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HomeMy WebLinkAboutRES 99-385 RESOLUTION NO. 7� ✓��� BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an agreement with the Texas Department of Transportation (TxDOT) for construction of frontage roads on IH-10 from Walden Road to FM 364 (Major Drive). The agreement is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1999. - Mayor - Jefferson County CSJ 0739-02-123 IH 10 from FM 364 to Walden Rd Frontage roads and ramps STATE OF TEXAS COUNTY OF TRAVIS ADVANCE FUNDING AGREEMENT FOR STANDARD HIGHWAY IMPROVEMENT PROJECTS (ON-SYSTEM) THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and Jefferson County, acting by and through its duly authorized officials, hereinafter called the "County", and the City of Beaumont, Texas, acting by and through its duly authorized officials, hereinafter called the "City" . W I T N E S S E T H WHEREAS, Transportation Code section 201 and Transportation Code section 221 authorize the State to lay out, construct, maintain, and operate a system of streets, roads and highways that comprise the State Highway System; and WHEREAS, the State has set up the District Discretionary Program to address miscellaneous projects selected at the district's discretion, with the projects as part of the program to be developed by the department on an as- needed basis; and, WHEREAS, the State, the County and the City desire the reconstruction of the frontage road on the south side of IH 10 from FM 364 to Brooks Road, the addition of a frontage road on the south side of IH 10 from Brooks Road to Sheet 1 of 7 EXHIBIT "A" Walden Road, the addition of a frontage road on the north side of IH 10 from FM 364 to Walden Road, the construction of a turn-around lane at Walden Road, and the addition/reconfiguration of exit and entrance ramps from IH 10 at various locations between FM 364 and Walden Road, in Beaumont to be hereinafter identified as the "Project"; and WHEREAS, the County and the City have requested that the State allow the County and the City to participate by funding the costs of the Project as specified in Attachment A to this contract; and WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; A G R E E M E N T 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, the State, the County and the City do agree as follows: 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall end upon completion and the State's acceptance of the Project unless terminated or modified as hereinafter provided. 2. PROJECT FUNDING The State will authorize the performance of only those Project items of work which the State, the County and the City have requested and have agreed to pay for as described in Payment Provision and Work Responsibilities, Attachment A, which is attached to and made a part of this contract. Sheet 2 of 7 3 . TERMINATION This agreement may be terminated by any of the following conditions: 1) by mutual written agreement and consent of all parties, 2) by one party upon the failure of any other party to fulfill the obligations set forth herein, 3) by the State if it determines that the performance of the Project is not in the best interest of the State, or 4) by the State if the Federal Highway Administration does not approve the addition of the ramps and frontage roads. If the contract is terminated in accordance with any of the above provisions, the County will be responsible for the payment of costs incurred by the State on behalf of the County up to the time of termination. If the contract is terminated in accordance with any of the above provisions, the City will be responsible for the payment of costs incurred by the State on behalf of the City up to the time of termination. 4. ACQUISITION OF RIGHT-OF-WAY The State shall perform all necessary requirements to provide title in name of the State to the desired right-of-way required for the construction of the Project. The State shall provide all right-of-way free and clear of all improvements and/or encroachments. The State will be responsible for any additional right-of-way required for the completion of the Project. Driveway access rights will be determined in accordance with State policy and State and Federal law. 5. RIGHT-OF-WAY DESCRIPTION The State shall prepare right-of-way maps, property descriptions and other data as needed to properly describe the right-of-way which the State is to Sheet 3 of 7 acquire and provide for the Project. 6. UTILITY ADJUSTMENTS/RELOCATIONS If the right of way encroaches upon existing utilities and the proposed roadway construction requires the adjustment, removal or relocation of such utility facilities, the State will establish the necessity for such work in accordance with the Texas Department of Transportation Utility Accommodation Policy and other applicable State law regulations, policies and procedures. The County shall be responsible for all adjustments, relocations, and removals. Notification shall be made to the appropriate TxDOT Beaumont Office of all utility adjustments, the schedule, and status of work. The County will be responsible for all costs associated with planning and coordinating of utility adjustments and for 100% of all reimbursements made to utility companies for adjustments, relocating and removal costs. The term "utility" under this agreement, shall include publicly, privately and cooperatively owned utilities. 7. CONLEMNATION Condemnation proceedings will be initiated at a time selected by the State and will be the State's responsibility as hereinafter indicated. The State will concurrently file condemnation proceedings and a notice of lis pendens for each case in the name of the State, and in each case so filed the judgment of the court will decree title to the property condemned to the State. 8. RIGHT OF ACCESS If the County or the City is the owner of any part of the Project site, the County or the City shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Sheet 4 of 7 9. RESPONSIBILITIES OF THE PARTIES The County and the City acknowledge that they are responsible for their own acts and deeds and for those of their agents or employees during the performance of the work on the Project. 10. SOLE AGREEMENT In the event, the terms of the agreement are in conflict with the provisions of any other existing agreements between the parties of this contract, the latest agreement shall take precedence over the other agreements in matters relating to the Project. 11. SUCCESSORS AND ASSIGNS The State, the County and the City each binds itself, its successors, executors, assigns, and administrators to the other parties to this agreement and to the successors, assigns, and administrators of such other parties in respect to all covenants of this agreement. 12. AMENDMENTS By mutual written consent of the parties, this contract may be amended prior to the expiration of the contract. 13. INTEREST The State will not pay interest on funds provided by the County or the City. Funds provided by the County and the City will be deposited into, and retained in, the State Treasury. 14. INSPECTION AND CONDUCT OF WORK Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished Sheet 5 of 7 in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the 1993 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, and/or special specifications approved by the State. 15. MAINTENANCE Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 16. SIGNATORY WARRANTY The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the entity they represent. Sheet 6 of 7 IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITIES have executed triplicate counterparts to effectuate this agreement. THE CITY OF BEAUMONT By: Date Typed or Printed Name and Title: JEFFERSON COUNTY By: Date Typed or Printed Name and Title: THE STATE OF TEXAS Certified as being executed 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. By: Date Lawrence J. Zatopek Director, General Services Division For the purpose of this agreement, the addresses of record for each party shall be: State: City: Mr. Duane Browning, P.E. Mr. Stephen J. Bonczek Area Engineer City Manager Texas Department of Transportation City of Beaumont 8350 Eastex Freeway P.O. Box 3827 Beaumont, Texas 77708 Beaumont, Texas 77704 County: The Honorable Carl Griffith, Jr. County Judge Jefferson County Courthouse 1149 Pearl Beaumont, Texas 77701 Sheet 7 of 7 Jefferson County CSJ 0739-02-123 IH 10 from FM 364 to Walden Rd Frontage roads and ramps ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITITES 1. DESCRIPTION OF THE COST OF THE ITEMS OF WORK The County will be responsible for all costs for preliminary engineering, feasibility studies and all other necessary studies required to prepare the Plans, Specifications and Estimates (P.S.&E.) and construction letting supporting documents. The County will be responsible for the cost of any environmental mitigation. The County will be responsible for all costs for the preparation of the P.S.&E. The P.S.&E. shall be prepared in accordance with the State's policies and procedures. The P.S.&E. shall be prepared in a manner that is suitable for letting by the State. The County shall schedule and coordinate periodic reviews for the State. The State shall provide timely reviews to satisfactorily and expeditiously develop the P.S.&E. The State shall be responsible :or the costs of obtaining the environmental clearance, for performing any geotechnical work and for the review of design documentation, for review and approval of utility adjustments being handled by the County, the project lettings, and the construction contract oversight, inspection and execution. The County shall be responsible for actual eligible costs associated with the adjustment, removal or relocation of utility facilities. The cost of the construction will be the shared responsibility of the State, the County and the City. The State shall be responsible for all costs associated with the acquisition of right-of-way or condemnations. The total cost of the construction for the Project is estimated at $11,400,000.00. The State's share of the funding required for the construction Sheet 1 of 3 of the Project will be an amount not to exceed $3,800,000.00 or one third (33 1/3%) of the total construction cost of the Project, whichever cost is less. It is agreed that the County and the City will each be responsible for one third (33 1/3%) of the actual cost of construction up to a total construction cost of $11,400,000.00. The County and the City will each be responsible for one half (50%) of that portion the costs which exceeds $11,400, 000.00. In the event the Texas Transportation Commission agrees to provide additional partial funding for this project out of Category 12, Strategic Priority funds, the balance of the project construction costs will be shared equally or one third (33%) by each party to this agreement. 2, CONSTRUCTION RESPONSIBILITIES A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures and applicable laws. Preparation of any field changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the State. P. The State will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved P.S.& E. 3 . SCHEDULE OF PAYMENTS Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the County and the City that their financial shares for the construction are required. The County and the City shall each remit a check or warrant in the amount established by the State within thirty (30) days from receipt of the State's written notification to the address provided herein. Sheet 2 of 3 4. ACTUAL COST AGREEMENT A. In the event the State determines that additional funding is required by the County under the terms of this agreement at any time during the development of the Project, the State will notify the County in writing of the additional amount, the reason such amount is needed and how the additional amount was determined. The County will make payment to the State within thirty (30) days from receipt of the State's notification. Upon completion of the Project, the State will perform an audit of the cost and any funds due the County will be promptly returned. B. In the event the State determines that additional funding is required by the City under the terms of this agreement at any time during the development of the Project, the State will notify the City in writing of the additional amount, the reason such amount is needed and how the additional amount was determined. The City will make payment to the State within thirty (30) days from receipt of the State's notification. Upon completion of the Project, the State will perform an audit of the cost and any funds due the City will be promptly returned. Sheet 3 of 3