Loading...
HomeMy WebLinkAboutRES 16-138RESOLUTION NO. 16-138 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an Agreement with the State of Texas, through the Texas Department of Transportation, for the contribution of right-of- way funds for the reconstruction of the 1-10/FM 364 (Major Drive) intersection. 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 Beaumont this the 2nd day of August, 2016. - Mayor Beck Ames - County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ #0786-01-083 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS (FIXED PRICE) THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, (the "State"), and City of Beaumont, Texas, acting through its duly authorized officials (the "Local Government"). WITNESSETH WHEREAS, Texas Transportation Code §§ 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, Texas Transportation Code, §§ 201.209 authorizes the ' State and a Local Government to enter into agreements in accordance with Texas Government Code, Chapter 791; and WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No. 364 from 900 Ft. S of IH -10 to SH 124, and this section of highway improvements will necessitate the acquisition of certain right of way and the relocating and adjusting of utilities (the "Project"); and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for this highway project; and WHEREAS, the Local Government desires to enter into a fixed price joint participation agreement pursuant to 43 TAC §15.52 to contribute to the State funding participation as defined in 43 TAC §15.55 for the cost of acquiring the right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated , 2016, which is attached to and made a part of this agreement as Attachment A. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW THEREFORE, the State and the Local Government do agree as follows: Agreement to Contribute - Fixed Price Page 1 of 10 Revised 04/13/2016 EXHIBIT "A" County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ #0786-01-083 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development AGREEMENT 1. Agreement Period 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. Termination 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; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or C. The Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in Attachment C, Project Budget Estimate and Payment Schedule, which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Government, or other parties is shown in Attachment C. The Local Government shall pay to the State the amount shown in Attachment C as its required contribution of the total cost of the Project and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check for the amount and according to the payment schedule shown in Attachment C. B. The Local Government's fixed price contribution set forth in Attachment C is not subject to adjustment unless: 1. site conditions change; 2. work requested by the Local Government is ineligible for federal participation; or 3. the adjustment is mutually agreed on by the State and the Local Government. C. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Agreement to Contribute - Fixed Price Page 2 of 10 Revised 04/13/2016 County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ #0786-01-083 Federal Project #:N/A CFDA Title: Highway Planninq & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the 'Texas Department of Transportation Trust Fund." The warrant or check 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 to this highway project. E. Notwithstanding that this is a fixed price agreement, the Local Government agrees that in the event any existing, future, or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re -plats, results in any increased costs to the State, then the Local Government will pay one hundred percent (1OO%) of all those increased costs, even if the applicable county qualifies as an Economically Disadvantaged County (EDC). The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive will be determined by the State at its sole discretion. F, If the Local Government is an EDC and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. G. If the Project has been approved for an "incremental payment" non-standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the incremental payment schedule. 4. Real Property in Lieu of Monetary Payment A. Contributions of real property may be credited to the Local Government's funding obligation for the cost of right of way to be acquired for this project. Credit for all real property, other than property which is already dedicated or in use as a public road, contributed by the Local Government to the State shall be based on the property's fair market value established as of the effective date of this agreement. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The amount of any credit for real property contributed for this project is clearly shown in Attachment C. B. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. This documentation shall include an appraisal of the property by a licensed appraiser approved by the State. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; provided however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. Agreement to Contribute - Fixed Price Page 3 of 10 Revised 04/13/2016 County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ #0786-01-083 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development C. Credit shall be given only for property transferred at no cost to the State after the effective date of this agreement and the issuance of spending authority, and only for property which is necessary to complete this project, has title acceptable to the State, and is not contaminated with hazardous materials. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. D. In the event the Local Government's monetary contributions to the State for acquisition of right of way, when added to its real property credits, exceed the Local Government's matching share of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written supplemental agreement. 6. 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, to the following addresses: Local Government: Kyle Hayes City of Beaumont 801 Main, Suite 300 Beaumont, Texas 77704 State: Director of Right of Way Division Texas Department of Transportation 125 E. 11 t" Street Austin, Texas 78701 All notices shall be deemed given on the date delivered or deposited in the mail, unless otherwise provided by this agreement. 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 notices shall be delivered personally or by certified U.S. mail and that request shall be honored and carried out by the other party. Agreement to Contribute - Fixed Price Page 4 of 10 Revised 04/13/2016 County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ #0786-01-083 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development 7. 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. 8. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that 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. 9. 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. 10. 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 fumish the State with satisfactory proof of this compliance. 11. 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 subject matter of this agreement. 12. 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. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 13. Inspection of Books and Records The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Agreement to Contribute - Fixed Price Page 5 of 10 Revised 04/13/2016 County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ #0786-01-083 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development Administration (FHWA) 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 agreement or until any impending litigation, or claims are resolved. Additionally, the State and 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. 14. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement 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. 15. 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. 16. Civil Rights Compliance The parties to this agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Part 21 and 23 CFR Part 200), 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). 17. Applicability of Federal Provisions Articles 18 through 23 only apply if Federal funding is used in the acquisition of right of way or the adjustment of utilities. 18. Office of Management and Budget (OMB) 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. 19. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. Agreement to Contribute - Fixed Price Page 6 of 10 Revised 04/13/2016 County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ #0786-01-083 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. 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 Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http://txdot.gov/business/business outreach/mou.htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Govemment shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 20. 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 agreement, the Local Government certifies that it is 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 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 contract shall require any party to a subcontract or purchase order awarded under this Agreement to Contribute - Fixed Price Page 7 of 10 Revised 04/13/2016 County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ #0786-01-083 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 21. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory's 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 shall be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and all sub -recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 USC §1352. 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 failure. 22. 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.gpo.gov/fdsys/pkq/FR-2010-09-14/i)df/2010-22705.pdf and http://www.gpo. oq v/fdsys/pk-q/FR-2010-09-14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website 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 Federal government to track the Agreement to Contribute - Fixed Price Page 8 of 10 Revised 04/13/2016 County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ 40786-01-083 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development distribution of federal money. The DUNS 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 ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 23. Single Audit Report A. 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. 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 E. 11 th Street, Austin, TX 78701 or contact TxDOT's Audit Office at hftp://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 " D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Agreement to Contribute - Fixed Price Page 9 of 10 Revised 04/13/2016 County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ #0786-01-083 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature _Kyle Haves Typed or Printed Name City Manager Title Date THE STATE OF TEXAS Gus E. Cannon, CTCM Director, Right of Way Division Texas Department of Transportation Date Agreement to Contribute - Fixed Price Page 10 of 10 Revised 04/13/2016 County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ #0786-01-083 Federal Project #:N1A CFDA Title: HighwaV Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE Agreement to Contribute ROW Funds Page 1 of 1 Attachment A County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ #0786-01-083 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development ATTACHMENT B LOCATION MAP SHOWING PROJECT TOTAL PROJECT LDAITS: 900 FT S OF IH -10 TO SH 124, ETC TOTAL PROJECT LENGTH: 1,535.48 FT - 0.291 M1 slAuMohT BEIN 9H1t24 —� OJ 0368-0310,13 5H 124 STA 13,57.00 ENO FM 3fi4 �' X -„3,493,993.12b5` - CSJ 0786-01-083 Y -1S” 45,825.5533 E FM 364 STA 26+88. B4 1.�C X- 3, 491, 783.4628 1 r Y-13.945, 627.4870 BEGIN FM 364 END SH 12 CSJ 0186-01-083 CSJ 0368 3-033 4- FU 364 STA 10+31.08 �.E SH 1 STA 54*15.40 X= 3.492,685.1943 k-,,3, 1 , 439. 7857` Y-1 3.944, 255.0861 Y-1 42.671.6124 Agreement to Contribute ROW Funds Page 1 of 1 Attachment B Description County Jefferson tate Participation District Beaumont ROW CSJ # 0786-01-084 CCSJ # 0786-01-083 Federal Project # N/A /o Before CFDA Title: Highway Planning & Cost After Construction /o After FHWA CFDA # 20.205 Federal Highway Administration EDC Adj. Not Research and Development Standard Agreement to Contribute EDC Adj. State Performs Work EDC Adj. EDC Adjustment Attachment C Description otal tate Participation Local Participation Estimated /o Before % After Cost After /o Before /o After Cost After ost EDC Adj. EDC Adj. EDC Adj. EDC Adj. EDC EDC Adj. Adj. Right of Way 0 % 0% 0 % 0% 0 c uisition Reimbursable 178,158.81 0% 94.4% $168,181.92 10% 5.6% $9,976.89 Utility d'ustments oint Bid Reimbursable 0 % 0% 0 % 0% 0 Utility d'ustments 0 % 0% 0 % % 0 0 % iia 0 % 0% 0 OTAL 178,158.81 0% 94.4% $168,181.92 10% 5.6% $9,976.89 Except as otherwise provided in the Agreement, the fixed amount of Local Government participation will be that amount provided above. Local Government requested and has been granted an Economically Disadvantaged County Adjustment from the Texas Transportation Commission on September 24, 2015 by virtue of attached Minute Order No. 114381, and approved a 44 percent adjustment to the required 10 percent local participation for this project. Also attached are completed Affidavit and EDC Program Information Sheet. Rev. 09/30/2014 EJFILE COPY Texas t7epartment of Trdnspor•tation MEMO August 11, 2016 To: Greg Polasek Right of Way Supervisor, ROW-PD Through: Christina Roque Transportation Funding Specialist, Right of Way Division From: Gus E. Cannon, CTCM Director, Right of Way Division Subject Transmittal of Agreement to Contribute Right of Way Funds (FIXED) Jefferson County (124) ROW CSJ 0786-01-084 FM 364: From 900 Ft. S of iH-10 to SH 124 As requested, attached is the executed contractual agreement which was received by the ROW Division August 9, 2016. This agreement between City of Beaumont and the State of Texas obligates the City to contribute $9,976.89, reflecting 5.6% of the estimated cost for adjustment of utilities totaling to $178,158.81 for the project. The State is obligated to adjust all eligible utilities. Jefferson County is an economically disadvantaged county. The County was granted an Economically Disadvantaged County Adjustment by virtue of Minute Order 114381, passed September 24, 2015. Since this project is located within the City of Beaumont jurisdiction, the City has been granted an adjustment of the local match to 5.6% instead of the standard 10% requirement. Should you have any questions, please contact Debbie Menefee at (512) 416-2943. Attachments CC: Kathy Potts Right of Way Agent, ROW-PD Attachments — One (1) Original Executed Agreement OUR VALUES People • Accountability • Trust • Honesty OUR MISS ON Through collaboration and leadership. we deliver a safe. reliable, and integrated transportation system that enables the movement of people and goods. Ai E , V PP ,rlc ,dy E op y..t County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ #>!0786-01-083 Federal Project #:NIA CFDA Title: Highway Planning & Construction CFDA # 0.205 Federal Highway Administration Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS (FIXED PRICE) THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, (the "State"), and City of Beaumont, Texas, acting through its duly authorized officials (the "Local Government"). WITNESSETH WHEREAS, Texas Transportation Code §§ 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, Texas Transportation Code, §§ 201.209 authorizes the State and a Local Government to enter into agreements in accordance with Texas Government Code, Chapter 791; and WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No. 364 from 900 Ft. S of IH-10 to SH 124, and this section of highway improvements will necessitate the acquisition of certain right of way and the relocating and adjusting of utilities (the "Project"); and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for this highway project; and WHEREAS, the Local Govemment desires to enter into a fixed price joint participation agreement pursuant to 43 TAC §15.52 to contribute to the State funding participation as defined in 43 TAC §15.55 for the cost of acquiring the right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated , 2016, which is attached to and made a part of this agreement as Attachment A. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW THEREFORE, the State and the Local Government do agree as follows: Agreement to Contribute -Fixed Price Page 1 of 10 Revised 04/13/2016 County efferson District Beaumont ROW CSJ #0786.01-084 CCSJ #0786-01-083 Federal Project #:N/A CFDA Title: Hiohwav Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development AGREEMENT 1. Agreement Period 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. Termination 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; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or C. The Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in Attachment C, Project Budget Estimate and Payment Schedule, which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Government, or other parties is shown in Attachment C. The Local Government shall pay to the State the amount shown in Attachment C as its required contribution of the total cost of the Project and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check for the amount and according to the payment schedule shown in Attachment C. B. The Local Government's fixed price contribution set forth in Attachment C is not subject to adjustment unless: 1. site conditions change; 2. work requested by the Local Government is ineligible for federal participation; or 3. the adjustment is mutually agreed on by the State and the Local Government. C. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Agreement to Contribute - Fixed Price Page 2 of 10 Revised 04/13/2016 County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ #0786-01-083 Federal Project #:N/A CFDA Title: Highway Planning 8 Construction CFDA # 20.205 Federal Highway Administration Not Research and Development Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the 'Texas Department of Transportation Trust Fund." The warrant or check 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 to this highway project. E. Notwithstanding that this is a fixed price agreement, the Local Government agrees that in the event any existing, future, or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re -plats, results in any increased costs to the State, then the Local Government will pay one hundred percent (100%) of all those increased costs, even if the applicable county qualifies as an Economically Disadvantaged County (EDC). The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive will be determined by the State at its sole discretion. F, if the Local Government is an EDC and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. G. If the Project has been approved for an "incremental payment" non-standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the incremental payment schedule. 4. Real Property in Lieu of Monetary Payment A. Contributions of real property may be credited to the Local Government's funding obligation for the cost of right of way to be acquired for this project. Credit for all real property, other than property which is already dedicated or in use as a public road, contributed by the Local Government to the State shall be based on the property's fair market value established as of the effective date of this agreement. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The amount of any credit for real property contributed for this project is clearly shown in Attachment C. B. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. This documentation shall include an appraisal of the property by a licensed appraiser approved by the State. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; provided however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. Agreement to Contribute - Fixed Price Page 3 of 10 Revised 04/13/2016 County Jefferson District Beaumont ROW CSJ #0786-01-064 CCSJ #0786-01.083 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development C. Credit shall be given only for property transferred at no cost to the State after the effective date of this agreement and the issuance of spending authority, and only for property which is necessary to complete this project, has title acceptable to the State, and is not contaminated with hazardous materials. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Govemment's matching share of the right of way obligation under this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. D. In the event the Local Govemment's monetary contributions to the State for acquisition of right of way, when added to its real property credits, exceed the Local Govemment's matching share of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written supplemental agreement. 6. 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, to the following addresses: Local Government: Kyle Hayes City of Beaumont 801 Main, Suite 300 Beaumont, Texas 77704 State: Director of Right of Way Division Texas Department of Transportation 125 E. 111h Street Austin, Texas 78701 All notices shall be deemed given on the date delivered or deposited in the mail, unless otherwise provided by this agreement. 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 notices shall be delivered personally or by certified U.S. mail and that request shall be honored and carried out by the other party. Agreement to Contribute - Fixed Price Page 4 of 10 Revised 04/13/2016 County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ #0786-01-003 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development 7. 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. S. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that 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. 9. Responsibilities of the Parties The State and the Local Govemment 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. 10. 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 Govemment shall furnish the State with satisfactory proof of this compliance. 11. 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 subject matter of this agreement. 12. 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 Govemment shall be transmitted to the State in the farm of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Govemment. At the request of the State, the Local Govemment shall submit any information required by the State in the format directed by the State. 13. Inspection of Books and Records The Local Govemment shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Agreement to Contribute - Fixed Price Page 5 of 10 Revised 04/13/2016 County Jefferson District Beaumont ROW CSJ #0786.01.084 CCSJ #0786-01-083 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Adminislration Not Research and Development Administration (FHWA) 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 agreement or until any impending litigation, or claims are resolved. Additionally, the State and 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. 14. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement 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. 15. 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. 16. Civil Rights Compliance The parties to this agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Part 21 and 23 CFR Part 200), 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). 17. Applicability of Federal Provisions Articles 18 through 23 only apply if Federal funding is used in the acquisition of right of way or the adjustment of utilities. 18. Office of Management and Budget (OMB) 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. 19. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. Agreement to Contribute - Fixed Price Page 6 of 10 Revised 04/13/2016 County Jefferson District Beaumont ROW CSJ #0786.01-084 CCSJ #07B5-01-083 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development C. The Local Government shall set an appropriate DBE goal consistent with the Slate's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision - making authority regarding the DBE goal and shall be responsible for documenting its actions. 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 Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http://txdot.gov/busines.s/business- outreach/mou.htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to cant' out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFP Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 20. 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 agreement, the Local Government certifies that it is 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 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 contract shall require any party to a subcontract or purchase order awarded under this Agreement to Contribute - Fixed Price Page 7 of 10 Revised 04/13/2016 County Jefferson District Beaumont Row CSJ #0786-01-084 CCSJ #0786-01.083 Federal Project #:N/A CFDA Title: Highway Planning 8 Construction CFDA # 20.205 Federaf Highway Administration Not Research and Development contract to certify its eligibility to receive federal funds and, when requested by the State, to fumish a copy of the certification. 21. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory's 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 shall be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and ail sub -recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 USC §1352. 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 failure. 22. 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/pkci/FR-2010-09-14/pdf/2olO-22705.r)df and http://www.gpo.gov/fdsys/pkci/FR-2010-09-14/pdf/2010-22706.pd. B. The Local Govemment agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website 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 Federal government to track the Agreement to Contribute - Fixed Price Page 8 of 10 Revised 04/13/2016 County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ #0786-01-083 Federal Project #:IWA CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development distribution of federal money. The DUNS 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 ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 23. Single Audit Report A. 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. 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 E. 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://txdot.govfinside-txdot/office/audit/contact.htmi 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 " D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Agreement to Contribute - Fixed Price Page 9 of 10 Revised 04/13/2016 County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ 40786-01-083 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Kyle Haves Typed or Printed Name City Manager Title dr3--lk Date THE STATE OF TEXAS Gus E. Cannon, CTCM Director, Right of Way Division Texas Department of Transportation Date Agreement to Contribute - Fixed Price Page 10 of 10 Revised 04/13/2016 RESOLUTION NO. 16-138 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an Agreement with the State of Texas, through the Texas Department of Transportation, for the contribution of right-of- way funds for the reconstruction of the 1-10/FM 364 {Major Drive} intersection. 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 Beaumont this the 2nd day of August, 2016. - Mayor Beck Ames - County Jefferson District Beaumont ROW CSJ #0786-01-084 CCSJ #0786-01-083 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development ATTACHMENT B LOCATION MAP SHOWING PROJECT TOTAL, PROJECT LUTS. 900 FT S OF 01-10 TO SH 124, ETC TOTAL PROJECT LENGTH: 1,536.46 FT - 0.291 U1 BEAUNO r I BE IN 9H 124 —# CSJ 0368-03-0�3 IL SH 124 STA 13457.00 ENO F4 364 x--,3 493.993.1255r, CSJ 0786-01-083 Y-13; 45,D2S.5533 t FU 364 STA 688.04 3 xx ,491,783.4628 Y-13,945,627.4870 1 \ BEGIN FM 364 END SH 12 CSJ 0766-01-033 CSJ 0368 3-033 t Fu 364 STA 10431.00 i SH 1 STA 54*15.00 x= 3.492,605.1943 k5 3, 1,439.7 Y-13, 944, 255.ca61 Y-1 42.671.612! Agreement to Contribute ROW Funds Page 1 of 1 Attachment B County Jefferson District Beaumont ROW CSJ # 0786-01-084 CCSJ # 0786-01-083 Federal Project # N/A CFDA Title: Highway Planning & Construction FHWA CFDA # 20.205 Federal Highway Administration Not Research and Development Standard Agreement to Contribute State Performs Work EDC Adjustment Attachment C escription otal tate Participation Local Participation Estimated /° Before % After Cost After /° Before /° After Cost After ost EDC Adj. EDC Adj. EDC Adj, DC Adj. EDC EDC Adj. Adj. Right of Way 0 % % 0 % 0% 0 c uisition Reimbursable 178,158.81 0% 4.4% $168,181.92 10% 5.6% $9,976.89 tility, d'ustments oint Bid 0 % 0% 0 % % 0 Reimbursable utility d'ustments 0 % 0% 0 ;168,181.92 % % 0 % % 0 % % 1.6% 0 OTAL 178,158.81 0% 94.4% 10% 9,976.89 Except as otherwise provided in the Agreement, the fixed amount of Local Government participation will be that amount provided above. Local Government requested and has been granted an Economically Disadvantaged County Adjustment from the Texas Transportation Commission on September 24, 2015 by virtue of attached Minute Order No. 114381, and approved a 44 percent adjustment to the required 10 percent local participation for this project. Also attached are completed Affidavit and EDC Program Information Sheet. Rev. 09/30/2014 ECONOMICALLY DISADVANTAGED COUNTIES PROGRAM INFORMATION SHEET COUNTY Jefferson District Contact Information NAME: Kathy Potts APPLICANT City of Beaumont TELEPHONE 409-898.5717 * if the project is an "OFF -SYSTEM" project, Is the project in the Unified Transportation Program (UTP) and have a local funding agreement in place, or In a District Bank Balance Program? (Circle as appropriate) YES Qr NO * If the applicant is a QM within an eligible county, please answer the two following questions: U 1 Economic Development Sales Tax? (Circle as appropriate) YES or NO #i 2 Population ( 2010 Census)? 118,296 PROJECT INFORMATION UTP PRIORITY STATUS: CON CSJ: 0786-01-084 ESTIMATED LETTING DATE October-16 On -System? ( Circle as appropriate) YES or NO LOCATION AND LIMITS, • Give highway number with limits to and from. FM 364 From: 900 Ft S of IH-10 To: SH 124 PROJECT SCOPE- Give type of work. GR, STR, BS, PVMT, Stripe - Widen to Four Lanes with a center left turn lane ADJUSTMENT RATIONAL- Give reason why the adjustment Is needed. EDC for 2016 per minute order 114381 dated Sept. 24, 2015 ANTICIPATED PR T C05TBREAKDOWN OF ELIGIBLE CMP NTS TOTAL ADJUSTMENT -I AA h 2. 3. 4: S. Project Component Est Total Cost (S) Local Participation (96) Est. Required Local Match (S) Local Participation After Adjustment (S) Boble Utilities 5178,158.81 10% $17,815.88 $9,976.89 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $178.158.811 S17,816 $9,977 Approved by: �Cc�t s� �i _ Date: 718Ao AFFIDAVIT The State of Texas, County of Jefferson Before me, Angela Marie Thomas , a notary public in and for the State of of Texas, on this day personally appeared Mayor Becky Ames , who being by me duly sworn, upon oath says: I, Mayor Becky Ames , representing the city /-cotMy of Beaumont , having been duly elected on May 22, 2007 and having served continuously since that time, certify in my official capacity that, to the best of my knowledge, the information contained in this application is true and correct. aP a 16 Signature Date Subscribed and sworn to before me, by the said Mayor Becky Ames , this 4217 day of August 2416 , to certify which witness my hand and seal of office. My commission expires ,b CC e4'1 l ,r r "] a 0 /�- ANGELA MARIE THOMAS Official Signature My Commission Expires December 7, 2016 Angela Marie Thomas Printed or stamped name of Notary FY 2016 EDCP TEXAS TRANSPORTATION COMMISSION ALL Counties MINUTE ORDER Page 1 of 1 ALL Districts Transportation Code, §222.053(a), defines an "economically disadvantaged county" as a county that has, in comparison to other counties in the state: (1) below average per capita taxable property value; (2) below average per capita income; and (3) above average unemployment. Transportation Code, §222.053(c), directs the Texas Transportation Commission (commission), when evaluating a proposal for a highway project in a political subdivision that consists of all or a portion of an economically disadvantaged county, to adjust the minimum local matching funds requirement after evaluating the political subdivision's effort and ability to meet the requirement. Transportation Code, §222.053(f), requires the commission to certify a county as economically disadvantaged on an annual basis as soon as possible after the Comptroller of Public Accounts (comptroller) provides reports on the economic indicators listed above. Title 43 TAC § I5.55(b)(2) provides that, in determining the adjustment to the local matching funds requirement, and the local government's efforts and ability to meet the requirement, the commission will consider a local government's: (A) population level; (B) bonded indebtedness; (C) tax base; (D) tax rate; (E) extent of in -kind resources available; and (F) economic development sales tax. The comptroller has provided the data needed to determine the counties eligible for the Economically Disadvantaged Counties Program for 2016. The counties' efforts and ability to provide a local match have been considered using the criteria set forth in 43 TAC § I5.55. Exhibit A lists the eligible counties and the respective recommended local match adjustments. Exhibit B establishes additional Iocal match adjustments for cities within these counties participating in the program. IT IS THEREFORE ORDERED by the commission that the list of counties eligible for the 2016 Economically Disadvantaged Counties Program is certified and the local match adjustment for each county is established, as shown in Exhibit A, as well as additional adjustments for cities participating in the program, as shown in Exhibit B. Submitted and reviewed by: D' tor, Transportation P arming and Programming Division R 4 Executive D' for 114MIR SEP24 Is Minute Date Number Passed EXH I BIT A Economically Disadvantaged Counties FY 2016 Eligible Counties Adjustment % Angelina County 63 Atascosa County 55 Bailey County 84 Bee County 72 Bell County 62 Bosque County 44 Bowie County 61 Brooks County 82 Brown County 70 Burleson County 46 Caldwell County 87 Calhoun County 48 Cameron County 86 Camp County 60 Cass County 64 Cherokee County 74 Coleman County 64 Coryell County 61 Dawson County 57 Delta County 84 Duval County 72 Ellis County 58 El Paso County 73 Falls County 91 Fannin County 72 Floyd County 50 Franklin County 49 Freestone County 30 Grayson County 64 Hale County 72 Hall County 55 Hardin County 58 Henderson County 59 Hidalgo County 95 Hill County 66 Houston County 62 Hudspeth County 65 Hunt County 69 Hutchinson County 37 Eligible Counties Adjustment % Jasper County 72 Jefferson County 44 Jim Hogg County 84 Jones County 83 Kaufman County 67 Kleberg County 77 Lamar County 75 Lamb County 73 Leon County 35 Liberty County 69 Limestone County 59 Uano County 17 McLennan County 65 Madison County 62 Marion County 50 Matagorda County 53 Maverick County 90 Milam County 62 Morris County 48 Nacogdoches County 71 Navarro County 66 Newton County 64 Orange County 56 Palo Pinto County 39 Polk County 61 Presidio County 77 Red River County 72 Rusk County 62 Sabine County 57 San Augustine County 61 San Jacinto County 64 San Patricio County 55 Shelby County 65 Smith County 46 Starr County 95 Swisher County 74 Titus County 69 Trinity County 76 Tyler County 78 Economically Disadvantaged Counties FY 2015 cont. Eligible Counties Adjustment % Upshur County 57 Uvalde County 69 Val Verde County 72 Van Zandt County 63 Walker County 91 Eligible Counties Adjustment % Waller County 72 Willacy County 80 Wood County 61 Zapata County 75 Zavala County 90 EXHIBIT B Additional Adjustments for Cities Within an Economically Disadvantaged County FY 2016 Every eligible county receives an adjustment to its local match requirement ranging from 15 (minimum) to 95 (maximum) percent. A city within an economically disadvantaged county receives an adjustment equal to the adjustment for the county in which it is located, with the possibility of up to 10 additional percentage points based on its population and the existence of an economic development sales tax. The two following tables depict the additional percentage points that cities may be granted. Economic Development Sales Tax. ADDITIONAL PERCENTAGE YES 5% NO O% Population: ADDITIONAL PERCENTAGE x < 1,000 5% 1,000 < x < 2,000 4% 2,000 < x < 3,000 3% 3,000 < x < 4,000 2% 4,000 < x < 5,000 1% I—X > 5,000 0%