HomeMy WebLinkAboutPR13039:THOMAS BLVD HIKE & BIKEPUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO
FROM
SUB'IECT
DATE
Steve Fitzgibbons, City Manager
.lohn A. Comeaux, P.E., Director of Public Works
P.R. #13039 - Rescind Res. No. 03-136, Authorize Amendment #1 to
Advance Funding Agreement
February 16, 2005
RECOI4MENDATION:
]~ recommend that the City Council approve Proposed Resolution No. 13039, rescinding
Resolution No. 03-136 and authorizing the execution of Amendment #1 to the Advance
Funding Agreement with the State of Texas.
BACKGROUND:
An Advance Funding Agreement with the State was entered into for building a Hike & Bike
Trail in Thomas Boulevard using Statewide Transportation Enhancement Program funds.
The project was designed and bid, with the lowest bid being more than twice the available
funding. Because of this, Resolution No. 03-136 was passed, withdrawing support from
this project. This year, due to the postponing of a major project in Beaumont, Congestion
Mitigation/Air Quality (CMAQ) funding became available. TxDOT has written an
amendment to the existing Advance Funding Agreement roiling the previous Enhancement
project into the CMAQ program.
BUDGETARY/FISCAL EFFECT:
Executing Amendment #1 to the Advance Funding Agreement will allow the previously
expended design costs to count toward the CMAQ project, otherwise, the City will owe
TxDOT $13,113.01 for moneys that TxDOT will not be able to recover from Federal funds.
EMPLOYEE/STAFF EFFECT:
None
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 13039, rescinding
Resolution No. 03-136 and authorizing the execution of Amendment #1 to the Advance
Funding Agreement with the State of Texas.
.lohn A. Comeaux, P.E.
Director of Public Works
.1AC/reb
Z:\engineer\docu ments\CAMS\TxDO'l-rhomH -B,doc
P.R. 13039
02/15/05 reb
RESOLUTTON NO.
A RESOLUTI[ON SUPPORTTNG THE THOMAS BOULEVARD Hi'KE &
BIKE TRAI~L~ AUTHORIZI'NG THE CITY MANAGER TO EXECUTE AN
AMENDF4ENT TO THE EXISTING ADVANCE FUNDING AGREEMENT
BETWEEN THE CI'TY OF PORT ARTHUR AND THE STATE OF TEXAS~
DATED FEBRUARY 15, 1996, AND RESCTNDI'NG RESOLUTION NO.
03-136.
WHEREAS, pursuant to Resolution No. 95-179, the City entered into an
Advance Funding Agreement with the State of Texas (CS]: 0920-38-096) for Statewide
Transportation Enhancement Program funds for the Thomas Boulevard Hike & Bike Trail
(attached as Exhibit "A'~; and,
WHEREAS, the Hike & Bike Trail in Thomas Boulevard was designed and bid
with the lowest bid being more than twice the available funding; and,
WHEREAS, the City Council passed Resolution Number 03-136 withdrawing
support for this project due to lack of funds (attached as Exhibit "B"); and,
WHEREAS, Congestion Mitigation/Air Quality (CMAQ) funding has now become
available for this project; and,
WHEREAS, the Advance Funding Agreement needs to be amended to roll the
Enhancement Program project into the CMAQ program as recommended by the Texas
Department of Transportation; now, therefore,
BE IT RESOLVED BY THE CITY COUNCl'L OF THE Cl-DY OF PORT
ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, Resolution Number 03-136 is hereby rescinded; and,
P.R. 13039
Page 2
THAT, the City Manager is hereby authorized to execute Amendment #1 to the
Advance Funding Agreement with the State of Texas (CS]: 0920-38-096), a copy of said
amendment being attached hereto and made a part hereof as Exhibit"C"; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the
at a
day of , A.D. 2005
meeting of the City of Port Arthur, Texas by the following vote:
Ayes: __ Mayor: .
Councilmembers: ,
Noes:,
Atte~:
Mayor
City Secretary
APPROVED ASTO FORM:
City Attorney
P.R. 13039
Page 3
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons
City Manager
]olin A. Comeaux, P.E.
Director of Public Works
Z:\engJneer\Documents\Resolutions\?R13039.doc
EXHIBIT "A"
To the Resolution
STATE OF TEXAS
COUNTY OF TRAV1S
Jefferson County
City of Port Arthur
CS J: 0920-38-096
Phase I - Port Arthur Pedestrian and Bicycle Routes
AGREEIVlENT
THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department
of Transportation, hereinager called the "State" and the City of Port Arthur, Jefferson County, Texas, hereinafter called the
"City", acting by and through its City Manager by virtue of the authority shown in "Exhibit A" attached hereto and made a
part hereof.
WITNESSETH
WHEREAS, Title 23 U.S.C. Section 133 establishes surface transportation programs to be implemented by the
State's Transportation Agencies, including transportation enhancement activities; and
WHEREAS, the Texas Transportation Commission (the Commission) by Minute Order 102922, dated November
30, 1993, established the "Texas Statewide Transportation Enhancement Program" to be developed, monitored, and
approved by the Commission; arid
WHEREAS, the City has offered to participate in the development of the project, by providing funding required
by the State, as shown in attached "Exhibit B"; and
WHEREAS, on the 16th day of August, 1994, the City Council of the City of Port Arthur, Texas passed a
resolution, attached hereto and identified as "Exhibit B", authorizing the City's participation in the development of the
Project; and
WHEREAS, Title 23 U.S.C. Section [20 (b) establishes that the federal share of funding for transportation
enhancement activities shall not exceed eighty percent {80%) of the total cost of the project; and
WHEREAS, the City, as evidenced by the attached ~'Exhibit B", has assumed sponsorship of the proposed
construction on behalf of the City of Port Arthur, made application to the Commission for ISTEA Enhancement funding for
3_ 0920-38-096
surveying, engineering design work, and construction for the proposed construction project (hereinafter referred to as the
"Project"), and has agreed to provide $20,000 or' local match funding; and
WHEREAS, on the 30th day of November, 1994, the Texas Transportation Commission passed Minute Order
104682, aUached hereto and identified as "Exhibit C", authorizing the project through the State Transportation Improvement
Program and committed $80,000 of ISTEA Enhancement fun~ to the Project for surveying, en~neering design, and
construction work.
AGREEMENT
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 ms hereinafter set forth, it is agreed as follows,
1. C~
This agreement becomes effective upon final execution by the State and shall terminate upon completion of the
Project unless terminated or modified as hereinafter provided.
2. SCOPE OF PROJECT
The State and City agree that the scope of the project shall be limited to the scope authorized by the Texas
Transportation Commission. The work to be performed by the City will include all that is necessary to let the Project to
contract and complete construction of the Project.
3. ACOUISITION OF KIGHT-OF-WAY
No fight-of-way acquisition will be necessary for this project.
4. UTILITY ADJUSTMENTS/RELOCATIONS
Any utility adjustments or utility relocations will be the responsibility of the City, however no adjustments are
anticipated.
5. ENVIRONMENTAL MITIGATION
A. In the event a significant and unexpected environmental problem arises within the development of the Project,
the City will have the opportunity to analyze the situation and determine how they choose to proceed with the project. In
the event enviromnental problems arise and the City wishes to proceed with the Project, the City will be responsible for the
mitigation and remediation of any environmental problems associated with the development and construction of the Project.
2 0920-38-096
The City shall providc to the State written certi~cation fi'om the appropriate regulatory agency(s) that the environmental
problems have been remediated. The City will not let the construction until all environmental problems have been
remediated.
B. Alt costs associated with the remediation of the environmental problems shall be the responsibility of the City.
These costs will not be reimbursed or credited towards the City's financial share of the Project.
6, SERVICES
A. The City will utilize the services of a consultant for the development of the project. The City will prepare and
distribute a Request for Proposal (RFP) and select a qualified engineering consultant according to a written procurement
procedure approved by the State and fo[lowing Federal rules and guidelines as established in 23 CFR Pan 172, The
selection procedures to be utilized by the City must have the State's approval prior to the distribution of the RFP.
Development of the plans shall include enviromnental assessment and holding or' a public meeting and/or affording an
opportunity for a public hearing. The City will enter into the contract with the selected consultant and make payments to
the consultant from the project funding described below.
B, The City shall stipulate as part of their contract with the consultant that the consultant must produce a revised
schedule and budget and justification for anything that deviates from the contract before the consultant is paid.
C, The City shall make it necessary for the consultant to produce physical progress before the consultant is paid,
D. The P.S.&E. shall be developed by the City or. its consultant in accordance with the State's latest Standard.
Specifications for Construction of Highways, Streets, and Brid~es and AASHTO Guide for Develot~ment of Bicycle
.Facilities. The City shall submit the completed plans to the State for review and approval. Should the State determine that
revisions are required to the plans, the City or its consultants shall make the necessary revisions. The City shall not let the
construction contract until the P.S.&E. has been granted approval by the State.
E. The State will coordinate the preparation of the P.S.&E. and environmental and public involvement
documentation with the appropriate division(s). The State will be responsible for verifying the eligibility of specific items.
F. The City will submit to the State all documentation relating to actual costs incurred associated with the
development of the project. Reasonable costs incurred by the City after the City has obtained written authorization from the
State will be eligible for reimbursement.
7, CONSTRUCTION RESPONSIBILITIES
0920-38-096
A. The City will be responsible for the construction of the Project. Actual construction shall be performed by
contract awarded by competitive bidding. The City shall comply with the applicable regulations and requirements
established in 23 CFR Part 635, Subparts A, C, and D. The City shall develop written construction contract procedures for
the State's review and approval. The City shall not initiate the bidding process until approval of the procedures has been
obtained from the State and a ~'Letter of Authority" has been ismcd by the Federal Highway Administration.
B. In accordance with the requirements established in 23 CFR Part 633, Subpart A, the City shall include the latest
version of Form "FhqVA-1273" in the contract bidding documents. The required contract provisions contained in Form
FHWA-1273 shall apply to ail work perfmaned on the contract by the contractor's own organization and to all work
performed on the contract by piecework, station work or by subcontractor. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the requirements contained in the provisions of Form
FHWA-1273.
C. Any change orders, supplemental agreements, or additional work orders which may become necessary
subsequent to the award o[the construction contract shall be the responsibility of the City and mbject to the approval of the
State. The City shall provide or cause to be provided all inspection services and testing services as may be required to ensure
that the construction of the Project is accomplished in accordance with the approved contract documents. The State will
perform periodic reviews o~' Project construction to ensure compliance with applicable regulations.
D. If at any point in the duration of the Project, the State finds any portion of the Project unacceptable or not in
compliance with the federally approved terms of the Project, the City shall delete that item and/or will not be reimbursed
for any expenditures made for that item.
8. PROJECT FUNDING
A. The total costs for the project is estimated at $100,000.00.
B. The State will be responsible to secure the federal share of the funding required for the development of the
project, an amount not to exceed $80,000.00, or 80% of the actual Project cost, whichever is less. The City will be
responsible for any non-federal participation costs associated with the project.
C. The City will remit a check or warrant made payable to the "TEXAS DEPARTMENT OF
TRANSPORTATION" in the amount o1' $250.00 upon execution of this a~eement. This amount is based
on twenty percent (20%) of the estimated costs incurred by the State to review the engineering documentation and other
0920-38-096
incidental costs. Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the City that
tho Non-Federal funding share to be incurred by the State in performing construction related administrative tasks is required.
The City shall remit a check or warrant in the amount established by the State within thirty (30) days from receipt of the
State's written nofi fication to the address provided herein..
D. In the event the State determines that additional funding is required by the City at any time during the
development of the project, the State will notify the City in writing of the additional amount. The City will make payment
to the State within thirty (30) days from receipt of the State's notification. Upon completion of the project, the State will
perform an audit of the costs and any funds due the City will be promptly returned.
E. The City shall comply with the cost principles e~ablished in OMB Circular A-87, "Cost Principles for State and
Local Governments".
F. The City shall make payments to the consultant and the contractor and submit records of payment to the State
using the State's reimbursement procedures to obtain reimbursement of the federal funding percentage.
G. The City shall submit to the State all documentation relating to the actual costs incurred associated with the
engineering, survel, ing, development, construction, and construction management of the Project. Reasonable costs incurred
bythe City after the City has obtained written authorization from the State will be eligible for reimbursement at an amount
not to exceed the applicable federal reimbursement percentage of the actual costs. The State shall review all records and
approve items subject to reimbursement before the State will issue the reimbursement to the City.
H. The State shall submit the approved reimbursements by check or warrant made payable to the "City of Port
Arthur." The State will make payments to the City within thirty (30) days from receipt of the request, provided the request
for reimbursement is properly prepared and documented. The State will withhold five percent (5%) retainage from each
reimbursement payment made to the City.
I. The Citywill provide written notification to the State upon completion of the project. The State will perform an
audit of costs ~sociated with the Project, and funds due to the City, including funds withheld in retainage, will be promptly
returned.
J. No costs incurred by the City or tb.e State prior to the [mai execution of this agreement are reimbursable.
9. COMPLETION OF PROJECT
Upon completion of the Project, the State will issue to the City a'~Notification of Final Completion," acknowledging
5 0920-38-096
that the Project has bcen complcted and all financial commitments have been pcrformed.
10. _MAINTENANCE
Upon completion of the Project, the City will assume all responsibility for maintcnancc and operations costs of the
completed project.
11. _O~%94ERS[IIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by or for the City shall r~n'iain the
property of the City. All documents prepared by or for 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.
!.2. ~TER2MINATION
A. This agreement may be terminated by any of the following conditions:
(1) By mutual written agreement and consent of both parties.
(2) By either party, upon the failure of the other party to fulfill the obligation as set forth herein.
B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and
City under this agreement. If thc potential termination of this agreement is due to the failure of the City to fuLfill its
contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred. The
City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both
parties.
13. INDEMNIFICATION
To the extent permitted by law, thc City shall indemnify and save harmless the State, its officers, employees, agents
and contractors from all claims and liabilities due to the activities of the City, its officers, employees, agents or contractors.
Additionally, to the extent permitted by law, the City shall save harmless the State, its officers, employees, agents and
contractors from any and all expenses, including attorneys fees and court costs which may be incurred by the State in
liti~tion or othep,vise resisting said claim o f liabilities which might be imposed on the State as the result of such activities
by the City, its officers, employees, agents or contractors.
14. AMENDMENTS
Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted
by ~witten amendment executed by both the City and the State.
6 0920-38-096
15. _LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall for any reason b~ held invalid, illegal or
unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and
this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
16. REMEDIES
Violation or breach of contract terms by the City shall be grounds for termination of the agreement, and any
increased cost arising from the City's dehuh, breach of contract, or violation of terms shall be paid by the City. This
agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and
in equity may be availed by either party and shall be cumulative.
17. NOTICES
All notices to either party' by the other required under this agreement shall be deliv.ered personally or sent by
certified or US mail, postage prepaid, addressed to such party at the following respective addresses:
State: Texas Department of Tmnspor~auon
8350 US 69
P.O. BOX 3468
Beaumont. TX 77704
City:
Ci~ of Po~Arthur
Plaaning Department
P.O. Box 1089
Pon Arthur, TX 77641
All notices shall be deemed given on the date so delivered or so deposited in the mail. unless otherwise provided
herein. Either party hereto may change the above address by senaing vaitten notice of such change to the other in the manner
provided herein.
This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior
7 0920-38-096
understandings or written or oral agreements respecting the within subject matter.
19. MiNORiTY BUSINESS ENTERPRISE PROGRAM REOUIREMENTS
The City shall comply with the "Minority Business Enterprise Program Requirements" established in 49 CFR Part
23, Subpart D.
20. INSPECTION OF BOOKS AND RECORDS
The State will, for purpose of termination of the agreement prior to completion, examine the books and records of
the City for the purpose of checking the amount of the work performed by the City at the time of contract termination. The
City shall maintain al1 hooks, documents, papers, accounting records and other documentation relating to costs incurred
under this agreement and shall make such materials available to the State, Federal Highway Administration (FIB.VA) and
their duly authorized representatives for review and inspection at its office during the contract period and for a minimum of
four (4) y~ars ~-om the date of completion of work defined under this contract or until any audit, issue or impending litigation
is resolved. Additionally, the State, FHWA and their duly authorized representatives shall have access to all records of the
City which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and
transcriptions.
21. OMB AUDIT REOUIREMENTS
The City shall complywith the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single
audit report includes the coverage stipulated in paragraphs 6,8, and 9 of OMB Circular A-128.
22. pROCURENLENT AND PROPERTY MANAGEMENT STANDARDS.
The City shall adhere to the procurement standards established in Title 49 CFR Part 18.36 and the property
management standards established in Title 49 CFR Pan 18.32.
23. COMPLIANCE WITH LAWS
The City shall comply with all Federal, State, and local laws, statutes, ordinances, roles, and regulations, and the
orders and decrees of any court, adininistrative bodies, or tribunals in any matter affecting the performance of the agreement.
24. CIVIL RIGHTS COMPLIANCE
The City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination
(49 CFR 21 and 23 CFR 710.405 "B"); also Executive Order 11246 titled "Equal Employment Opportunity", as amended
by Executive Order 11375 and as supplemented in the Department of Labor regulation (41 CFR 60).
8 0920-38-096
25. _D_EBARMENT CERTIFICATIONS
The City ts prohibited fi'om making any award at any time to any pm'ty which is debarred or ~uspended or otherwise
excluded fi'om or incli~ble roi' participation m Federal assistance programs under Executive Ordm' 12549. Debarment and
Suspension. The City shall rcqmre any party to subcontract or purchase order awarded under this contract as specified in
Title 49 oFthe Code o[Fcderal Regolations. Part 29 (Debarment and Suspenston} to cea'ti fy its eligibility to receive Federal
funds and. when requested b} the State. to furnish a copy of the certification.
By:
IN TESTIMONY I IEREOF. the putties hereto have caused thcse presents to be executed in duplicate counterparts.
THE CIIY OF PORT ARTIIUR. TEXAS
LESLIE E. MCMAHEN,
Ty cd Name
A~ING CITY MANAGER
Title 1 ~/2,. ~._./~
ATTEST~
city /
TIlE STATE OF TEXAS
Executed for the Executtve Director and approved by the Texas Transportation Comm~ion under the authority of M~nute
Order No. 100002 and Aaministrative Circular 26-93. for the purpose and effect of activating and canting out the orders.
established policies or wm'k prog~'ams heretofore approved by thc Texas TranspolXation Commission.
·
By: ~ ~k..3 %,~, x ~ ,..~,..r~ r, ............:.._ r~: ......... 'r. nx::c;~at!:n Plxnn'ng :nd
.% L'['C~'~;Y,?£. Walter O. ~rook-, -~,,-,~ ..................... '" '
Davdcp:.nsnt Beaumont District Engineer
Date
9 0920-38-096
EXHIBIT "A"
To the 1995 Agreement
STATEW'IDE TRANSPORTATION ENI-IANCEb[ENT PROGRAM Second Call
ENV Control CSJ PROJECT NAbrE Federal Funds
Number Authorized
BEAUMONT DISTRICT
3M.IF.IM19 0920-38-906 Port Afl&ur Peal & Bike Rtes $80,000
BM.IF.0422 0920-38-903 Jefferson Co. Courthouse $592,504
BM.IF.0424 0920-38-905 YMCA Redevelopmeat Project $583,506
BM.TL.0423 0920-13-901 Do,rood H/'B Trail $348,000
district subtotal $1,604,010
BRYAN DISTRICT
BR.RT.0439 0917-18-971 C'uzzeri Building $253,785
BR.RT.0442 0917-18-970 Heame Station Depot $200,732
district subtotal $454,517
BROWNW¥OOD DISTRICT
EIW. CI.0656 0923-17-910 Old Corn Historical Park $48,000
CI::E[LDI/~SS DISTRICT
CLCT.0556 0032433-915 Heritage Museum Project $14,457
CI.CT.0584 0032-03-914 Cottle County Courthous.~ $55,268
CI.HX.0587 0097432-908 Qunnah, Acme & Pacific KR $177,603
district subtotal $247,328
CORPUS CBtLISTI DISTRICT
CC.BE.0600 0916-25-901 Hail-Rialto Preservatloa $65,721
CC.GD.0593 0916-26-900 Goliad Co. HFB Nature Trail $287,858
CC.KL.0599 0916-39-901 North Padre Island Scenic $3,520,000
CC.$P.0597 0916-28-902 City of Portland H/B TraLl $1,489,600
CC.SP.0601 0916-28-900 San Patriclo Co. Courthouse $200,000
district subtotal $5,565,I 79
DALLAS DISTRICT
DL.DL.0855 0918-47-993 Lancaster MKT Depot $17,902
DL.DL.0876 0918-47-962 McKiuney Ave. Trolley $4,590,000
EXIZB31T A. Page 2 November 30, 1994
EXHIBIT
To the 1995 Agreement
FOR *
ADMINISTRATIVE *
USE ONLY'
REQUESTED BY:
pURPOSE:
LOCATION:
DALE WATSON, DIR. OF pLANNING
TRANSPORTATION~ENHANCEMENT
pROGRAM APPLICATION
SOUTH OF krwY 731
t '
WHERE
application for funding under the Statewide Transportatl°n Enhance.me~
Program; and,
WHEREAS, the city of Port Arthur wishes to submit an applicatic
for a bike.path/pedestrian walkway networ!c; and,
WHEREAS, the total cost of this project~is $100,000 and the loca
share of this project is 20%; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHU5
THAT the city Manager is hereby authorized to submit
for funding undE
a copy of saJ
application to the Texas Department of Transportation
the Statewide Transportation Enhancement Program,
application being attached hereto as Exhibit "A";
THAT the city of Port Arthur commits to providing the Twen~
Thousand ($20,000) Dollars local share of this project.
READ, ADOPTED AND APPROVED this ~. day of August, A.D., 199~
at a Regular Meeting of the city C0u~1 of the City of Port Arthur
P.R. NO. 9096
AUGUST 16~ 1994
page 2
ATTEST:
APPROVED AS TO FORM:
__CX~-y~ATTQRN$~
APPROVED FOR ADMINISTRATION:
.DIRECTOR OF PLANNING
'DIRECTOr{ OF FINANCE
dale19\pr9096
EXHIBIT
I! C VV
To the 1995 Agreement
TEXAS TRANSPORTATION COM3.USSION
VARIOUS
County
ORDER
Page I of 3 Pages
Distdct VARIOUS
WHEREAS, Title 23, United State~ Code, Section 133(d)(2), and Section 160(e)(2), and
Section i015(d)(2) of the lmermodal Surface Transportation Efficiency Act of 1991 (ISTEA)
require that tea percent of certain funds appor~:ioned to a state pursuant to Title 23, United States
Code, Section 104('o)(3) be used for transportation enhancement activities; and
WHER]EAS, the Texas Transportation Commission (the cormnission) by Minute Order
104227, dated Augnst 25, 1994, established Category 4B, Texas Storewide Transportation
Enhancement Program, of the Project Devel% meat Plan to be developed, monitored, and
approved by the commission; and
WHEREAS, pursuant to Title 43, Texas Administrative Code CPAC), Section 11.203, a
90 day call for nominations of candidate projects was published in the Texas Register May 17,
1994; and
WHEREAS, nominatlorm were received by the Texas Department of Transportation (the
department) and were evaluated for eligibility and technical standards pursuant to Title 43, Texas
Administrative Code, Section I 1.200 - 11.205; and
WI-IEKEAS, pursuant to Title 43, Texas Administrative Code, Section 11.204, depm-tment
staff recommends to the commission a program of candidate projects shown in Exhibit A, each
project being recommended for selection based on:
(A)
the list of all eligible candidate projects and scores provided by the Transportation
Enhancement Project Evaluation Committee CfEPEC), together with any
comments or recommendations included in TEPEC's resolution;
other issues relevant to consideration of any candidate project for funding,
including:
(i) policy matters;
(ii) consistency of the candidate project with the statewide long-range
transportation plata;
(iii) the candidate project's benefit-cost ratio, calculated by dividing the project
score by the project's estimated cost;
(iv)
the priority ranking assigned the candidate project by the nominating
entity;
(v) evidence of public support for the candidate project;
(vi) evidence of the comn-dtment of project sponsors to provide more than the
minimum required non-federal share of allowable project costs and their
ability to do so;
TEXAS TRANSPORTATION CO~[ISSION
V_~AP. IOUS
ORDER Page 2 of. 3 Pag~
Distdct VARIOUS
(vii)
an evaluation of proposed projects indicating the extent to which each
project will meet accepted standards as established by applicable law and
by accepted professional practice; and
(viii) the views, comments, and certifications, if any, of a Metropolitan
Planning Organi?ation or a governing body of a city or count5:;
(C) the potential benefit to the state of the candidate project; and
the impact of the candidate project on the economies of each county and/or
municipalities in which the project is to be located.
NOW, THEREFORE, IT IS ORDERED that, based upon the rationale for selection of
each project as shown La Exhibit B, the Executive Director is hereby authorized to proceed in the
most feasible and economical mariner with any necessary agreements required for the development
mad comstruction of the projects shown in Exhibit A, with prog~rnmlng in Category 4B of the
1994 Project Development Plan at the estimated amounts shown on Exhibit A; and
IT IS, HOWEVER, UNDERSTOOD THAT
Ordy the items and their associated cost determined eligible for the
Tranaportatton Enhancement Pfio~am funds as identified by the
Intermodal Surface Transportation Efficiency Act of 1991 and Title 43,
Texas Administrative Code, Sections 11.200 ~ 12.205, and verified by
project development will be eligible for the Transportation Enhancement
Program.
Prior to authorizing any funds or the performance of any work for
projects selected that alt appropriate local agreements identifying ·
responsibilities and escrow amounts must be executed between the
department and the appropriate local entity.
The deparm~ent will administer the development, contracting,
construction, and management of projects approved by this action irt
accordance with applicable contracting statutes and Title 43, Texas
Administrative Code, Section I 1.205. Approved projects will be
developed to encourage public input and involvement consistent with the
department's established public involvement procedure.
All administration, development, engineering and contingencieS, design,
and construction costs incurred by the department will be charged to each
respective project.
VARIOUS
County
District VARIOUS
TEXAS TRANSPORTATION COMA~kSSION
M]2NU'rE ORDER
Page 3 of. 3 Pages
For each project shown in Extiibit A and verified as eligible by project
development that the federal funds in Exhibit A must be matched, by a
minimum of 20% by local dollars. Any expense incurred over and above
the federal funds shown in Exhibit A for administration, development,
engineering and contingencies, design, and construction must be paid by
the project sponsor.
Prior to authorizing any funds or the performance of any work for the
projects selected by the commission the project must be added, to the
Transportation Improvement Plan by the respective Metropolita~ Planning
Office and added to the State Trarmportation' Improvement Plan by the
department.
If the project sponsor or nominator withdraws support for an approved
project the federal funds committed by the commission for that project
will revert back to subsequent enhancement pro.am calls.
Acquisition by the department of any land or interest in land, or of
property or property rights of any kind or character required for
development of a project shall be subject to the authority and limitations
of Articles 6674w-3 and 4477-9a, V.T.C.S. consistent with the
department's prescribed acquisition policies and procedures.
Sub 'm'm~. by: . -.-,./. 'R~q~
Director, Environmental. Affairs Division ISeputy Executive Director for
/ ~ //~'-~ Transportation Planning and Development
__ _. ----<._
~ Executive Director ~
Minute Number
LF.U :30 .9'1
Date passed ~, c ~
EXHIBIT
II B II
To' the Resolution
P.R. NO. 12158
~/16/03 vid
RESO'U ON 0
A RESOLUTZON WI*THDRAWZNG CZTY OF PORT ARTHUR
SUPPORT FOR THE TXDOT-FUNDED HZKE AND BZKE TRAZL
PRO3ECT ON THOMAS BOULEVARD FROM HOUSTON AVENUE TO
WOODWORTH BOULEVARDt ACCOUNT NO. 303-1603-591.8g-00t
CIP
WHEREAS, the Ob/ of Port Arthur first applied to the Texas Department of
Transportation for funding of t~e Hike and Bike Trail project on Thomas Boulevard from
Houston Avenue to Woodworth Boulevard in 199q; and,
WHEREAS~ approval to advertise for bids for tt~e project was received from
TxDOT in late 2002; and,
WHEREAS, the project was bid in early 2003, with only one bid being received
and which was double the amount of funds budgeted for the project; an~,
WHEREAS~ the City Council of the Oty of Port Arthur did not desire to reduce
the scope of the trail project since that would defeat the purpose of the project; and,
WHEREAS, other options are available to the Ob/which would benefit from the
use of current Oty funds committed to the trail project, name¥ improvements to
Barbara .~acket ParldGilham Orc~e; now, therefore,
BE tT RESOLVED BY THE CTTY COUNCZL OF THE CZTY' OF PORT
ARTHUR:
THAT the City Council of the Ob/of Port Arthur hereby w~thdraws its support for
the Hike and Bike Trail project and instructs the Director of Public Works to notify the
P.E. NO. 12158
Page #2
Texas Department of Transportation of this decision; and,
THAT the City of Port Arthur will owe TxDOT approximately $13,113.01 for their
work on the Hike and Bike Trail project that they will not be able to recover from
Federal funds had the project moved forward; and,
THAT the Director of Public Works is instructed to verify the exact amount owed
to TxDOT and to settle the account; and,
THAT the remaining City funds in Account No. 303-1603-591.89-00, CTP 507 be
earmarked for the proposed improvements to Barbara 3acket ParldGilham Orcle; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOi:q'ED AND APPROVED this the ~-~ day of
A.D.
2003
~~ meeUng of the City of Port Arthur, Texas by the following vo~e:
at
a
Ayes:~~ Hayor=
Hayor
APPROVED AS TO FORM:
City Attorney
P.R. No. ~.2258
Page #3
APPROVED FOR ADPIINISTRATZON:
Cib/Manager
Leslie E. McMahen, P.E.
~~<2~Direct°r of I;~bic Wor~ .
~F.~._~higpen'h'~-' ~/'
Acting Parks Director
VED AS TO AVAILABILITY OF FUNDS:
Rebecca Underhill
Rnance Director
EXHIBIT "C"
To nhe Resolution
City of Port Arthur
CS J: 0920-38-096
Port Arthur Hike and Bike Trail
Facilities for pedestrians and bicycles
ADVANCE FUNDING AGREEMENT
AMENDMENT #1
THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the
Texas Department of Transportation, hereinafter called the State, and the City of Port Arthur,
Texas, acting by and through its duly authorized officials, hereinafter called the City.
WITNESSETH
WHEREAS, the State and the City executed a contract on February 15, 1996 to effectuate their
agreement for a transportation enhancement project which is briefly described as The Port
Arthur Hike and Bike Trail; 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 hereto, the State and the City do agree as follows:
AGREEMENT
Article '1. Description of Amended Items
Initially, the City was awarded $$0,000 in Federal funding through the Statewide Transportation
Enhancement Program to be combined with $20,000 in matching funds to be provided by the
City for the completion of this project. The City was recently awarded $224,000 worth of Federal
funds to be combined with $56,000 worth of local matching funds through the Congest[on
Mitigation/Air Quality (CMAQ) Program to construct a similar project at the same location. As a
result, Article 8 (A) should be amended to read "The total costs for the project are estimated at
$380,000.00" and Article 6 (B) should be amended to read "The State will be responsible to
secure the federal share of the funding required for the development of the project, an amount
not to exceed $304,000.00, or 80% of the actual project costs, whichever is less."
Additionally, the City was initially responsible for the construction of the Project. However, the
addition of the CMAQ funds to the project require that the State administer construction
responsibilities. As a result, Article 7 should be amended to read "The State will be responsible
for the letting and award of the construction contract, without exception. Any field changes,
supplemental agreements or revisions to the design plans which may occur after the
construction contract is awarded will be submitted to the City for review and approval prior to
the State authorizing the contractor to perform the work. Prior to completion of the Project, the
State will notify the City of the anticipated completion date. The City will be afforded the
opportunity to assist the State in the final review of the construction services performed by the
contractor" and Article 8 (C) should be amended to read "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 and any other costs
owing." Article 8(I) should be deleted from the agreement as well.
All other provisions of the original contract are unchanged and remain in full force and effect.
Page 1 of 2
Article 2. Signatory Warranty
The signatories to this amendment warrant that each has the authority to enter into this
agreement on behalf of the organization they represent.
IN WITNESS WHEREOF, THE STATE AND THE CITY have executed duplicate counterparts
to effectuate this agreement.
THE CITY
Name of City
By:
Signature
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.
Printed Name
Title
Date
By:.
Name
Title
Date
Page 2 of 2