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HomeMy WebLinkAboutResolution - 2004-R0552 - Advance Funding Agreement For Intelligent Transportation Systems Project - 11_04_2004Resolution No. 2004-RO552 November 4, 2004 Item No. 29 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Advance Funding Agreement for an Intelligent Transportation Systems Deployment Project, and any associated documents, by and between the City of Lubbock and Texas Department of Transportation, a copy of which Advance Funding Agreement is attached hereto, which shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 4th day of November , 2004. APPROVED AS TO CONTENT: Je l D. H , Jr., P.E., City Traffic ngineer APPROVED AS TO FORM: G. Vandiver, Attorney of DDresMThMundagreeRes October 21, 2004 County: Lubbock Resolution No. 2004—RO55: Highway: Loop 2891 US 82 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For An INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT PROJECT THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation (TxDOT) hereinafter called the "State", and the City of Lubbock (COL), acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21 st Century (TEA-21) codified under Title 23 U.S.C. Section 101 et seq., authorizes 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 108974, authorizing the State to undertake and complete a highway improvement generally described as preparation of plans, specification and estimate for integration of the traffic management centers of the Lubbock District office of the State and City of Lubbock traffic operation center, and construction of integrated network hereinafter referred to as "proiect"; and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution dated November 4, 2004 which is attached hereto and made a part hereof as Attachment "A" for construction of Intelligent Transportation System at the location shown on the Map in Attachment "B" hereinafter referred to as the Project. 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: AFA — ITS Page 1 of 10 Rev. Nov. 2004 County: Lubbock Highway: Loop 289 / US 82 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 project is described as the City of Lubbock ITS Deployment Program and consists of two different projects. Project 1 - The Preparation of the Plans, Specification and Estimate (P.S. & E.) for an Intelligent Transportation Systems (ITS) Project that will integrate the traffic management centers of the Lubbock District of the State and the city of Lubbock traffic operation center P.S. & E. will include the development of construction plans and any necessary software required to integrate communication between the Texas Department of Transportation — Lubbock District of the State, to the city of Lubbock's Traffic Management Center (TMC) where the ITS functions will be housed. This project will facilitate the establishment of the Amber Alert system for the Lubbock regional area. A consultant will be hired to write a software routine to integrate the video surveillance information into the Local Government's computerized traffic responsive traffic signal system and to integrate Amber Alert System (AAS) into the computerized signal system for traffic management. The project will include the design of software for the AMBER Alert/ Dynamic Message Sign (DMS) program, which will be integrated into the City of Lubbock's TMC and TxDOT. The surveillance information will be used to help select traffic signal timing plans in the effected corridor for incident management. In addition the consultant will design the hardware necessary to develop the communication infrastructure for the project. The funds will also be used to pay a consultant to develop a report evaluating the benefits of the project as required. Project 2 - Construction of the Integrated Network This will integrate TOOT traffic signalized intersections along S. Loop 289 corridor with the Local Government's TMC. The funds will also connect TxDOT to the Local Government's Traffic Management Center. The information will then be available to TxDOT so that they can monitor the operation of TOOT owned traffic signals and the AMBER Alert Program. The project will consist of integrating TxDOT freeway management system that will be in the U.S. 82 (Marsha Sharp Freeway) project currently under construction with the COL traffic signal system. There is to be several Amber Alert Signs along the freeway. The funds will also be used to pay a consultant to develop a report evaluating the benefits of the project as required. 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 Local Governments, 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. AFA - ITS Page 2 of 10 Rev. Nov. 2004 County: Lubbock Highway: Loop 289 / US 82 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 Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. d. The Local Government will be responsible for all non-federal or non -State participation costs associated with the Project, including any overruns in excess of the approved local project budget unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. e. Prior to the performance of any engineering review work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment C. The Local Government will pay at a minimum its funding share for the estimated cost of preliminary engineering for the project. f. At least one -hundred and twenty (120) 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. g. In the event the State determines that additional funding is required by the Local Government at any time during the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. h. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal government will be promptly paid by the owing party. i. The State will not pay interest on any funds provided by the Local Government. j. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local project, unless this Agreement is terminated at the request of the Local Government prior to completion of the project. k. 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. 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 Local Government in accordance with this Agreement. AFA - ITS Page 3 of 10 Rev. Nov. 2004 County: Lubbock Highway: Loop 289 / US 82 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 Local Government may elect not to provide the funding and the Project does not proceed because of insufficient funds; the Local Government 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 If the required right of way encroaches upon existing utilities and the proposed project requires their adjustment, removal or relocation, the Local Government will be responsible for determining the scope of utility work and notify the appropriate utility company to schedule adjustments. The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. This includes, but is not limited to: 43 TAC §15.55 relating to Construction Cost Participation; 43 TAC §21.21 relating to State Participation in Relocation, Adjustment, and/or Removal of Utilities; and, 43 TAC§ 21.31 et seq. relating to Utility Accommodation. The Local Government will be responsible for all costs associated with additional adjustment, removal, or relocation during the construction of the project, unless this work is provided by the owners of the utility facilities: a. per agreement; b. per applicable statutes or rules, or; c. as specified otherwise in this Agreement. Prior to letting a construction contract for the Project, a utility certification must be made available to the State upon request stating that all utilities needing to be adjusted for completion of the construction activity have been adjusted. 8. Environmental Assessment and Mitigation 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 Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. AFA - ITS Page 4 of 10 Rev. Nov. 2004 County: Lubbock Highway: Loop 2891 US 82 b. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation. c. The Local Government 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 Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this project. e. The Local Government 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 State 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. Implementation Responsibilities a. The State shall advertise for project bids, issue bid proposals, receives and tabulate the bids and award and administer the contract for implementation of the Project. Administration of the contract includes the responsibility for project engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for the project. b. The State will use its approved contract letting and award procedures to let and award the construction contract. c. Prior to their execution, the Local Government will be given the opportunity to review contract change orders that will result in an increase in cost to the Local Government. d. Upon completion of the Project, the party constructing the project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. AFA- ITS Page 5 of 10 Rev. Nov. 2004 County: Lubbock Highway: Loop 289 / US 82 e. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Part B. 12. Project Maintenance The Local Government shall be responsible for maintenance of equipment and software on its property after completion of the work and the State shall be responsible for maintenance of equipment and software on its property after completion of the work, unless otherwise provided for in existing maintenance agreements with the Local Government. 13. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. 14. Notices All notices to either party by the other 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: Local Government: City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Attn: Jeryl D, Hart, Jr., P.E. State: Texas Department of Transportation 135 Slaton Road Lubbock, Texas 79404-5201 Attn: William Frank Phillips, P.E. All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either 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 party. 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 and the Local Government agree that neither party is an agent, servant, or employee of the other 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. AFA — ITS Page 6 of 10 Rev. Nov. 2004 County: Lubbock Highway: Loop 289 I US 82 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 Local Government 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 Local Government. 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 or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government 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 Local Government, 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 Local Government, 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. AFA - ITS Page 7 of 10 Rev. Nov. 2004 County: Lubbock Highway: Loop 289 / US 82 24. Civil Rights Compliance The Local Government 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 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 Local Government 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. AFA - ITS Page 8 of 10 Rev. Nov. 2004 County: Lubbock Highway: Loop 289 / US 82 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 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. 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. THE LOCAL GOVERNMENT Executed on behalf of the �,City by: GAL, MAYOR ATTEST: ebecca Garza, City Secre ry APPROVED AS TO CONTENT: JK13'Haff Jr., P.E., Ci Traffic ngineer November 4, 2004 (Date) November 4, 2004 (Date) _ /cv 7 �- (D'ate) APPROVED AS TO FORM: Z-7,lt2 V , Attorn�y of Co nsel (Date) AFA - ITS Page 9 of 10 Rev. Nov. 2004 County: Lubbock Highway: Loop 289 / US 82 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. la� /vy Carlos Lopez, P.E., Date Director of Traffic Operations Division Texas Department of Transportation AFA - ITS Page 10 of 10 Rev. Nov. 2004 vUUIILy . t_uuuUL;rc CSJ: Highway: Loop 289 / US 82 ATTACHMENT A RESOLUTION Resolution No. 2004-RO552 November 4, 2004 Item No. 29 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Advance Funding Agreement for an Intelligent Transportation Systems Deployment Project, and any associated documents, by and between the City of Lubbock and Texas Department of Transportation, a copy of which Advance Funding Agreement is attached hereto, which shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 4th day of ATTEST: - -�) -0 0 A 0 C- . -- Rebec a Garza, City Secretary APPROVED AS TO CONTENT: Je I D. ,-Jr., P.E., City Traffic ngineer APPROVED AS TO FORM: G. Vandiver, Attorney of DDres1TDTadvfundagreeRes October 21, 2004 November , 2004. Page 1 of 1 Attachment A ................... County: Lubbock Highway: Loop 289 / US 82 ATTACHMENT B (Location Map) Zj Q; Revised 04.09.01 Page 1 of 1 Attachment B County: Lubbock Highway: Loop 289 / US 82 ATTACHMENT C Project Budget and Description The Local Government will participate in the cost of the procurement and installation of equipment. The State has estimated the project to be as follows. Project 1: Software and Hardware Design and Integration Description Total Estimate Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost PS&E and Software Development $ 400,000.00 0% $ 0.00 100% $400,000.00 0% $ 0.00 Fiber Optic Integration between TxDOT and the City of Lubbock $ 150,000.00 0% $ 0.00 0% $ 0.00 100% $ 150,000.00 [TOTAL $ 550,000.00 $ 0 $ 400,000.00 $ 150,000.00 Project 2A: South Loop 289 Description Total Federal State Local Estimate Cost Participation Participation Participation % Cost % Cost % Cost 2 Amber Alert Signs $ 360,000.00 100 $ 344,633.00 0% $ 15,367.00 0% $ 0.00 1) Westbound, east of University Ave. 2) Eastbound, west of University Ave. 1 Incident Managmt. Systems TOTAL $ 360,000.00 $ 344,633.00 $ 15,367.00 $ 0 Page 1 of 3 Attachment C County: Lubbock Highway: Loop 2891 US 82 ATTACHMENT C (CONT.) Project Budget and Description Project 2B: US 82 (Marsha Sharp Freeway) Description Total Federal State Local Estimate Cost Participation Participation Participation % Cost % Cost % Cost Ref. CSJ 0380-01-049 $ 180,000.00 0% $ 0.00 100% $ 180,000.00 0% $ 0.00 (3A) 1 Amber Alert Sign Westbound Loop 289 between Spur 327 & 50th St Ref. CSJ 0380-01-064 $ 180,000.00 0% $ 0.00 100% $ 180,000.00 0% $ 0.00 (Tech Project) 1 Amber Alert Sign @ Ave W Ref. CSJ 0380-01-064 $ 300,000.00 0% $ 0.00 100% $ 300,000.00 0% $ 0.00 (Tech Project) Fiber Optic Integration of Signalization, and Incident Management Systems Ref. CSJ 0380-01-062 $ 360,000.00 0% $ 0.00 0% $ 360,000.00 0% $ 0.00 (Slide. 341h Street) 2 Amber Alert Signs: 1) Westbound, east of Slide Rd 2) Eastbound, west of Slide Rd TOTAL $1,020,000.00 $ 0.00 $1,020,000.00 $ 0.00 TOTAL OF ALL PROJECTS $ 1,930,000.00 o 17.8 /o $344, 633.00 74.4% $ 1,435,367.00 7.8% $ 150,000.00 Page 2 of 3 Attachment C 7 County: Lubbock SOURCE OF FUNDS REQUESTED Highway: Loop 289 / US 82 ATTACHMENT C (CONT.) The Local Government will participate in the cost of the procurement, installation of equipment, and inspection of construction. The State has estimated the project costs to be as follows. Total Itemized Budget 1. $ 1,930,000.00 In -Kind Contributions (City of Lubbock): Cash $ 0.00 Materials and supplies $ 100,000.00 Services (Labor) $ 50,000.00 Total In -Kind Contributions 2. $ 150,000.00 Subtotal Value of Project (Line 1 - Line 2) 3. $ 1,780,000.00 State Participation: TxDOT 4. $ 1,435,367.00 Federal Funds Requested 5. $ 344,633.00 Engineering and contingencies charges will be based on actual charges. Local Government's Participation = $1.50,000.00 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 $0.00 made payable to the "Texas Department of Transportation" 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. Page 3 of 3 Attachment C