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Home My WebLink AboutRES 07-123 RESOLUTION NO. 07-123 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a revision to the Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT)for the Old Dowlen Road Project. The revision is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of May, 2007. MONT��,1 V, to - Mayor Guy N. Goodson - V ease / W X /l of X CSJ#0920-38-178 District#20 Code Chart 64#03200 Project: Old Dowlen Rd.Improvements STATE OF TEXAS COUNTY OF TRAVIS U § ADVANCE FUNDING AGREEMENT AMENDMENT#1 THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Beaumont, Texas, acting by and through its duly authorized officials, hereinafter called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 23rd day of February, 2006 to effectuate their agreement for a Congestion Mitigation/Air Quality project that is briefly described as the Old Dowlen Road Improvements; and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows: AGREEMENT Article 1. Description of Amended Items In the header, "Congestion Mitigation/Air Quality'should be replaced with "District Discretionary", and; The body of Article 4 is voided in its entirety and replaced with "The scope of work for this LPAFA is described as the reconstruction of Old Dowlen Road from State Highway(SH) 105 south to Dowlen Road as shown in Attachment B1. This roadway will be reconstructed as a four(4) lane facility.", and; The body of Article 12 (D) is voided in its entirety and replaced with "Prior to the performance of any engineering work by the State, the Local Government will pay to the State the amount specified in Attachment C1. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs.", and; The body of Article 12 (E) is voided in its entirety and replaced with "in the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification.", and; The body of Article 12 (F) is voided in its entirety and replaced with 'Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant P P shall be deposited b the State in an escrow account to be man the Y aged by he State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement.", and; Attachment B is voided in its entirety and replaced with the attached Attachment B1., and; Attachment C is voided in its entirety and replaced with the attached Attachment C1. All other provisions of the original contract are unchanged and remain in full force and effect. AFA-AFA-Amend Page 1 of 4 Revised 11/09/05 EXHIBIT "A" Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE LOCAL GOVERNMENT THE STATE OF TEXAS C. L /� Executed for the Executive Director and T G &vAo� approved for the Texas Transportation Name of Loc Government Commission for the purpose and effect of r activating and/or carrying out the orders, By: v established policies or work programs Signature heretofore approved and authorized by the /i /e 4 `f Texas Transportation Commission. inted Name By: C: L4 �„ Name T le �/ ZI-Z-0 07 Title Date Date AFA—AFA_Amend Page 2 of 4 Revised 11/09/05 ATTACHMENT B1 PROJECT LOCATION MAP Poo Begin ss Project _ + ad- 1 P Cale R ' N. �7 L End Cm► Project 200 2005 Tf�e R AFA—AFA_Amend Page 3 of 4 Revised 11/09/05 L_ ATTACHMENT C1 BUDGET ESTIMATE AND SOURCE OF FUNDS The Local Government will participate in the cost of the reconstruction of Old Dowlen Road from State Highway (SH) 105 south to Dowlen Road as shown in Attachment B1. This roadway will be reconstructed as a four (4) lane facility. Based on the Funding Category 11, the Local Government's participation is 20% of the preliminary engineering costs for these improvements. The remaining costs for this item will be funded 80% by federal funds. Federal funds will also cover 806/0 of the construction costs for the improvements up to a maximum Federal share of $4,000,000.00 for the entire project. All remaining construction costs will be paid by the Local Government. The State has estimated the project to be as follows: Total Description Estimate Cost Federal State Local i rtici ation Participation Participation Cost % Cost % Cost PRELIMINARY ENGINEERING COSTS Prelimina En ineerfn $500,000.00 80% $400,000.00 0% $0.00 20% $100,000.00 CONSTRUCTION COSTS Construction $5,000.000.00 $3,600,000.00 0% $0.00 $1,400,000.00 Direct State Costs(including plan review,inspection and oversight) $600,000.00 0% $0.00 0% $0.00 100% $600,000.00 (Estimated at 12%of construction) Indirect State Costs(no local participation required except for $0.00 0% $0.00 0% $0.00 0% $0.00 service Rrp ects wig" TOTAL $6,100,000.00 $4,000,000.00 $0.00 $2,100,000.00 *-The breakdown for the Construction cost is as follows: $5,000,000.00—total cost $3,600,000.00—federal participation which will be matched by local funds $1,400,000.00—local participation based on a local match of the federal funds (80 11/o/20%) in the amount of $900,000 and a local contribution in the amount of$500,000 to fund the construction cost overrun at 100%. Direct State Costs will be based on actual charges. Local Government's Participation = 1,100.000.00 It is understood that the proposed improvements will be done by the State and the Local Government will transmit to the State with the return of this Agreement, executed by the Local Government, a warrant or check in the amount of $100,000.00 made payable to the "Texas Department of Transportation Trust Fund" to be used sole) for the cost of P P Y improvements as requested by the Local Government. It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. This is a construction estimate only, final participation amounts will be based on actual charges to the project. AFA—AFA—Amend Page 4 of 4 Revised 11/09/05