HomeMy WebLinkAboutRES 21-012RESOLUTION NO. 21-012
WHEREAS, on July 24, 2007, the City Council of the City of Beaumont, Texas
passed Resolution No. 07-219 authorizing the City Manager to execute a Local
Transportation Project Advanced Funding Agreement (LPAFA) with TXDOT for the Old
Dowlen Road Improvements Project; and,
WHEREAS, on May 28, 2009, the City Manager executed Amendment No. 1 to
modify Environmental Assessment and Mitigation responsibility from the State to the
City; and
WHEREAS, discussions with Chad Bohne, TXDOT representative, revealed that
there are no earmark funds tied to the project as it was originally planned to be funded
using discretionary district funding from that budgetary cycle and with that
understanding it was agreed it is best to close the project out;
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 the Advance
Funding Agreement Amendment #2 with TXDOT terminating the Old Dowlen Road
Improvements Project. The Proposed Amendment No. 2 is substantially in the form
attached hereto as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
January, 2021.
1'
Mayor Becky Ames -
RESOLUTION NO. 07-219
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 Local Transportation
Project Advanced. Funding Agreement with the Texas Department of Transportation
(TxDOT) for the Old Dowlen Road Project. The:agreement is substantially in the form
attached hereto-a's Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL.of the City of Beaumont this the 24th day of July,
- 2007.
1�1
r
1
�/ - May4r Becky Ames -
CSJ # 0920-38-178
District # 20
Code Chart 64.# 03200
Project: Old Dowlen Rd. Improvements
Federal Highway Administration.
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development .
STATE OF TEXAS §
COUNTY OF TRAVIS §
.ADVANCE FUNDING AGREEMENT
AMENDMENT # 2
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, Texas, 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 7th. day of September,
2007 to effectuate their agreement to reconstruct Old Dowlen Road from State Highway (SH) 105.
south to Dowlen Road;and,
'WHEREAS, the State and the Local Government executed Amendment No. 1 on the 8th day of
September, 2009 to amend the project's scope of work; 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 In accordance with Article 2.a.'of the Master Advance Funding Agreement between the City of
Beaumont and the State, this agreement will terminate effective when signed by the last party
whose signing makes this amendment fully executed.
2. Signatory Warranty
Each signatory warrants that the, signatory has necessary authority to execute this agreement on
behalf of the entity represented.
AFA Amend Page 1 of 2 Revised 02/20/201.9
-CSJ # 0920-38-178
District # 20
Code Chart 64 # 03200
Project: Old Dowlen Rd: Improvements
Federal Highway Administration..
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
Each party is signing this amendment on the date stated under that party's signature.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name .
Title
Date
THE STATE OF TEXAS
Kenneth Stewart
Director of Contract Services
Texas Department of Transportation
Date
AFA Amend
Page.2 of 2 Revised 02/20/2019
CSJ # 0920-38-178
District # 20
Code Chart 64 # 03200
Project: Old Dowlen Rd. Improvements
CFDA #: 20.205
STATE OF TEXAS §
COUNTY OF TRAVIS §
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.
WI.TNESSETH
WHEREAS, the State and the Local Government executed a contract on the 7'" day of September, 2007 to effectuate
their agreement to reconstruct Old Dowlen Road from State Highway (SH) 105 south to Dowlen Road; 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
Originally, the State had intended to carry. out the environmental. assessment and mitigation (Article 7) and. provide the
architectural and engineering services (Article 9).for the project. However, following recent discussions between the State
and the Local Government, it has been decided that the Local Government will administer these responsibilities. The
Local Government has paid the State $100,000.00 for .the development of preliminary engineering.. The estimated cost .to
the State for reviewing the preliminary engineering prepared by the Local Government is $5,000.00; therefore, the State
will reimburse the Local Government $95,000.00 upon execution of this amendment.,
Article 7 is replaced with: -"Environmental Assessment and Mitigation will be carried out by the Local Govemment."
Article 9 is replaced with: "Architectural and Engineering Services will be,provided by the Local Government, as stated in
the Master Agreement, without exception. The Local Government is responsible for performance of' any required
architectural or preliminary engineering work. The State may review and comment on the work as required to accomplish
the public purposes of the Local Government. The Local Government will cooperate fully with the State in accomplishing
these local public purposes to the degree permitted by State and Federal law."
Article 12 (d) is replaced with: "Prior to the performance of any engineering review work by the. State, the Local
Government will pay to the State. the amount, specified in Attachment C. At a minimum, this amount shall equal the Local
Government's funding share for the estimated cost of preliminary engineering review 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."
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.
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.
AFA-AFA Amend Page 1 of 3 Revised 10/23/08
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to
effectuate this agreement.
THE LOCAL GOVERNMENT
THE STATE OF TEXAS .
r l
Executed for the Executive Director and
O1T . Cfiyihp.� T
approved for the.Texas Transportation
Name of LocA Government
`Commission for the. purpose and effect of
activating and/or carrying out the orders,
By:
established policies or work programs. .
Signature .
heretofore approved and authorized by the
_
/ltV`
Texas Transportation mmission.
�i f
Printed.Narle
B
Janice Mu Fenix
Title
Director of Contract Services
i
Titlea6aaV—0o
7
Date
r Date
AFA-AFA Amend Page 2 of 3 Revised 10/23/08
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 B. This roadway will be:reconstructed as a four.(4) lane facility. The Local
Government's participation is 100% of the right-of-way, utility adjustments, environmental, preliminary engineering and.
preliminary engineering review costs for these improvements. Federal funds will cover 80% of the construction costs for
the improvements up to a maximum Federal. share of $4,000,000.00 for the entire project. All remaining construction
costs will be paid by the Local Government. The State has estimated the project to be as follows:
Description
Total
Estimate Cost
Federal
Particl ation
State
Particl ation
Local
Participation
Cost
.% ..Cost
-.% -CO$t
PRELIMINARY ENGINEERING COSTS
Environmental
$15,060.00
0%
$0.00
.0%
$0.00
100%
$15.000:00
Preliminary Engineering
$400,000.00
0%
$0.00
0%
$0.00
100"%
$400,000.00
Preliminary Engineering Review
$5,000.00
0%
$0.00
0%
$0.00
100%
$5,000.00.
Subtotal
$420 000.00
$0.00
$0.00
$420,000.00
CONSTRUCTION COSTS
Construction
$5,000.000.00
8061.
$4,000,000.00
0%
S0.00
.20%
$1,000.000.00
Direct State Costs (including plan
review, inspection and oversight)
(Estimated at 11.5% of
construction
$575,000.00
0%
$0.00
0%
$0.00
100%
$575.000.00
Indirect State Costs (no local
participation required except for
service projects. Estimated at
4.770A of constructlon
$238,500.00
0%
'$0.00
0%
$238,500.00
0%.$0.00
.Subtotal
$5,813,500.00
$4,000,000.00
_ .
$238,500.00
51,576,000.00
TOTAL ..
$6,233,500.00
$4,000,000.00 .
$238,500.00
... $1.995,000.00
First Payment due prior to
PSBEreview b State
$5,000.00
Second Payment due 60 days
prior to the project letting
$1,675,000.00
Direct State Costs will be based on actual charges.
Local Government's Participation = 1.995.000.00
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 an estimate only, final participation amounts will be based on actual charges to the project.
AFA—AFA_Amend Page 3 of 3 Revised 10/23/08
CSJ # 0920-38-178
District # 20
Code Chart 64 # 03200
Project: Old Dowlen Rd. Improvements
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For a. District Discretionary. Project
(Off State System)
THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of
Texas, acting by and 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, a Master -Agreement between the Local Government and the. State has been adopted
and states the general -terms and conditions for 'transportation projects developed through this
LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 110753 that provides for.
the development of, and funding for, the project describe herein; and,
WHEREAS, the Governing Body of the Local Government has approved entering into. this LPAFA by
resolution or ordinance dated a 7 , which. is attached hereto and made a part
hereof as Attachment A for development of the specific project which is identified in the location map
shown as Attachment B.
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:
AGREEMENT`
1. The period of this LPAFA is as stated in the Master Agreement, without exception.. .
2. Termination of this LPAFA shall be under the conditions as stated .in the Master Agreement,
without exception.
3. Amendments to this LPAFA shall be made as described in the Master Agreement, without
exception.
4. Scope of Work.
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 B. This roadway will be
reconstructed as a four (4) lane facility.
5. Right of Way and Real Property shall be the responsibility of the -Local Government, as stated in
the Master Agreement, without exception.
Page 1 of 7
6. Adjustment of utilities will be 'provided by the Local Government as required and as stated in the
Master Agreement without.exception.
7. Environmental Assessment and Mitigation will be carried out by the State.
8. Compliance with Texas Accessibility Standards and -ADA will be as stated in the 'Master
Agreement, without exception.
9. Architectural and Engineering Services will be provided by the State; as stated in the Master
.Agreement, without exception. The State: is responsible for performance of any required
architectural or preliminary engineering work. The Local Government- may review and comment
on the work,as required to accomplish :the public purposes of the -Local Government. The State
Will cooperate fully with the Local Government in accomplishing these local public purposes to the
degree permitted by State and Federal law.
10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement,
without exception.
11. Project Maintenance will be undertaken . as provided for in the Master Agreement, without
exception.
12.' Local Project Sources and Uses of -Funds
- a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done.
prior to federal. authorization will not be: eligible for reimbursement. It Js the. Local
Government's 'responsibility to verify with the State that the Federal Letter of -Authority has
been issued for the work covered by this Agreement.
b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the -
percent
age and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. The Local Government is responsible for all non-federal and non -state funding, including all.
project cost overruns, unless provided for through amendment of this agreement.
d. Prior to the performance of any engineeringwork by :the State, the Local Government will pay
to the State. the amount specified in Attachment C. 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.
e..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: -
f. 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 shall be deposited by the State in an
escrow account to be managed by the State. Funds inthe 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.
g. If any existing or future local ordinances, commissioners court orders, -rules, -policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or -Federal Regulations, or if any other
locally proposed changes, including but not. limited to plats or replats, result in increased costs,
then any. increased costs associated with the ordinances or changes will be paid by the local
Page 2 of 7
government. The -cost of providing right of: Way acquired by the State shall. mean the total
expenses in acquiring the property interests either through negotiations or ,eminent domain
proceedings, including but not limited to expenses related to ' relocation, removal, and
adjustment of eligible utilities.
h. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or, indirectly through a subcontract under the .contract..
Acceptance of funds directly under the :contract or indirectly through a subcontract under this
contract acts as acceptance of the' authority of the state auditor, under the .direction of the
-legislative audit committee, to conduct an,audit or investigation in connection with those.funds.
An entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
13. Document and Information Exchange. The Local Government agrees to electronically deliver to
the State all general notes, ' specifications, contract provision requirements and related .
.documentation in a Microsoft® Word. or similar. document: If requested by the.State, the Local
Government will use the State's document template. The Local Government shall also provide a
detailed construction time estimate including -types -of activities and month -in the format required
by the -State. This requirement applies whether the Local Government creates the documents
with its own forces or by hiring a consultant or professional provider.
14. incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing
provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final
execution of this LPAFA, unless such MAFA provision-is'specifically excepted herein.
15: Insurance. If this agreement authorizes the Local Government or its contractor to perform any
work on State right of way, before beginning work the entity performing the work shall provide. the
State with a fully executed copy of the State's Form 1560 Cert'if'icate of Insurance verifying the
existence of coverage in ,the amounts and types specified on -the Certificate of Insurance for all -
persons. and entities working on State right of way. This coverage shall be maintained until all
work on the State right of way is complete. If coverage is not maintained, all work on State:right
of :way shall cease_ immediately, and the State may recover damages and all costs of completing -
the work.
1.6. Signatory Warranty. The signatories to this agreement warrant that each has the -authority to ehter
into this agreement on behalf of the party represented..-
IN TESTIMONY HEREOF; the- parties. hereto have caused these presents to be executed in
duplicate counterparts. -
THE LOCAL GOVERNMENT
By:
(Signature) l
Title: C: 7 /114A4
Date:
Page 3 of 7
THE STATE ®F TEXAS
Executed for the Executive -Director and approved for the Texas Transportation Commission for the
purpose and effect:of activating and/or carrying out the orders,,established policies or work programs
heretofore ap ved and authorized by,the Texas Transportation Commission. -
By: r
anice Mulle i
irector of Contract Services Section
Office of General Counsel
Texas Department of Transportation
Date: a0--
f
Page 4 of 7
Page 5 of 7
ATTACHMENT A
RESOLUTION NO..07-219.
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 Local Transportation
Project, Advanced Funding Agreement with; the Texas Department of Transportation
(TxDOT) for the Old :Dowlen Road Project. The agreement 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 24th day of July,
2007.
ail
i. - Ma r Becky Ames -
s r.
ATTACHMENT C
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 B. 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.8.0% by federal funds. Tederal funds will also
cover 80% 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:
Description
Total
Estimate Cost
Federal
Participation
State
Participation
Local
Participation
% -Cost
% Cost
to Cost
PRELIMINARY ENGINEERING COSTS
Preliminary Engin:eenng
$500,000.00
80%
$400,000.00
0%
$0.00
:20%
$100,000.00
Subtotal'
$500,066.00
S4D0,000:00;
" .' '. $O.OD.
$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)
(Estimated at 12% of construction)
$600,0001.00
0%
$0.00.
0%
$0.00
100%
$600,000.00
Indirect State Costs (no local
participation required except for
service projects)
$0.00
0%
$0.00
0%
$0.00
0%
$0.00
Subtotal
$5,600,000:00,
$3,600,000.00`
$0.00-,
:.
S2,000,000.00
TOTAL
S6,100,000.o0
$4,000,000.00
$0.00
S2,100,000.00
* - The breakdown for the Construction cost is as follows:
$5,000,000.00 — total cost .
$30600,000.00 - 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%/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%.
DirectState Costs will be based on actual charges.
Local Government's Participation = 52,100,000.00
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 solely for the cost of
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.
Page 7 of 7
STATE OF TEXAS §
--
_-U.R:1�G.I.NAL..
C®LINTY OF TR AV
lIS § ..
MASTER AGREEMENT
GOVERNING
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENTS
THIS MASTER AGREEMENT (MAFA) is made by and, between the State of Texas, acting by, and
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 u
WITNESSETH .
WHEREAS, . the Intermodal Surface -Transportation and Efficiency .Act of 1991 (ISTEA) and the
Transportatlon Equity Act for the 2i5� Century (TEA 21,) codified under Tifle 23 tJS.C."Section 101 et
seq.,.;- authori2e tr..ansportatiori programs to meet the-, challenges of protecting and enhancing
communities and 'the natural environment and advancing the nation's economic growth and
competitiveness; and
WHEREAS, ISTEA and TEA-21' establish federally funded programs for transportation `improvements
to implenient'its:publfc purposes;.,and
WH.PREAS,, Title 23 U.S.C.-Section 134_requires .that Metropolitan Planning Organizations and the
States',
Transportation Agencies to.develop.,iransportdtion' plans and programs for urbanized areas of
the State; and
WHEREAS, the Texas Transportation Code, Sections:201.1.03 and 222.052 establish :that the:.State
shall design, construct-and.operate, a system of highways'in cooperation with local governrents; and
WHEREAS, federal: and state. laws require local. governments to. meet certain 'contract standards
relating to:the management and administration of State and federal funds; and
WHEREAS, the governing terms of this Master Agreement will provide for -efficient and'effective ,
contract Administration: the types of Local Project Advance Funding Agreements (LPAFA) 11sted;in -
Attachment A; and,
WHEREAS, the Texas Government Code, Section 441.189 allows any state record to be created or
e p
stored electronicaYll m.:accordance P with standards and `ro edures adopted administrative rules of
the Texas State Library and Archives Commission;: and
WHEREAS, the Governing Body. of the: Local Government has approved entering: into this. Master
Agreemeht'by resolution or ordinance, Which. is attached. hereto and -made a part of this Master
Agreement as Attachment B.
N®yll, Ti-IEHEFOAE,.in consideration of the premises.And of the mutual covenants and agreements
of:the parties hereto, to be by them respectively kept and perfortned -as hereinafter set:forth, it :is
agreed as follows:
AGREEMENT
1. Period .of the Agreements
This Master -Agreement and the Local Project Advance :Funding :Agreements (LPAFAs) subject to
this Master Agteernent become effective when signed by the Iasi:party whose signing makes the
Page 1 of 12
respective agreements fully executed:. This Master Agreement shall remain .,in effect until
terminated as provided in Article 2.
2. Termination of thls Master dgreement
This agreement maybe terminated by any of the following conditions:'
a:. by mutual written. consent and agreement of all parties.
b. by any party with 9t} days written notice- If this Master Agreement'is terminated under this
clause.,'. all' existing, -fully, . executed LPAFAs made under this Master Agreement shall
automatically incorporate' all the provisions of this Master Agreement.
c. by either .party, upon the failure of''the other party to fulfill.the obligations as set forth in this
Master Agreement.
3. Termination of the -Lora! Project Advance Funding Agreement-(LPAFA)
An LPAFA shall remain in effect until the project is completed and abeepted.by'all parties, ,unless:
.a. the agreement is terminated in writing with the mutual consent. of the.parties; or;'
b: because :of a, breach of this, Master Agreement or a breach of the Local Project Advance
Funding Agreement. Any cost incurred due, to a breach of contract shall be paid by the
breaching :party. .
c.. After the PS&E the local government may. elect not to provide the funding and the project does
not proceed because of insufficient funds; the local government agrees to reimburse the State
for its reasonable actual costs incurred during the project.
d. Conditions for termination as specified in the.'l_PAFA are -fulfilled;
4. Amendments
a. Arriendment:of this Master Agreement by Notice with Mutual Consent: The --State may
notify the Local Government of changes in this Master Agreement resulting from changes . .
in federal or state laws or rules. or regulations and these chang'esi inthe, Master Agreement
shall be incorporated into- this agreement unless the State is notified by the, Local
Governmentwithin 60 days. From time to time; the- State may issue numbered
restatements of this MAFA to wholly reflect its amendments:
b. This .Master. Agreement may be. amended due, to changes in the agreement- or the
responsibilities of the parties..Such arnendm.e.nt must be made through , -a mutually agreed'
-
on written arhpndment that is b the
;. ,.0 P ,. _ Y .. P.artie&
C. The notice: of amendment and the amendment 'to this Master Agreement may be in an
electronic form to the eutent permitted by law and after a prior written coriserit,of-the parties
to -this agreement.is made.
d.' Amendment's to :the LPAFAs .due to. changesIn the character of the work- or terms: of the
agreement,, or responsibilities of the parties relating to .a.specific project governed under
this .Master Agreement may be enacted through a mutually agreed. upon; written
amendment to the, LPAFA.
5. Remedies
This agreement shall not be considered as specifying the exclusive remedy for any agreement
default, but all remedies. existing at 19W and in equity may be availed of by either party to this
agreement and shall be cumulative.
S. ,utilities .
If the required, right of way encroaches. upon existing utilities and the proposed project requires
their adjustment;,removal`or relocation, the Local Government will. be,responsible'for determining
the scope of utility work and notify the appropriate utility company to schedule adjustments,
unless specified otherwise in a specific'L:PAFA under other provisions of this ,MAFA:
The Local .Government shall be responsible for the adjustment;- removal or. relocation of utility
facil�ities in accordance with applicable. State laws, regulations, rules, policies and procedlrres.
Page 2 of 12
This includes, ,but is not limited to: 43 TAC §15.55 relating to Construction Cost Participation; 43
TAC §21.21 relating. to State Participation in Relocation, Adjustment, and/or Removal of Utilities;
and, 43 TAC§''21.31 et seq. relating to Utility Accommodation. The Local Government will be
responsible for -all costs associated with :additional adjustment, removal, or relocation during the
construction of, the project, unless this work isprovided by the owners of the utility facilities:
a.. per agreement;
b. per all applicable statutes or.rules,.or;
c, as specified otherwise in:a.LPAFA.
Prior to letting a construction contract for a local project, a utility certification must be made
available to the State upon request stating that all utilities needing to be adjusted for completion
of the construction activity have been adjusted.
7. Environmental Assessment and Mitigation
Development of a local transportation project must comply with the National Environmental Policy
Act and the National Historic Preservation Act of.1966, which require environmental clearance of
'federal -aid projects.
a.. The Local -Government is responsible -for the identification and assessment of.. any
environmental problems associated .with the development of a local project governed:by this
agreement; unless provided for otherwise in the specific project agreement:
b. The Local Government is responsibld for the cost of any environmental. problem's mitigation
and remediation; unless provided for otherwise in the specific project agreement.
c. The Local Government is responsible for providing any public meetings or. public hearings
required for development of the environmental assessment, unless provided for otherwise in
the specific project agreement. -
d. The Local Government shall -provide the State with written certification. from appropriate
regulatory'agency(ies) that identified environmental problems have been remediated, unless
provided for otherwise in the specific,project agreement:
8. Compliance with Texas Accessibility Standards and ADA
All. parties to this agreement shall ensure that the plans for and the construction of all projects
subject to this Master -Agreement are in compliance with the Texas Accessibility Standards (TAS)
issued by the .Texas Department of Licensing and ,Regulation, - under the Architectural Barriers
Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements
to be consistent with minimum accessibility.requirements,-of'the Americans with Disabilities Act
(P.L. 101-336) (ADA).
9. Architectural and Engineering Services
Any'party to this contract may, have responsibility for effecting. the performance of architectural
and engineering services. Or, the parties may agree to .be individually responsible' for portions of
this work. The't_PAFA shall define the partyresponsible for performance of this. work.
The .engineering plans shall be developed in accordance with the applicable State's Standard
Specirications for Construction and Maintenance of Highways, Streets and Bridges, and: the
special specifications and special .provisions related thereto, unless specifically statedotherwise
in the LPAFA and approved by the State.
In. procuring professional services, the parties to this agreement must comp{y with federal
requirements cited in 23 ..CFR Part 172 if the project is federally funded and with.: Texas
Government Code 2254, Subchapter A, in all cases.
Professional services contracts- for federally funded projects must conform to federal
requirements, specifically including the provision for participation by Disadvantaged Business
Enterprises (DBEs); ADA, and environmentai matters.
Page-3 of 12,
1.O.Construction Responsibilities
a. Unless specifically provided for otherwise in. the LPAFA, the State shall: _advertise for
construction. bids, issue bid proposals, receives and tabulate the bids and award. and
administer'the contract for'construciion'of the Project. Administration of the contract includes
the responsibility for .construction. engineering, and for issuance of any change. orders,
supplemental agreements, amendments;, or additional work orders, which may become
necessary subsequent to the award of the construction contract, In order to ensure federal
funding eligibility, projects.must be authorized by the. State prior to advertising for construction.
b;. All contract letting and award procedures must be app"rdbed by the State. prior -to letting •and_
award of'the construction contract, whether the construction contract is awarded by the. -State
or by.the Local Government.
c. All contract change order review. and approval procedures must be approved bythe State prior
to start of construction:
d. ,Upon compiebon of the Projdct, the party constructing, the project will issue and .sign a
"Notification of CompletionA acknowledging the Prajecr.s construction completion.. -
e. For federally funded contracts, the parties to this agreement will comply _with federal
construction requirements cited in 23 CFR Part -635 -and -with requirements cited in 23 CFR
_Part 6.33, and shall include the latest version. of-.Fomn "FHWA47X in the contract bidding .
documents. if force account work Will be performed,- a finding of cost effectiveness shall be
made in compliance with 23 CFR 635, Part- B:
11. Project Maintenance .
The Local Government shall be responsible for maintenance of locally owned roads after
completion of the work and the State shall be . responsible- for maintenance of state highway
system after' completion ' the ,work if the work was on' the state highway "system, unless
otherwise provided for in the LPAFA or other prlor-existing.rnaintenance agreement'with the .Local
Govemment.
12. Local Project`Sources,and Uses of Funds
a.. The total estimated cost of the Project will be clearly. stated in the local -project agreement.
The expected cash contributions "from,the' federal, state, Local Governments or other parties
will be clearly stated. Ths.e State will pay for only those project costs .that have peen approved . .
by the Texas Transportation Commission.
b. A project. cost estimate .showing the -'estimated contributions in kind or in .cash for.each major
area of the local project will be provided in the, LPAFA. This.s project cot estimate will show
how necessary. resources for, completing the project will be provided ,by major cost categories.
These paiegories include but are not limited. to: (1) costs.of real properly; (2) costs of utility'
work;. (3) ;costs of environmental '.assessnient and remediation; (4) cost, of preliminary
.engineering and design; (5) cost of `construction and construction management;. and (6) any
other local project costs.
c:.- The State.will be responsible for securing the Federal and- State share of the funding required
for.the;develop'meni and construction ,of the local project. Federal share of the.projectwiA be
reimbursed to the local government ,on a cost basis.
d. The Local Government will be responsible for all 'non-federal or non -State. participation costs
associated with the ProJect, .including any overruns in excess of the -.approved local project
budget; unless otherwise provided for in the LPAFA.=
e. Following execution of -the LPAFA, but, prior to .the performance of any review work by the
State, the Local 'Government will remit a check or warrant made payable to the `=Texas
Oepaitment of Transportation " in'the'.amount specified In the. LPAFA. 'The Local Government
Will pay at a minimum its funding 'share' for the, estimated cost of preliminary engineering for
the, project, unless otherwls. a provided for In the LPAFA.
Page 4 of 12
f: Sixty (60) daysp'rior to the`date setfor.receipt of the construction' bids, the Local,Governrnent:
shall remit its remaining financial _share fior the Slate's estimated construction oversight and
construction' cos%. unless otherwise provided'for: in the LPAFA:
g . In the event the State determines that additional funding is required by the, Local Government
at any.iime during the -Project, the State will notify the Local Government in writing. The Local'
Government -will tnake payment to the State within. thirty (30) . days from receipt of the. Stafe's.
_written not if!cation, unless otherwise provided foe in the LPAFA.
h; Up`on completion of the -Project, the.Stafe will perform :an audit of the -local.. project costs.- Any:
funds :due to the Local Government, the State, or the. Federal' government will be promptly
paid by the owing party.
i.... The State will not pay interest on any funds provided by the Local Government..
j If a waiver has been granted, the State will not charge.the Local Govern(rientfor the indirect
costs the State incurs on the local project, unless this agreement is terminated at the request
of the Local Government prior to completion of the .project..:
k. If the _ local project has, been approved for a -"Fixed price" or an Nincremental payment". non-
standard funding or payment arrangement under 43 TAC §15.52, the LPAFA will clearly state
the amount of the fixed price or the incremental payment schedule.
I. The `Texas Comptroller of Public Accounts has ' determined, that certain counties qualify -as
Economically Disadvantaged -Counties in comparison to other counties in the state as below .
average per capita'property value, and below. average per capita income, and above average
unemployment, for. certain years. The- LPAFA -will reflect adjustments to the standard
financing arrangement based on this designation:
M. The State will not execute the contract for the construction of a local project until.the required
funding has.bee'n made available,by the Local, Governmant in accordance with the LPAFA. .
13. bight of Way and Real Property
The Local Government is responsible for.the provision and acquisition of.any needed 'tight_ of
way or real properly, unless the State agrees to participate in the provision _of right of way.'under
the. procedures described herein as parts A and of this -provision:
'Title to. right of way and other related real-prop.erty must be acceptable to- the State before funds -
may be expended for the improvement of the eight'of way-pr real property.
if the Local .Government is the owner bf ' any part' of a project- site under an LPAFA, :the Local
Goyernment 'shall permit the State or its authorized representatve access to occupy the"site to
perform ali activ'ifies.required to -execute the work`under the LPAFA.
All parties -.to this; agreement 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 in conveying.the real
property to the Local Government.and:benefits applicable to the relocation of any displaced
person as defined in 49 CFR 8ect16n'24,2(g). Documentation to support'such compliance must
be, maintained_ and made available. to the. State and Its representatives :for review and
inspection.
If the local governmentpurchases right of way:.for.a local -government, street; title.will..be acquired
In the name of the Iocal government in accordance with applicable laws unless specifically
stated oth6M16e in the LPAFA.and approved by the State. .:
If the State: participates in. the purchase of. right of way for .the state, it. will be ,under the -
processes estabfished in the following paragraphs A or B, .and the selected`bption shall be
specified in the LPAFA.
-Page 5 bf 1-2
A. Purchase By the State for the State
The State "will .assumeresponsibility for acquisition of all necessary. right of way for the
highway, project: The Local Government will voluntarily.contribute to the. State, fundsequal to
ten (10) percent of cost of the right of way for- the proper development:and construction
of the state highway and shall transrnit to the State a warrant -or check payable to the
Texas':Department of Transportation when notified bythe State of the -estimated cost of the.
right of way_ If the. amount .ls found .insufficient to pay the Local Governments obligation,
then the -Local Government, upon. request.of the'State; will supplement this amount in such
amount as requested by State. Upon complotion ,of the highway project and in -'the event
the total amount paid bythe Local Govemment is more thanten (10) percent of the actual
cost.of the right of way,,; any excess amount will: be returned ,to the Local Government:. Cost
of the.right-of way by the State shall mean the total value of compensation paid to owners,
including' but not limited to utility owners; for their property interests either through
negotiations or eminent domain proceedings:
B. Purchase by -the Local Government :for the State
Purchase:, Right of `way purchases shall be a joint effort, of the State and the Local
Government. Acquisition 'of right of way shall •be in accordance with the. terms of this
agreement and in accordance with applicable Federal and .State laws'governing the
acquisition policies for acquiring real property.`The State. agrees to reimburse the Local
GoverniY'ent for Its share of the cost of such right of way providing. acquisition when it has
been authorized'to proceed`by the: State.
Location Surveys and Preparation of Right_ of Way Dataa The State, without.cost to the
Local Government, will .do the necessary: preliminary engineering and title investigation in
order to supply to the Local Government -the data and instruments necessary to obtain
acceptable title to: the. desired right of fluty:_
Determination of Right of . Way Values: The Local .Government. agrees to make -a
determination of propertyvalues #or each tight, of way parcel by,fnethods acceptable to the
Local Government and to submit_ to the State's District. Office a tabulation of the; values so
determined, signed 'bythe appropriate Local Government representative. Such tabulations
shall list the. parcel ;numbers, ownership, acreage and recommended .;compensation.
Compensation .shall be- shown in the component parts 'of land acquired,. itemization of.
improvements acquired, damages' , if Any), and the .amounts, by ".which the, total
q . � g (� Y .
compensation will be. reduced if the owner retains improvements. This .tabulation shall be
accompanied, by.an explanation.Jo supportthe 'determiried values; together with a copy of
information or reports used in arrivingat:all determined values. Such. work .will be
performed, by the Local, Govemment at its expense without cost participation. by the State:
The State will review:. -the data submitted and may base its reimbursement on. the values
which are determined by this review. The State, however, reserves'the_right to perform at
its own _;expense: any additional ,invpstigation, deemed necessary; Including supplemental
appraisal work by State employees, or by employment of fee appraisers; all as may ' be
necessary for determination. of values 'to constitute. the basis for State reimbursement: if at
any stage of the project development it is determined by mutual -agreement between the
State and Local Government that the requirement -for .the- Local, Govemment to..submit_.to
--the; State :property value; determinations for any part of the required right.of ;way should be
Waived, ;the .Local Government will make appropriate written notice to the, State of such
waiver.,16u6h notice to be acknowledged inwriting byAhe State. In instances of such,waiver;
the State by Its. due processes and at As -own expense -will make a .determination of values
to'consti'tute. the:basis for State,reimbursement:
- Pagez of 12
I .
Negotlatioras The State will .notify the Local Govemment as soonas possible as to the
8tate's,determination.of value: Negotiation and settlement with the.property owner will be
the responsibility of the °Coca{ Government without participation by the State; however, the
Local Government will notify the State immediately prior to closing the transaction so that a .
current 'title investigation may be,made.ao det®rmine if there has.been any, change to the
title. The .Local Government will deliver -properly executed instruments of conveyance which
togefher with any curative -instruments found to be necessary as a result of the State's title:
investigation will be -,properly vest title in the State for each right of way parcel involved. The
costs incidental to negotiation and the costs: of recording.the right of way instruments. will -
be. the. responsibility of the Local Government. The cost -of title investigation will- be the
responsibility of the State.
Condemnation: Condemnation proceedings will be initiated at a time selected by the
Local Govemment and will: be the Local Government's. responsibility at its own expense
except as hereinafter indicated. The Local .Govemment will obtain from the State -without
cost current title information and engineering data at the time, condemnation are:
be
indicated. Except as hereinafter set forth the -.Local Government .will concurrently file
condemnation proceedings and -a notice of �lis .pendens for each. case. in'the name. of the
Statei ;and in. each case 'so filed the judgment of the court will -decree title 'to the property
condemned to ttie State. The Local Government may, as set forth herein under "Excess
Takings" and where it is determined to be necessary, enter condemnation -Proceedings_ in
its. own name. Property acquired in the Local Government's name for. the State, must
comply with requirements set forth in the engineering data and -title investigation previously
furnished to 'the Local Government by the State at such tier e. a"s the Local Government
conveys-said.prope[ty o the: State.
Court Costs, Costs of Special Commissioners' Hearings and Appraisal -Expense: Court' -
costs and. costs of Special Corrimissioners' hearings assessed against. the State � or Local
Government .in condemnation proceedings conducted on behalf of the State and fees
incident thereto will be paid *by :the Local. Government:. Such costs and fees, with the
exception of recording fees, will be. eiiglble for ninety (90) percent State reimbursement
under the ,established reimbursement procedure.provided .such costs and fees, are eligible
for payment by the State under:existing law; Where the Local Government uses the State's
al
appraisers employed on a fee basis in Special' Commissioners' hearings 'or .subsequent
appeals, the cost of the appraiser for updating the report; for preparing new ' reports,
preparing -for court- testimony and appearing' in court to testify in support of the appraisal
will be paid -direst by the Local Government,, but will be.eligible for ninety (9.0) percent State
reimbursement under,establishe.d procedure provided -prior approval for suc}i appraiser has
been.,obtained from the State. The fee, paid the.appraiser by the Local Government. shall
be in accordance with `the fee schedule set forth in -the appraiser's contract for appraisal
services with.the.State:
Excess Takings: In the event the Local:Govemment:'desires to acquire land in excess of
that requested by the State for right.of.way purposes, the:.State's cost,participation will be
limited to the_property :needed for. its purposes. If the Local Government elects to acquire
the entire property; including the excess taking, by a single instrument of.conveyance or, in one eminent- domain proceedingthe. ro e
- me. of the
; ` p p rty-mvo ved will be acquired in the na
Local Government, and that :portion requested, by the State for: right ;.of way, will be
separately conveyed -to the State by the Local Govemment. When acquired by negotiation,
the State'sparticipation will be based on th$ State's; approved value of that part of'the
property requested for right- of way purposes, provided that such approved tvalue. does not
exceed actual payment made by -the Local Government. When -acquired.by condemnation,
the •$tale's participation will be: in the proportionate part of the fnal :judgment amount.
_Page 7 of 12
computed an -the basis of the relationship. ,of theState's' approved value to the State's
predetermined value for the whole property:
Improvernents.Property owners -will be afforded -an -opportunity In the - negotiations to
retain any or all of their improvements in the rightof way taking. In anticipation of.the owner
desiring to retain improvements, the State's approved value. will include -the amounts by
which the upper limit of'State, participation'will be reduced for the retention. It.is further
agreed that the .upper limit'for the. State's participation .in the Local Government's cost for
an improved parcel will be reduced as shown in the State's approved value where the
owner retains an improvement which is to be moved by either the Local Government or the
owner. In the event improvements; which are; .in whole or part; .a ,part, of the right of way
taking are not retained by the owner; title is to be secured in the name of the State.
The State will participate, in the acquisition of a structure severed. by the right. of way line if
the part of the house, building or similar structure which lies outside the :right of way cannot
be reconstructed adequately or there is nothing but salvage IefE; provided that the 'State's
value is established on -this basis and provided that title to the entire structure is taken in,
the name of the State. The State shall dispose of all improvements acquired, The net
revenue derived by the State from the disposition. of any improvements ,sold through the -
General'Services Commission will be credited to the cost of.the right.of way procure'd-and-
shared with the Local Government.
Relocation of "Utilities on Acquired State -Right of -Way: If, the required right of way .
encroaches. upon an existing, utility .located ion .its own right of way -and, the proposed
highway construction requires th_e.adjustment, removal or relocation of the utility -facility, the
State will establish the necessity for the utility work.. State participation, in the ,cost of. .
making the necessary change, less any resulting increase in the value to the. utility and less
any salvage -value obtainable, maybe obtained -by either. he "actuaLcost"for '.'lump sum"
procedures.: Reimbursement under "actual cost". will be made subsequent to the Local
Government's certification that the work has been -completed and will be made _'in .an
amount equal,to ninety. (90) percent of the eligible'items: of cost as paid to the utility-oowner.. .
The "lump sum" procedure requires that the State establishes the eligibility of the lutiliV
work and enters into athree-party agreeine.nf, with the owners of the utility facilities and the
Local Government, which sets forth°the exact lump sum amount of reimbursement, based -
on a, prior appraisal. The utility, will be reimbursed by the Local- Government after ;proper
certification by the utility that the work.has been done, said reimbursement to be the basis
of the. prior lump.. sum agreement: The State will reimburse the .Local. Govemment_ in an
amount.' equal, to ninety (90) percent of the firm commitment as paid to th'e utility owner.
The foregoing is subject to the provision. that the individual: lump sum approved value. shall:
not exceed $20,000, except as- specifically approved by the State. In those cases where a
single .operation is estimated 'to� exceed $20;000 the, tr.ansaction will be brought;ao the
attention of the State for determination 'of proper handling. based upon the circumstances
Involved. Such utility. firm commitment will be an appropriate item . of right of way. The
adjustment, .removal or relocation oi- any utility .line on publicly owned - right of way by
sufferance or permit will not be,'eligible for State reimbursement. The term 'utility'.' under
this agreement shall.include publicly, privately.and cooperatively owned uflli'ties. .
Fericing Requirements: The :Local Govemment may either pay the property owner .for
.existing;' ;'fight of way fences'based on the value such fences contribute to the part taken
and. damages for an unfenced condition, resulting from the right of way taking, ,in -which
case ,the estimated value of such right of way fences :and such"damages will be included in
the recommended value and the approved value, or the local. Govemmerit_rnay do the
-fencing,on the property owners remaining property. -
Page -8 of 12
Where 'the Local Government performs right of way fencing. as a part of the total .right .of
way consideration, -neither. the value„of existing right of:wdy .fences nor ,damages for an .
unfenced condition will. be included .in the recommended value or the approved value.
State participation in the Local Government's cost .of eonstructn� right of way fencing on
the:property-owner's remainder may be based on elther the actual cost of the fencing, or on
a predetermined lump sure amount: The State will be given credit for any salvaged -fencing
material and will not participate iri any overhead costs oNhe Local Government.
If State ,participation is to be- requested on the lump` sum basis, the: State and the Local
Government will reach an agreement prior to the actual accomplishment.of the work: as to
the necessity, eligit ility .and. a firm 'commitment,.as to the cost of the entire fencing work to
be performed. The foregoing is subject td the provision that the lump sum: approved cost.
shall not exceed $20,00q, except,,as specifically approved by the State. In .the event. the
costof'the fencing is estimated to. :exceed $20,000, the transaction will be broughtto the
attention of the. State for: determination of proper handling based_ upon the. circumstances
involved: .
Reimbursement: The State will . reimburse -the Local Government. for right of way acquired'
after #tie. date of this agreement in amount. not to exceed ninety (90) percent of the cost of
the right of way acquired in `accordance with the' terms and "provisions -of this ' agreement.
the State's reimbursement will ' be in the amount of ninety (90) percent of `the Btate's
predetermined value ,of each parcel,. or ' the. ' net cost thereof, 'which
ever is the lesser
amount.
If condemnation is .necessary.and title. is taken asset forth herein under thesection entitled
"Condemnation," 'the .participation by the State shall be based on the final judgmenf;
conditioned upon the State having been notified in Writing prior to the filing of such suit' and
upon,prompt`notice being given as to all action taken tIh rein. The State shall have the right
to become a party -to' the suit at any,tirne for -all purposes, including the right of.appeal at
any stage of the -proceedings. All other items of cost -shall be borne by the State and the
Local Governmerit_as: provided in, other sections of this agreement. ifi. a lump suni fencing
or utility adjustment agreement, has been executed; the State will_ reimburse the Local
Government -in the amount of ninety (90) percent of the predetermined.lump sum .cost of
the righ' of way fencing or utility adjustment:
If the Local Government prefers not to execute a lump sum.agreement for either, fencing or
utility .adjustments, the State will ;reimburse -on the actual_ cost :-of. such fencing or
adjustments: The Local .Government's request for, reimbursement will be supported by a
breakdown of -the labor, materials and equipment -used.
General: 1t is understood that the terms of this agreement shall apply to -new right: of way
authorized and requested by the State which is needed and not yet'detlicated, in..use or
previously acquired in, the name ,of the State or Local Government, for highway, street:or
road purposes. This agreement shall also apply; with regard to -any existing'right of.way,.to
outstand'mg property interests not previously acquired and to eligible utility adjustments not
previously made, as authorized and requested. by the State.
It is further understood that if unusual -.circumstances develop in -the right of way acquisition
which are not clearly'covered by the terms of this agreement, such unusuafcircumstances
or problems will be resolved by mutual agreement. 'betweeri the State and the Local
Government:
Page 9 of. t 2:
14. Notices
All notices to'eitfer party by the other required ,under this: agreement shall be delivered
personally or sent by certified -or U.S. mail, postage . prepaid or. sent. by electronic _mail,.
-(electronic notice being permitted to the,extent permitted,by law but.only after a separate written
consent of the:parlies),'addressed to'such party at the following -addresses::. ---
Local Goivernrrteri_t:
Mate;
City -of Beaumont.
Texas Depariment-of Transportation,
Attu City Manager ...
Attn: District Engineer_
PA Box 3827
8350 Eastex. Freeveay .
Beaumont; Texas 77704-3827
Beaumont; Texas.77.708 .
All notices shall be deemed given on'the date so delivered` or so depositedin .the mail, unless
othenivise provided herein. Either party.may.change'the above address fly sending written-notioe
of the change to the other party.. Either ,party may request, in writing that such `.notices shall be
delivered :personally or bycertified- U.S. mail -and. such, request shall 'be honored and carried out
by the other party.
1.5. Legal. Construction
In case one or more of the provisions -contained in this agreement shall for;_any teason be field
invalid, illegal; or unenforceable in any respect, such invalidity, illegality or unenforceability .shall .
not affect. any other provisions acid this agreement shall be construed as if it did not contain the
invalid, illegal or unenforceable. provision.
16. Responsibilities of the_Paroes
p. p rty 9 p s an agent, servant, or employee
The State and the Local Govemmentagree that neither paityi
of th'e .other a and each `a a tees it.is.:res onsible.for its`individual.acts and deeds as well
as the acts and deeds of its contractors, employees; representatives, and agents -
IT: Ownershlp.of ®ocurnents -
Upon completion or termination of.this-agreement, all documents prepared by the.1State shall '
remain the property of the State_ All -data prepared_under'this agreementshall be_.made available
to the State without restriction or limitation oh their further use. All documents produced or
approved or otherwise. created by the Local GOVerhment.shall -be transmitted to the State in the
form of photocopy reproduction on a monthly basis as required by the State. The originals shall
remain the . ro. e p p rty of tfae Local.Covemment. '
18. Compliance With Laws '
"The parties shali.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, . i
mariner affecting the performance of this agreement. When required, the Local Government
shall furnish the State With satisfaciory:proof. of.tfiis.cornpliance. �
Sole Agreerraent
This agreement constitutes the sole and oriiy.agreement between the parties and supersedes `
any prior understantlings or. written .or oral agreements respecting the agreement's subject
.matter.
!
Pagel 0 of 12
20.. Cost Principles.
:In order to be reimbursed with federal fiends, the parties shalt comply :with the Cost Principles
established in OMB Circular A-87 that specify that -all reimbursed costs are allowable; reasonable
-and allocable to'the Project:
21. Procurement and Property Management.Standards
The parties shall adhere to the. procurement standards established in Title 49 CFR §18M and
with the property management standard established in Title 49 .CFR §18:32.
22. Inspection of Books -and Records
The parties to the agreement shall maintain gall 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 Local Government, and, if federally funded, the Federal
Highway Administration- (FHWA) and -the U.S. Office of the Inspector General, or their: -duly
authorized :representatives for review and 'inspection at its office during the ,contract period and
for four (4) years from the date of completion of work defined under this contract or until. any
impending litigation, or clahb.`are� resolved. Additionally; the- State, the Local Government,, and
the FHWA and their duly authorized representatives shall .have access to all the govemmental
records that are directly applicable to this agreement for the purpose- of making audits,...
examinations; excerpts, and. transcriptions.
23. Office of Management and Budget (OMB) Audit Requirements
The parties : shall coniplyl with the_ requirements of the Single Audit Act- of 1984, P.L. 98-502;.. -
ensuring --that'the,s'ingle audit report includes'the coverage stipulated in OMB. Circular -No. A-128
through August 31, 2000 and stipulated in OMB Circular A-133.'after August 31, 2000.
24..CWill Rights Compliance
The Local Government shall comply with the regulations of the. Department of Transportation as
they relate to_nondiscrimination,(49 CFR Chapter 21 and 23 CFR §710.405(B)),` and,Executive
Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and.
supplemented in the, Department of Labor Regulations(41'CFR Part 60).
25 '®6sadvantagod Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise 'Program
requirements: established in 49 CFR Part 26.
26 ,Debarment Certifications
Theparties are prohibited from making any award. at any tier to any party that ; is debarred or:
,suspended oc otherwise excluded from or. -ineligible for participation In Federal, Assistance
Programs under Executive: . Order 12549, "Debarrnerit and Suspension:": The :parties -to this
contract; shall; require any party to a subcontract. or.purchase_ordee awarded under this contract to . .:
certify'its eligibility to receive Federal funds and, when requested by the -State,: to, furnish a copy
of the cent ication in accordance'with Title 49.CFR Part 29'(Debarment and -Suspension).
27 .Lobbying Cef eification.
In executing this Master.Agreement, the signatories -certify to the best_.of his or her knowledge and
belief, that:
a.. No federal app.ropriated..:funds: have been.,paid or will be paid by.or on.behalf of the parties to
any person` for influencing or attempting. to influence an .officer or employee ; of :any federal.
agency, a. Member: o ' -Congress, an .officer or employee of Congress,, or an 'ernp] - ' e of a
Member of'.Congress in connection with the awarding any,federal contract; rile making of
any federal grant, :the making of .any federal toan, the entering into of any, cooperative
Page 11 of 12
agreement, .and: the extension; continuation, renewal, amendment, or.: modificAtion of any
federal contract, grant, loan, or cooperative agreement:-
b: if any fundsother than federal appropriated #ands have been paid or wi[l be paid to any, person
for influencing or attempting to influence an officer or employee of any agency, a Member of .
Congress,an officer or employee of. Congress; 'or. an employee of 'a Member 'of Congress in
connection with federalcontracts; grants; .loans, or cooperative agreements, the signatoryfor
the Local Government shall complete and submit -the federal Standard Form=LLL, "Disclosure
-Form to Report Lobbying;" in accordance with' itsinstructions.
-c.. The parties .shall require that the language of this certification be .included in the award
documents for all subawards at all tiers (including subcontracts, .subgrants,`. and contracts
under grants; loans, and cooperative agreements) and that all sub[ecipients.shall certify and .
disclose accordingly. .
By executing an- LPAFA under this' Master Agreement, the - parties -reaffirm this lobbying
certification with respect to the .individual projccts.,.and reaffirm this certification of the material
.representation of facts ,upon Which reliance will be made. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Title 31 U.S.C: §1352, Any
:person who fads to file the _required certification shall be subject'to a civil penalty of not less than
$10;000 and --not more than,$100;000 for each such tallure:
28. ;SigriataryVyarrarrty
The.sign�todes to this agreement. warrant that.each has.the authority to enter into.this agreement
on behalf of the party represented.
IN .TESTIMONY' HEREOF, -the parties :hereto -have .caused these presents to be executed in
duplicate counterparts:
TI-IE:LOCRL GOVERNMENT
Name
11 M
ss .
Title: .: c:.T�
Date: 34 sr.
TfiE'STATE;OF TEXAS
Executed .for the Executive Director and approved for.the Texas Transportation Commission, 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. -
ay.
ce ullenix..
AI
r. ctor of Contract -Services -Section.
Office of General Counsel
Texas Departmentof Transportation
Date: -
�—
Page 12 'of, 12
Federal Categories
Prefix'
Federal Categories.
Prefix ".
Interstate
Demonstraft9n Projects-,
'Interstate .
Interstate"Maintenance
interstate 4R Discretiona
interstate Constrs,Dlscretiona
i
IM
-IDR.
:113.
-
Hi Priority Corridor.on'NHS
Rural Access Projects
Innovative Pro ects
Pdoft Intermodal Projects
Con idstion Corridor
DPR
DPR -
DPI
DPM
IVH/ITS
$rid O eS
High:P4ordy Projects
HP
Bdd a Re air/Rehab On -System
BR/BH
Other.
National, Highway System:
NH__.
.S.urface Trans ortatlon Pra rate .
Forest Highways
FH
Urban Mobtii !Rehab
STP-UM
Areas <D,O(lfl
a.
STATE CATEGORIES -
Enhancement : ;
STP=TE
Metro'Mobih /Rehab
'STP-MM
Preventive,Maintenance - -
CPM
Urban Mobil /Rehab
Farm to-Market/Farm-to-Market Rehab "
,WAR . .
' . Urban &,Rural Rehabilitation
STP-R
: District Discretlon -
CD . .
"BuTal, Mobift Rehab.
STP-RM
Stat0funded:Rehab,
C
Rail-H .Cross -Info Protective Devices
STP-RXP
Park Road-
Raff-I'lwy simp Hazard Elimination.:
STP-RXH
-State. Funded Mobility
C
Railroad grade S 'arations.
STP-RGS
PASSMASS Metro Match
G
Safety -Hazard Elimination
STP-HES
Traffic: Signals; Signing & Pavement =
Markin s
C
,Miscellaneous
C
Con estiorr Miti atton -Air Quial' .
CM
'Railroad f3eplariking
CRX
State,FundedLandscao ..
VOL .
Donbr Stato. Bonus
-
CL' M
Ari Area
DB. '
State Urban Street _ .
CUS
Areas >200,000
DBM
Areas <200,000
DBU
Others W LPAFA'exce tion :
Minimum Guarantee
MG .
Off-Systern,Bddges Program
BROX
'1STEA Funding Categorles —Not Rb-
established in TEA 21
;
-ATTACHMENT'B:
RESOLUTION NO: 05-184
BE IT RESOLVED BY THE CITY.000NCIL OF THE
CITY OF .BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Master Advance
Funding Agreement with the Texas Department of Transportation (TxDOT). The contract
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=30th day of.
August; 2005:
c !!� Mayor G.uy N. Goodson
r - �
lit Ar