The URL can be used to link to this page

Home My WebLink AboutRES 06-158 RESOLUTION NO. 06-158 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute a Local Transportation Project Local Advanced Funding Agreement with the Texas Department of Transportation to receive Advance Congestion Mitigation/Air Quality funds for the construction of the alternative fueling station for the Beaumont Municipal Transit substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23'day of May, 2006. 11iVlO �111 - Mayor Pro Tern Samuel - i - C� 111®\ '�-�l. 1•1N�� 1W oo►s CSJ#0920-38-162 District# 20 Code Chart 64#03200 Project: BMT Alt. Fuel Station STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Congestion Mitigation/Air Quality Project 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 107737 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 , 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 construction of an alternate fueling station at the offices of Beaumont Municipal Transit (BMT) as shown on Attachment "B". After construction, this station will be used to supply alternate fuel to BMT's fleet of buses. These buses will provide transportation to the public. 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. EXHIBIT "A" AFA-LPAFA_ShortGen.doc Revised 2/2/06 CSJ#0920-38-162 District#20 Code Chart 64#03200 Project: BMT Alt. Fuel Station 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 as stated in the Master Agrement without exception. 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 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 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 Local Government, 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 is 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 percentage 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 otherwise provided for in this Agreement or through amendment of this agreement. d. 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 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 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. AFA-LPAFA_ShortGen.doc Page 2 of 7 Revised 2/2/06 CSJ# 0920-38-162 District# 20 Code Chart 64#03200 Project: BMT Alt. Fuel Station 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 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. Any 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 Certificate 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. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. AFA-LPAFA_ShortGen.doc Page 3 of 7 Revised 2/2/06 CSJ#0920-38-162 District#20 Code Chart 64#03200 Project: BMT Alt. Fuel Station IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: (Signature) Title: Date: THE 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. By: Janice Mullenix Director of Contract Services Section Office of General Counsel Texas Department of Transportation Date: AFA-LPAFA_ShortGen.doc Page 4 of 7 Revised 2,2/06 CSJ#0920-38-162 District#20 Code Chart 64#03200 - Project: BMT Alt. Fuel Station ATTACHMENT A Resolution of Local Government Approving This LPAFA AFA-LPAFA_ShortGen.doc 'Page 5 of 7 Revised 2/2/06 CSJ#0920-38-162 District# 20 Code Chart 64#03200 Project: BMT Alt. Fuel Station ATTACHMENT B Project Location Map i 00C t t ry��yyg Nita Nx 4_4, � FVII 5 w ," ' Project Location VOP Nel 97 t �Q r NI,a ,h ! w,jo h Jacicn t P ttieall t ^« N 71 el P Imenew AFA-LPAFA_ShortGen.doc Page 6 of 7 Revised 2/2/06 CSJ#0920-38-162 District# 20 Code Chart 64#03200 Project: BMT Alt. Fuel Station ATTACHMENT C Project Budget Estimate and Source Of Funds The Local Government will participate in the cost of construction of an alternate fueling station at the offices of Beaumont Municipal Transit (BMT).' The Local Government's participation is 20% of the construction costs of this particular improvement and 100% of the preliminary engineering and preliminary engineering review costs. Federal funds will pay for 80% of the construction costs of the project. The Local Government's estimated participation of this additional work is $72,500.00, including construction items, and engineering and contingencies. The State has estimated the project to be as follows: Total Description Estimate Cost Federal State Local Participation Participation Participation Cost % Cost % Cost PRELIMINARY ENGINEERING COSTS Preliminary Engineering (no $20,000.00 0% $0.00 0% $0.00 100% $20,000.00 cash contribution Preliminary Engineering $2,500.00 0% $0.00 0% $0.00 100% $2,500.00 Review �t n CONSTRUCTION COSTS Construction of an alternate $215,517.24 80% $172,413.79 0% $0.00 20% $43,103.45 fueling station Direct State Costs $34,482.76 80% $27,586.21 0% $0.00 20% $6,896.55 (including plan review, inspection and oversight) (Estimated at 16% of construction Indirect State Costs (no $0.00 0% $0.00 0% $0.00 0% local participation required $0.00 except for service pr o'ects ,. ,.5o,a 2orxaa Via ° ' ��a v x r r TOTAL $272,500.00 1 $200,000.00 $0.00 $72,500.00 Direct State Costs will be based on actual charges. Local Government's Participation = $72,500.00 This is an estimate only, final participation amounts will be based on actual charges to the project. AFA-LPAFA_shortGen.doc Page 7 of 7 Revised 2/2/06 Texas Department of Transportation 8350 EASTEX FREEWAY• BEAUMONT,TX 77708•(409) 892-7311 June 14, 2006 rrm Mr. Kyle Hayes O�� City Manager City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 RE: Local Project Advance Funding Agreement BMT Alternate Fuel Station CSJ: 0920-38-162 Dear Kyle: Enclosed is an executed original counterpart of the Local Project Advance Funding Agreement between the State and the City of Beaumont for the above- referenced project. Please retain this original for your records. If you have any questions, please feel free to call Anthony Cochran of my office at 409-896-0270. Sincerely, 4 John Barton, P.E. District Engineer Enclosure cc: Anthony Cochran (letter only) An Equal Opportunity Employer CSJ#0920-38-162 District# 20 Code Chart 64#03200 Project: BMT Alt. Fuel Station STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Congestion Mitigation/Air Quality Project 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 107737 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 r � 2 , 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 construction of an alternate fueling station at the offices of Beaumont Municipal Transit (BMT) as shown on Attachment "B". After construction, this station will be used to supply alternate fuel to BMT's fleet of buses. These buses will provide transportation to the public. 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. AFA-LPAFA_ShortGen.doc Page 1 of 7 Revised 2/2/06 CSJ#0920-33-162 District # 20 Code Chart 64#03200 Project: BMT Alt. Fuel Station 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 as stated in the Master Agrement without exception. 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 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 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 Local Government, 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 is 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 percentage 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 otherwise provided for in this Agreement or through amendment of this agreement. d. 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 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 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. AFA-LPAFA_ShortGen.doc Page 2 of 7 Revised 2/2/06 CSJ#0920-38-162 District# 20 Code Chart 64#03200 Project: BMT Alt. Fuel Station 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 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. Any 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 Certificate 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. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. AFA-LPAFA_shortGen.doc Page 3 of 7 Revised 2/2/06 CSJ#0920-38-162 District# 20 Code Chart 64# 03200 Project: BMT Alt. Fuel Station IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT / B Y• (Signature) Kyle Hayes Title: City Manager Date: May 24, 2006 THE 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 a roved and authorized by the Texas Transportation Commission. By: anice Mull Director of Contract Services Section Office of General Counsel exas Department of Transportation Date: AFA-LPAFA_ShortGen.doe Page 4 of 7 Revised 2/2/06 r ATTACHMENT A RESOLUTION NO. 06-158 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute a Local Transportation Project Local Advanced Funding Agreement with the Texas Department of Transportation to receive Advance Congestion Mitigation/Air Quality funds for the construction of the alternative fueling station for the Beaumont Municipal Transit substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of May, 2006. �r MC� %%h e Mayor Pro Tern Samuel - i AW CSJ#0920-38-162 • District#20 Code Chart 64#03200 Project: BMT Alt. Fuel Station ATTACHMENT B Project Location Map cl+�l p 3000 700ft art. � I ? � ,.; 77, .* ... � ., `TV da � � Project .. Location TONL iTr1` lY f;^' 11k wMi x �aCIf30lX vat a tlgF - pia i � VIE, ` k., 9 Y � L � E•'—r.• �t `eY .F.a�K+eeH � R3v 2(H��fl'f1'�i�5��l�fC.'•Rr'2 �T� tJ�� .s,.: � .,.�w.�fC�lllfii�'�'�' � �� t1'i$f1 fit.,. �., AFA-LPAFA_ShortGen.doc Page 6 of 7 Revised 2/2/06 CSJ#0920-38-162 District#20 Code Chart 64#03200 Project: BMT Alt. Fuel Station ATTACHMENT C Project Budget Estimate and Source Of Funds The Local Government will participate in the cost of construction of an alternate fueling station at the offices of Beaumont Municipal Transit (BMT). The Local Government's participation is 20% of the construction costs of this particular improvement and 100% of the preliminary engineering and preliminary engineering review costs. Federal funds will pay for 80% of the construction costs of the project. The Local Government's estimated participation of this additional work is $72,500.00, including construction items, and engineering and contingencies. The State has estimated the project to be as follows: Total Description Estimate Cost Federal State Local Participation Part"ci ation Partici ation Cost % Cost % Cost PRELIMINARY ENGINEERING COSTS Preliminary Engineering (no $20,000.00 0% $0.00 0% $0.00 100% $20,000.00 cash contribution Preliminary Engineering $2,500.00 0% $0.00 0% ° $0.00 100% $2,500.00 Review CONSTRUCTION COSTS Construction of an alternate $215,517.24 80% $172,413.79 0% $0.00 20% $43,103.45 fueling station Direct State Costs $34,482.76 80% $27,586.21 0% ° (including plan review, $0.00 20/° $6,896.55 inspection and oversight) (Estimated at 16%of construction Indirect State Costs (no $0.00 0% $000 0% ° local participation required . $0.00 0/° $0.00 except for service proiects Stt y e n f "€ TOTAL $272,500.00� $200,000.00 $0.00 $72,500.00 Direct State Costs will be based on actual charges. Local Government's Participation $72,500.00 This is an estimate only, final participation amounts will be based on actual charges to the project. AFA-LPAFA_ShortGen.doc Page 7 of 7 Revised 2/2/06