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HomeMy WebLinkAboutRES 12-252 RESOLUTION NO. 12-252 WHEREAS, on July 26, 2011, the City Council of the City of Beaumont, Texas, passed Resolution No. 11-206 authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Delaware Folsom Multi-Use Connector Project; and, WHEREAS, in early 2012, it was deemed that the original route would not work for all parties involved; and, WHEREAS, Amendment No. 1 is required to allow TxDOT to continue their review process of the project and to prepare to bid the project in 2013. Amendment No. 1 to the Advance Funding Agreement is substantially in the form attached hereto as Exhibit"A"and made a part hereof for all purposes; 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 Amendment No. 1 to the Advance Funding Agreement for the purpose of allowing the Texas Department of Transportation(TxDOT)to continue their review process of the Delaware Folsom Multi-Use Connector Project and to prepare to bid the project in 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - ayor Beck Ames - iW �/ S CSJ#0920-38-239 District#20-BMT Code Chart 64#03200 Project: Delaware Folsom Multi-use Connector Federal Highway Administration CFDA#20.205 Not Research and Development 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, called the State, and the City of Beaumont, 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 15t" day of September, 2011 to effectuate their agreement to extend a multi-use trail creating a scenic pedestrian and bicycle connection between Folsom and Delaware in northwest Beaumont; 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 The first paragraph of Article 4 is removed and replaced with: "The scope of work for the Project, which is shown in Attachment B-1, the Project Location Map, consists of: extending a multi-use trail creating a scenic pedestrian and bicycle connection between Folsom Drive(near Major Drive) and Dowlen Road in northwest Beaumont." Attachment B, Project Location Map of the original agreement is deleted in its entirety and replaced with Attachment B-1 Project Location Map,which is attached to this amendment. All other provisions of the original contract are unchanged and remain in full force and effect. AFA AFA Amend EXHIBIT"A" Revised 04 108/11 CSJ#0920-38-239 District#20-BMT Code Chart 64#03200 Project: Delaware Folsom Multi-use Connector Federal Highway Administration CFDA#20.205 Not Research and Development 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Govemment in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Janice Mullenix Director of Contract Services Texas Department of Transportation Date AFA AFA Amend Page 2 of 3 Revised 04/08/11 CSJ#0920-38-239 District#20- BMT Code Chart 64#03200 Project: Delaware Folsom Multi-use Connector Federal Highway Administration CFDA#20.205 Not Research and Development ATTACHMENT B-1 PROJECT LOCATION MAP b tl A 4 AFA-AFA Amend Page 3 of 3 Revised 04/08/11