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HomeMy WebLinkAboutRES 06-348 RESOLUTION NO. 06-348 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 for a Congestion Mitigation/Air Quality Project with the Texas Department of Transportation and the South East Texas Regional Planning Commission. 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 14th day of November, 2006. .,�"Ift%N, _r�,P�NjCNT���, Mayor Guy N. Goodson - U r� i °tot c��: City of Beaumont CSJ: 0920-00-066 Traffic Signal Preemption Funding Category: CMAQ STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Congestion Mitigation/Air Quality Project THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State", the South East Texas Regional Planning Commission, acting by and through its duly authorized officials, hereinafter called the "MPO", and the City of Beaumont, Texas, acting by and through its duly authorized officials, hereinafter called the "City". WITNESSETH WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and .the Transportation Equity Act for the 21St Century (TEA-21) codified under Title 23 U.S.C. Section 101 et seq., authorize transportation 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 implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; 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 Texas Transportation Commission passed Minute Order 107737, authorizing the State to undertake and complete a highway improvement generally described as the installation of traffic signal preemption devices. WHEREAS, the Governing Body of the MPO has approved entering into this Agreement by resolution or ordinance dated and the Governing Body of the City has approved entering into this Agreement by resolution or ordinance dated , both of which are attached hereto and made a part hereof as Attachment "A" for the installation of traffic signal preemption devices at locations that may include but are not limited to those listed in Attachment "B" hereinafter referred to as the Project. Page 1 of 8 EXHIBIT "A" 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. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work The scope of work for this Agreement is described as the installation of traffic signal preemption devices at locations that may include but are not limited to those listed in Attachment "B" along with the installation of eighteen (18) emitters. 3. Local Project Sources and Uses of Funds a. The total estimated cost of the Project is shown in the Project Budget - Attachment "C" which is attached hereto and made a part hereof. The expected cash contributions from the federal or State government, the MPO, the City or other parties is shown in Attachment "C". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. Any work done prior to federal authorization will not be eligible for reimbursement. It is the MPO's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. This project cost estimate shows how necessary resources for completing the project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment 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 development and construction of the local project. If the MPO is due funds for expenses incurred, these funds will be reimbursed to the MPO on a cost basis. d. The MPO will be responsible for all non-federal and non-state participation costs, including all project cost overruns, unless provided for in this agreement or through amendment of this agreement. e. At least sixty (60) days prior to the date set for receipt of the construction bids, the MPO shall remit its remaining financial share for the State's estimated construction oversight and construction costs. f. In the event the State determines that additional funding is required by the MP0 at any time during the Project, the State will notify the MPO in writing. The MPO will make payment to the State within thirty (30) days from receipt of the State's written notification. g. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the MPO, the.State, or the Federal government will be promptly paid by the owing party. h. The State will not pay interest on any funds provided by the MPO. i. If a waiver has been granted, the State will not charge the MPO for the indirect costs the State incurs on the local project, unless this Agreement is terminated at the request of the MPO prior to completion of the project. Page 2 of 8 j. If the project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment "C" will clearly state the amount of the fixed price or the incremental payment schedule. k. If the City is an Economically Disadvantaged County and if the Texas Transportation Commission has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. I. 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. The State will not execute the contract for the construction of the project until the required funding has been made available by the MPO in accordance with this Agreement. 4. Termination of this Agreement This Agreement shall remain in effect until the project is completed and accepted 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 Agreement. Any cost incurred due to a breach of contract shall be paid by the breaching party. c. After the PS&E the MPO may elect not to provide the funding and the Project does not proceed because of insufficient funds; the MPO agrees to reimburse the State for its reasonable actual costs incurred during the project. 5. Amendments Amendments to this Agreement due to changes in the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities The MPO or its contractor shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the MPO or its contractor's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The MPO or its contractor will not be reimbursed with federal or state funds for the cost of required utility work. The MPO or its contractor must obtain advance approval for any variance from established procedures. Before a construction contract is let, the MPO shall provide, at the State's request, a certification stating that the MPO or its contractor has completed the adjustment of all utilities that must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Page 3 of 8 Development of a 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 MPO or its contractor is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. b. The MPO or its contractor is responsible for the cost of any environmental problem's mitigation and remediation. c. The MPO or its contractor is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. d. The MPO or its contractor is responsible for the preparation of the NEPA documents required for the environmental clearance of this project. e. The MPO or its contractor shall provide the State with written certification from appropriate regulatory agency(ies) that identified environmental problems have been remediated. 9. 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 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). 10. Architectural and Engineering Services The MPO or its contractor has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and special provisions related thereto. In procuring professional services, the parties to this Agreement must comply 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 environmental matters. 11. Construction Responsibilities a. The MPO or its contractor will use labor and supervisory personnel employed directly by the MPO or its contractor, and use MPO owned or its contractor owned machinery, equipment, and vehicles necessary for the work. In the event that the MPO or its contractor does not have the machinery, equipment, and vehicles necessary to perform the work, the machinery, equipment, and vehicles may be rented or leased as necessary. b. No reimbursement shall be paid for any materials supplied by the MPO or its contractor. All materials shall be new and undepreciated stock. c. If it becomes necessary to adjust, replace or reinstall the preemption system due to reconstruction of the intersection or upgrading of the signals, it shall be done by the City or its contractor at the City's expense. Page 4 of 8 12. Project Maintenance The City shall be responsible for maintenance of the devices following installation, unless otherwise provided for in existing maintenance agreements with the State. 13. Right of Way and Real Property The City is responsible for the provision and acquisition of any needed right of way or real property. 14. Notices All notices to any party by another party required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: MPO: City: State: South East Texas Regional Planning Commission City of Beaumont Texas Department of Transportation Attn:Executive Director Attn: City Manager Attn: District Engineer 2210 Eastex Freeway P.O.Box 3827 8350 Eastex Freeway Beaumont,Texas 77703 Beaumont,Texas 77704 Beaumont,Texas 77708 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Any party may change the above address by sending written notice of the change to the other parties. Any party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other parties. 15. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 16. Responsibilities of the Parties The State, MPO and the City agree that no party is an agent, servant, or employee of another party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the MPO or City 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 property of the MPO or City. 18. Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies Page 5 of 8 or tribunals in any manner affecting the performance of this Agreement. When required, the MPO or City shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. , 20. Cost Principles In order to be reimbursed with federal funds, the parties shall 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 §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this Agreement shall maintain all 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 MPO, the City, 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 claims are resolved. Additionally, the State, the MPO, the City and the FHWA and their duly authorized representatives shall have access to all the governmental 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 comply with the requirements of the Single Audit Act of 1984, P.L. 98 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. 24. Civil Rights Compliance The MPO and City 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. Disadvantaged 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 The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by Page 6 of 8 the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). 27. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated 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 of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will 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 federal contracts, grants, loans, or cooperative agreements, the signatory for the MPO or City shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 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 subrecipients shall certify and disclose accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the individual projects and affirm 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 fails 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 failure. 28. Insurance If this agreement authorizes the MPO 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. 29. Signatory Warranty The signatories 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. Page 7 of 8 THE MPO THE CITY Name Name Printed Name and Title Printed Name and Title Date 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. Janice Mullenix Director of Contract Services Section Office of General Counsel Texas Department of Transportation Date Page 8 of 8 ATTACHMENT A Resolution or Ordinance Page 1 of 1 Attachment A ATTACHMENT B Listing of Signal Locations On-System Locations Off-System Locations 1. SP 380 at US 69 1. Dowlen at Calder 47.4 at Sarah 2. SP 380 at Florida 2. Dowlen at Westgate 48.4 th at Washington 3. US 69 at SH 124 3. Dowlen at Gladys 49.Gladys at Thomas 4. SH 124 at Tyrell Park Rd. 4. Dowlen at Delaware 50.Helbig at Lucas 5. US 90'at Lindbergh 5. Dowlen at Folsom 51.Highland at Lavaca 6. FM 364 at McLean 6. Dowlen at Old Dowlen 52.Highland at Woodrow 7. FM 364 at Manion 7. Dowlen at Westridge 53.Highland at Virginia 8. IH 10 at US 90 (College St.) 8. Washington at Langham 54.Houston at Washington 9. US 90 at 11 th St. 9. Washington at Lindbergh 55.Irving at Washington 10. US 90 at Dowlen 10. Washington at 23`d 56.Magnolia at North 11. Folsom at FM 364 11. Washington at Ave. A 57.Magnolia at Wiess 12. FM 364 at Washington 12. Lucas at Crow 58.1-iberty at Magnolia 13. FM 364 at SH 105 13. Gladys at Lucas 59.North at 7th 14. Walden at FM 364 14. Gladys at Edson 60.Peyton at Phelan 15. US 90 at 8th St. 15. Phelan at Arlington 61.Phelan at 23rd 16. FM 364 at Delaware 16. Washington at 8th St. 62.Sabine Pass at Washington 17. Ave. A at US 69 17. Folsom at Crow 18. Calder at IH 10 18. Concord at Steelton 19. US 90 at Ave.0 19. Bigner, Lucas at Lufkin 20. US 90 at 4th 20. Blanchette at 11 th 21. US 90 at Langham 21. Calder at 11 th 22. US 90 at FM 364 22. Calder at Ewing 23. US 90 at SP 380 23. Calder at 4th 24. US 90 at Orleans 24. Calder at 14th 25. US 90 at Park 25. Calder at Magnolia 26. US 90 at 23rd 26. Calder at 7th 27. Delaware at US 69 27. Calder at 23rd 28. Dowlen at US 69 28. Calder at Willow 29. US 69 at Lucas 29. Champion at Walden 30. 11th at IH 10 30. Concord at Delaware 31. Gladys, IH 10 at Longfellow 31. Concord at Judy 32. Gulf, SP 380 at IH 10 32. Concord at Lucas 33. Harrison at IH 10 33. Corley at 11th 34. IH 10 at Laurel 34. Corley at 4th 35. IH 10 at North 35. Crow at Dowlen 36. IH 10 at Washington 36. Delaware at 11th 37. FM 364 at Phelan 37. Delaware at Lucas 38. SP 380 at North 38. Dowlen at Phelan 39. SP 380 at Park 39. 11 th, Fannett at Sarah 40. SP 380 at Washington 40. 11th, Laurel at Liberty 41. 11 th at North 42. 11 th at Stagg 43. 11th at Washington 44. Florida at Highland 45. Folsom at Lucas 46.4 th at Liberty Page 1 of 1 Attachment B ATTACHMENT C Project Budget Estimate and Source of Funds The MPO or its contractor will install traffic signal preemption devices at locations that may include but are not limited to those listed in Attachment B along with eighteen (18) emitters. Based on the funding Category 5, the MPO's participation is typically 20% of the cost of this particular improvement; however, since this project is also related to traffic safety, 100% of the construction costs for this improvement will be paid for with federal funds. The State has estimated the project to be as follows: Total Description Estimate Federal State Local Cost Participation Par tici ation Partici ation % Cost % Cost % Cost Installation of Signal $307,319.85 100% $307,319,85 0% $0.00 0% $0.00 Preemption Devices r low Engineering & $49,171.18 100% $49,171.18 0% Contingencies (E&C)""` $0.00 0/a $0.00 (Estimated @16% of construction TOTAL $356,491.03 $356,491.03 $0.00 $0.00 Engineering and contingencies charges will be based on actual charges. MPO's Participation (0%) It is understood that the State will include only those items for the improvements as requested and required by the MPO or its contractor. This is a construction estimate only, final participation amounts will be based on actual charges to the project. Page 1 of 1 Attachment C