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Home My WebLink AboutRES 07-124 RESOLUTION NO. 07-124 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 Dowlen Road Extension 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 Be ont this the 1 st day of May, 2007. , `� 1t1 U �� - Mayor Guy N. Goodson - i r CSJ#0920-38-189 District#20 Code Chart 64#03200 Project: Dowlen Rd. Extension STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a Supplemental Transportation 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 110266 that provides for the development of, and funding for, the project described 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 a new 4-lane roadway-to be designated as Dowlen Road that will run from US Highway 90 (College Street) south to Walden Road as shown in Attachment B. This roadway will have left turn lanes at the major intersections. 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. AFA—LPAFA—Off Sys Page 1 of 7 EXHIBIT "A" Revised 12/4/06 CSJ#0920-38-189 District#20 Code Chart 64#03200 Project: Dowlen Rd. Extension 7. Environmental Assessment and Mitigation will be carried out by the State, 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 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 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 provided for through amendment of this agreement. d. Prior to the performance of any engineering 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. 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, AFA—LPAFA_OffSys Page 2 of 7 Revised 12/4/06 CSJ#0920-38-189 District#20 Code Chart 64#03200 Project: Dowlen Rd. Extension 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. 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 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. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. AFA—LPAFA_OffSys Page 3 of 7 Revised 12/4/06 CSJ#0920-38-189 District#20 Code Chart 64#03200 Project: Dowlen Rd. Extension 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-OffSys Page 4 of 7 Revised 12/4/06 CSJ#0920-38-189 District#20 Code Chart 64#03200 Project: Dowlen Rd. Extension ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA AFA—LPAFA_OffSys Page 5 Of 7 Revised 12/4/06 CSJ#0920-38-189 District#20 Code Chart 64#03200 Project: Dowlen Rd. Extension ATTACHMENT B PROJECT LOCATION MAP r► Begin A Project 4-1 a a ! Elaw P* End 8 Project � p _ 7 ��a :, 2007 Ma dm"t ft.;02X7 Telex AFA—LPAFA_OffSys Page 6 of 7 Revised 12/4/06 ATTACHMENT C Project Budget Estimate and Source of Funds The Local Government will participate in the cost of the construction of a new 4-lane roadway to be designated as Dowlen Road that will run from US Highway 90 (College Street) south to Walden Road as shown in'Attachment B. Based on the Congressional High Priority funding category, the Local Government's participation is 20% of the preliminary engineering costs for these improvements. The remaining costs for this item will be funded 80% by federal funds. Federal funds will also cover 80% of the construction costs for the improvements up to a maximum Federal share of $2,764,800.00 for the entire project. All remaining costs will be paid by the Local Government. The State has estimated the project to be as follows: Total Description Estimate Cost Federal State Local Participation Partici ation Participation % Cost % Cost % Cost PRELIMINARY ENGINEERING COSTS Prelimina Engineering $970,000.00 80% $776,000.00 1 0% $0.00 1 20% $194,000.00 CONSTRUCTION COSTS Construction $9,700,000.00 $1,988,800.00 0% $0.00 $7,711,200.00 Direct State Costs(including plan review,inspection and oversight) $1,164,000.00 0% $0.00 0% $0.00 100% $1,164,000.00 Estimated at 12%of construction Indirect State Costs(no local participation required except for $0.00 0% $0.00 0% $0.00 0% $0.00 service roiects "I NOMM TOTAL $11,834,000.00 $2,764,800.00 50.00 PMp * - The breakdown for the Construction cost is as follows: $9,700,000.00 — total cost $1,988,800.00 —federal participation which will be matched by local funds $7,711,200.00 — local participation based on a local match of the federal funds (80%/20%) in the amount of $497,200 and a local contribution in the amount of $7,214,000 to fund the construction cost overrun at 100%. Direct State Costs will be based on actual charges. Local Government's Participation = $9.069.200.00 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 $194,000.00 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. AFA—LPAFA_OffSys Page 7 of 7 Revised 12/4/06