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Home My WebLink AboutRES 14-115RESOLUTION NO.14 -115 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, on October 30, 2012, the City Council of the City of Beaumont, Texas, passed Resolution No. 12 -252 authorizing Amendment No. 1 to the Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation (TxDOT) to allow TxDOT to continue their review process of the project and to prepare to bid the project in 2013; and, WHEREAS, Amendment No. 2 is required to address changes to the existing alignment reducing the overall length from 2.1 miles to 1.6 miles. Amendment No. 2 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. 2 to the Advance Funding Agreement for the purpose of allowing the Texas Department of Transportation (TxDOT) to address changes to the existing alignment reducing the overall length from 2.1 miles to 1.6 miles. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of May, 2014. it, l.�w j - or Becky Ames - Ar c3 I STATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 0920 -38 -239 District # 20 - Beaumont Code Chart 64 # 03200 Project: Delaware Folsom Multi -Use Connector Federal Highway Administration CFDA # 20.205 Not Research and Development ADVANCE FUNDING AGREEMENT AMENDMENT #2 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 15th 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, the State and the Local Government executed Amendment No. 1 on the 5th of _- _------- Deeer-nben - 2042 -4e- amend -t#he- pr- ojeet4eeatten -map; eonEsi tng- of-ext nding- a- mint- use-trail-creating - a scenic pedestrian and bicycle connection between Folsom Drive (near Major Drive) and Dowlen Road 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 Attachment B -1, Project Location Map, is deleted in its entirety and replaced with Attachment B -2 Project Location Map, which is attached to this Amendment No. 2. The scope and limits of the project have not changed, only a slight change in the alignment of the path as shown in Attachment B -2. Articles 2.C.7, 5.13, 5.F, 5.1-1, 10.A, 18, 20.13, 21, 223 and 22.0 of the original agreement are deleted in their entirety and replaced with the following: AFA —AFA Amend EXHIBIT "A" Revised 04/08/11 CSJ # 0920 -38 -239 District # 20 - Beaumont Code Chart 64 # 03200 Project: Delaware Folsom Multi -Use Connector Federal Highway Administration CFDA # 20.205 Not Research and Development 2. Tennination of this LPAFA C. 7. The Local Government fails to attend progress meetings at least twice yearly, as scheduled by the State. 5. Right of Way and Real Property Acquisition D. The State will not reimburse the Local Government for any real property acquired before execution of this LPAFA and before federal spending authority is approved. F. The Local Government agrees to make a determination of property values for each real property parcel to be purchased with federal funds by methods acceptable to the State and to submit to the State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations shall list the parcel numbers, ownership, acreage, and recommended compensation. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by the Local Government in performing this work may be eligible for reimbursement after the Local Government has received written authorization by the State to proceed with determination of real property values. The State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market value. H. Reimbursement for real property costs will be made to the Local Government for real property purchased in an amount not to exceed eighty percent (80 %) of the cost of the real property purchased in accordance with the terms and provisions of this LPAFA. Reimbursement will be in _ - n am no - o excee eig- y perce�(BDVoo) oTthe State's pf determined- fair - market value of each parcel, or the net cost of each parcel, whichever is less. In addition, reimbursement will be made to the Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. Any costs associated with the relocation of displaced persons and personal property, as well as incidental expenses incurred in acquiring property to implement a TE project, will be the responsibility of the Local Government and current property owner at no cost to the State. 10. Project Maintenance A. Upon completion of the Project the Local Government will be responsible for maintaining the completed facility for public use. The property shall be maintained and operated for the purpose for which it was approved and funded for a period of time commensurate with the federal investment or State rules, whichever is greater. Should the Local Government at any time after Project completion decide it can no longer maintain and operate the Project for its intended purpose, the Local Government shall return the federal funds in accordance with CFR federal recapture requirements. Should the Local Government consider conveying the property, the State and FHWA must be notified prior to the sale, transfer, or disposal of any property that received federal funds. Written concurrence of approval for the transaction detailing any required recapture must be obtained from FHWA prior to the transaction. Advance notice from the Local Government of their intended action must be submitted to the State for an FHWA review a minimum of sixty (60) days prior to any action being taken by the Local Government. The Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro -rata amount, considering the original percentage of federal funds AFA— AFA_Amend Page 2 of 6 Revised 04/08/11 CSJ # 0920 -38 -239 District # 20 - Beaumont Code Chart 64 # 03200 Project: Delaware Folsom Multi -Use Connector Federal Highway Administration CFDA # 20.205 Not Research and Development provided and the time elapsed from the Project completion date. This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property, as applicable. 18. Debarment Certification 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." By executing this LPAFA, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this LPAFA shall require any party to a contract, subcontract, or purchase order awarded under this LPAFA to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 20. Disadvantaged Business Enterprise Program Requirements D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Trarrsportatian's federatty- Approved Disadvantaged _Bustrte -ss-EnterVtt&t by Entity, and attachments found at web address _hfp:/ /ftp.dot.state.tx.us /pub /txdot- info /bop /dbe /mou /mou attachments.pdf. 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http : /' /www.-qpo.gov /fdsys /pkg /FR- 2010- 09- 14/pdf/2010- 22705.pdf and http : / /www.gpo.-gov / fdsys/pkg/FR- 2010- 09- 14 /pdf /2010- 22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web - site whose address is: https: / /www.sam.gov /portal /public /SAM /; 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine - character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D &B) on -line registration website http: / /fedgov.dnb.com /webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and AFA —AFA —Amend Page 3 of 6 Revised 04 /08/11 CSJ # 0920 -38 -239 District # 20 - Beaumont Code Chart 64 # 03200 Project: Delaware Folsom Multi -Use Connector Federal Highway Administration CFDA # 20.205 Not Research and Development ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 22. Single Audit Report B. If threshold expenditures of $750,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at htta: / /www.txdot.gov/ inside -txdot /office /audit/contact.html. C. If expenditures are less than $750,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $750,000 expenditure threshold and therefore, are not required to have a single audit performed for FY " All other provisions of the original contract are unchanged and remain in full force and effect. 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA— AFA_Amend Page 4 of 6 Revised 04/08/11 CSJ # 0920 -38 -239 District # 20 - Beaumont Code Chart 64 # 03200 Project: Delaware Folsom Multi -Use Connector Federal Highway Administration CFDA # 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Interim Director of Contract Services Texas Department of Transportation Date AFA —AFA —Amend Page 5 of 6 Revised 04/08/11 CSJ # 0920 -38 -239 District # 20 - Beaumont Code Chart 64 # 03200 Project: Delaware Folsom Multi -Use Connector Federal Highway Administration CFDA # 20.205 Not Research and Development Attachment B -2 Project Location Map AFA —AFA —Amend Page 6 of 6 Revised 04/08/11