20 % of line 1) 'Dotal Project Cost (Line 1 +Line 2) 2. $ 554,000 3• S_3,324,000 This space for TxDOT use only Federal Funds Required (80% of Line 3) Local Match (20% of Line 3) $ 2.659,200 $ Total Project Cost 664 8M S 3,324,000 Total Project Time: Environmental Clearance -- 6 months • PS and E -- 9 months Review Approval and Letting __ 3 months Construction -- 18 months Total Project Time . 36 months or Sialeivide 7ransporialion F.nh Wcemen'Program 3 ears Page B6 EXHIEIT "D" XI. ITEMIZED BUDGET. List below a schedule of itemized activities and the cost of each activity. Provide as much detail as possible. Walkway (10.16 centimeters concrete sidewalk/ $470,000 3.28 meters in width) Riverfront Park to Brakes Bayou $120,000 (5000. square meters at $24 per square meter) Brakes Bayou to beginning of boardwalk $120,000 (5000 square meters at $24 per square meter) End of boardwalk to Collier's Ferry $230,000 (9580 square meters at $24 per square meter) Bridge (82 meters long by 3.28 meters wide 180,000 pedestrian bridge across Brakes Bayou) Boardwalk (3150 meters long by 3.28 meters wide 1,920,000 elavated boardwalk with handrails through wetland area -- 3150 meters at $610 per meter) Amenities 200,000 Turnouts Benches Lighting Landscaping Subtotal $2,770,000 Design, Engineering Cost (20%) 554,000 Total $3,324,000 EXHIBIT "D" Stateivide Transportation Enhancement Program Page B7