HomeMy WebLinkAboutRES 14 -150RESOLUTION NO. 14 - 150
WHEREAS, on July 26, 2011, the City Council of the City of Beaumont, Texas,
passed Resolution No. 11-206 authorizing the City Manager to execute a Local
Transportation Project Advanced Funding Agreement with the Texas Department of
Transportation (TxDOT) for the Delaware Folsom Multi -Use Connector Project; and,
WHEREAS, in early 2012, it was deemed that the original route would not work for
all parties involved; and,
WHEREAS, on October 30, 2012, the City Council of the City of Beaumont, Texas,
passed Resolution No. 12-252 authorizing Amendment No. 1 to the Local Transportation
Project Advance Funding Agreement with the Texas Department of Transportation
(TxDOT) to allow TxDOT to continue their review process of the project and to prepare to
bid the project in 2013; and,
WHEREAS, on May 20, 2014, the City Council of the City of Beaumont, Texas,
passed Resolution No. 14-115 authorizing Amendment No. 2 to the Local Transportation
Project Advance Funding Agreement with the Texas Department of Transportation
(TxDOT) to address changes to the existing alignment reducing the overall length from 2.1
miles to 1.6 miles; and,
WHEREAS, Amendment No. 3 is required to address the removal of approximately
1,200 linear feet of Hike and Bike Trail resulting in a final overall project length of 1.436
miles. Amendment No. 3 to the Advance Funding Agreement is substantially in the form
attached hereto as Exhibit "A" and made a part hereof for all purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Amendment No.
3 to the Advance Funding Agreement for the purpose of allowing the Texas Department
of Transportation (TxDOT) to address the removal of approximately 1,200 linear feet of
Hike and Bike Trail resulting in a final overall project length of 1.436 miles.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of July,
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ # 0920-38-239
District # 20 - Beaumont
Code Chart 64 # 03200
Project: Delaware Folsom Mufti -Use
Connector
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ADVANCE FUNDING AGREEMENT
AMENDMENT #3
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the State, and the City of Beaumont, acting by and through its
duly authorized officials, called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on the 15t" of September 2011
to effectuate their agreement to extend a multi -use trail creating a scenic pedestrian and bicycle
connection between Folsom and Delaware in northwest Beaumont; and,
WHEREAS, the State and the Local Government executed Amendment No. 1 on the 5th of
December 2012 to amend the project location map, consisting of extending a multi -use trail creating
a scenic pedestrian and bicycle connection between Folsom Drive (near Major Drive) and Dowlen
Road in northwest Beaumont; and
WHEREAS, the State and the Local Government executed Amendment No. 2 on the 23th of May
2014 to amend the project location map and various Articles of the agreement; 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, the State and the Local Government do agree as follows:
AGREEMENT
1. Description of Amended Items
Attachment B-2, Project Location Map, is deleted in its entirety and replaced with Attachment B-3
Project Location Map, which is attached to this Amendment No. 3. The scope and limits of the project
as defined in Article 4 of Amendment #1 to the agreement have not changed, only a modification to
the western limit of the path as shown in Attachment B-3.
AFA—AFA_AmendRevised 04/08/11
EXHIBIT A'
CSJ # 0920-38-239
District # 20 - Beaumont
Code Chart 64 # 03200
Project: Delaware Folsom Multi -Use
Connector
Federal Highway Administration
CFDA # 20.205
Not Research and Development
Article 21.13.1 of Amendment No. 2 to the agreement is deleted in its entirety and replaced with the
following:
21. Federal Funding Accountability and Transparency Act Requirements
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM) number (Federal
Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in
Federal funding. The SAM number may be obtained by visiting the SAM website whose
address is: https://www.sam.gov/portal/public/SAM/
All other provisions of the original contract are unchanged and remain in full force and effect.
2. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
AFA—AFA_Amend Page 2 of 4 Revised 04/08/11
CSJ # 0920-38-239
District # 20 - Beaumont
Code Chart 64 # 03200
Project: Delaware Folsom Multi -Use
Connector
Federal Highway Administration
CFDA # 20.205
Not Research and Development
THIS AGREEMENT 1S EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
Date
THE
THE STATE OF TEXAS
Kenneth Stewart
Interim Director of Contract Services
Texas Department of Transportation
Date
AFA—AFA_Amend Page 3 of 4 Revised 04/08/11
CSJ # 0920-38-239
District # 20 - Beau mcnt
Code Chart 64 # 03200
Project: Delaware Folsom Multi -Use
Connector
Federal Highway Administration
CFDA # 20.205
Not Research and Development
Attachment B-3
Project Location Map
AFA—AFA_Amend Page 4 of 4 Revised 04/08/11