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PACKET DEC 13 2016BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 13, 2016 1:30 P.M. CONSENT AGENDA * Approval of minutes — December 6, 2016 * Confirmation of committee appointments A) Approve a contract with Tri -Con Inc. to provide lubricants for use in City vehicles and equipment B) Approve the purchase of a simulated training program for use by the Police Department U, All 111 pill, TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 13, 2016 REQUESTED ACTION: Council consider a resolution approving a contract with Tri -Con Inc., of Beaumont, TX, to provide lubricants for use in City vehicles and equipment. BACKGROUND Bids were solicited for a six (6) month contract to supply approximately 15,960 gallons of various lubricants at fixed costs for use by various City departments in maintaining vehicles and equipment. Specifications allow for a six (6) month extension upon expiration of the original term at the same pricing as awarded herein. Tri -Con Inc., submitted the low bid in the amount of $92,646.65. The new contract represents a 4% increase in price over the previous contract. Bids were requested from six (6) vendors with three (3) responses. Bid tab is attached. FUNDING SOURCE Fleet Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment; and, WHEREAS, Tri -Con, Inc., of Beaumont, Texas, submitted a qualified bid in the unit amounts shown on Exhibit "A," attached hereto, for an estimated total expenditure of $92,646.15; and, WHEREAS, City Council is of the opinion that the bid submitted by Tri -Con, Inc., of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Tri -Con, Inc., of Beaumont, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment for an estimated amount of $92,646.15 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Tri -Con, Inc., of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of December, 2016. - Mayor Becky Ames - BEAUMONT TEXAS - CITY OF BEAUMONT, BEAUMONT, TEXAS PURCHASING DIVISION BID TABULATION Bid Name. SIX (6) MONTH CONTRACT FOR AUTOMOTIVE LUBRICANTS Bid Number: SF1017-04 Bid Opening: Thursday, December 01, 2016 Contact Person: Christy Williams, Buyer 11 christy.williamsftbeaumonftexas.00v Phone: 409-860-3758 Vendor City I State Phone No. TRI -CON, INC. BEAUMONT 409-836-2237 APACHE OIL HOUSTON 281487-6400 SUN COAST RESOURCES, INC. HOUSTON 713-944-96DO APPROX QTY DESCRIPTION Unit Price Extended Price Unit Price Extended Price- Unit Price Extended Price --- ----------- - -- ---------- 3,200 GAL Engine Oil I SW -40 (BULK DELIVERIES >250 GALLONS) $ 6.15 $19,680.00 6.99 $22 368.00 S 9.95 $31,840.00 3,200 GAL Engine oil, SYNTHETIC BLEND, I SW -40 (BULK DELIVERIES >250 GALLONS) S 6.15 $19,680.00 -$_ S 7.35 $23.520.00 $ 11,95 $38,240.00 1,000 GAL Engine Oil 15w-40 (S5 gal drums) 1,000 GAL Engine oil, SYNTHETIC BLEND, I SW -40 $ 6.26 S 6.26 $6,260.00 S 7.35 S 7.77 $7,350.00 S 12.95 $ 10.95 $12,950.00. S6,260.00 $7,770.00 $10.950-00 MANUFACTURER AND BRAND BID for Items I and 2 above TOTAL FleetSupreme EC 15W40 TOTAL Classlc 8, Rubla, Quartz MANUFACTURER AND BRAND BID for Items I a and 2a above Guardol ECT 15W40 110 GAL lEngine Oil SAE 40 (55 gal drums) $ 4.24 $466.40 $ 7.95 1 $874.50 S 10.95 S1,204.50 MANUFACTURER AND BRAND BID: TSX HD 40 PHILLIPS TSX 1,300 QT Dexron III (quart containers) S 1.99 $2,587.00 $ 2.26 $2,938.00 S 11.20 $14.560.00 250 GAL Dexron III (bulk deliveries >250 gal) $ 4.25 $1,062.50 S 7.52 $1,880.00 $ 7.95 S1,987.50 100 CAL Decron 111 (55 gal drums) S 5.99 SS99.00 S 7.98 $788.00 $ 10.95 $1,095.00 MANUFACTURER AND BRAND BID: KENDALL CLASSIC ATF Total Fluid NA 100 QT FMercon 5 (quart containers) $ 2,99 $299.00 S 2.91 1 $291.00 S 11.20 S1,120.00 MANUFACTURER AND BRAND BID: VERSATRAN ATF Total Fluid NA 4,700 GAL Multi-purpose Transmission /Hydraulic Oil (bulk deliveries >250 gal) $ 4.99 $23,453.00 $ 7.69 $36,143.00 $ 7.95 $37,365.00 SOO CAL Multi-purpose Transmission/Hydraulic Oil (55 gal drums) $ 5.99 $2,995.00 S 8.05 $4,025.00 $ 10.95 $5,475.00 MANUFACTURER AND BRAND BID: PowerTran Fluid Total Dayna IMP 500 GAL CaterplIlar TO -4 Compatible Lubricants, SAE 10W (bulk deliveries > 259 gallons) S 4.49 $2,245.00 S 8.34 $4,170.00 S 9.95 $4.975.00 500 GAL Caterpillar TO -4 Compatible Lubricants, SAE 50 (bulk deliveries >250 gallons) $ 5.71 $2,855-00 S 8.82 $4,410.00 S 9.95 $4,975.00 275 GAL Caterpillar TO -4 Compatible Lubricants, SAE I OW (55 gal. drum) S 6.31 $1.735.25 S 8.60 $2,365.00 S 11.95 - $3,286.25 275 GAL Caterpillar TO -4 Compatible Lubricants, SAE 50 1(55 gal. drum) S 8.98 1 $2,469.50 S 9.18 $2,524.50 $ 11.95.1 $3,286.25 MANUFACTURER AND BRAND BID: PHILIPS TORQUE FLUID PowerDrIve Fluid PHILIPS TORQUE ., FLUID . - DRU 4- -6 000 , $0 TOTAL BID $92,646.65 1 $121,417.00 $173.304.50 No Response: Matrix Lubricants, Thomas Petroleum, LTD, Spidle & SpIdle *vendor overall total was $92,116.15 correct total Is $92,646.65 EXHIBIT "A" BEAUMONT T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 13, 2016 REQUESTED ACTION: Council consider a resolution approving the purchase of a simulated training program for use by the Police Department. BACKGROUND The program will be purchased from FAAC Inc., of Ann Arbor, MI, in the amount of $60,909.75. The training simulations will provide safe and realistic training options that include active shooter situations, domestic disturbances and traffic stops. The simulations are provided through DVD disks or can be downloaded. Pricing was obtained through a General Services Administration contract. This is a Federal contract which allows cities, states and political subdivisions with the means to purchase specialized equipment at volume pricing. GSA complies with all State of Texas procurement statutes. FUNDING SOURCE Justice Assistance Grant Program through the U.S. Department of Justice. RECOMMENDATION Approval of the resolution. RESOLUTION NO.14-127 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funding for the City of Beaumont in the amount of $121,604 from the Edward Byrne Memorial Justice Assistance Grant Program for law enforcement equipment and programs; and, BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to execute an interlocal agreement to reallocate funds in the amounts of $33,022 to the City of Port Arthur and $18,241 to Jefferson County. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of June, 2014. X I� - ayor Becky Ames - '�" 12;312016 Pego AqN 0- Use of Force Options I Escalation of Force I MILO Range FORCE OPTIONS AND ESCALATION OF FORCE SCENARIOS CC;'ii-IM IES and the MILO Range simulation training product leads the industry in developing and including high-quality HD scenario training content that addresses the most up to date and relevant law enforcement and military training topics and tactical realities. Each system comes delivered with over 600 interactive scenarios pre -loaded onto the system which means the system is ready to start training with immediately. Some of the contemporary training topics included with the MILO system are: • Active Shooter Situations • Armed Disturbances • Burglaries & Alarms • Public Security and Safety • Disorderly & Intoxicated • Domestic Disturbances • Emotionally Disturbed Persons • Homeland Security and Anti -Terrorism • In Custody & Corrections • K-9 • Patrol • PMC & Military • Probation & Parole • Skill Builders • Special Operations • Tactical Anatomy • Threat Risk Assessments • Traffic Stops • Transportation All MILO Range customers receive free access to the IES scenario library, and approximately 50- 60 new high definition scenarios each year sent out via DVD disk or downloaded from MILO Studios. This insures that fresh, cutting edge training scenario content is always available for your MILO Range system -an industry leading feature from IES. Fill out the f, *Email Addr *Phone Nun Questions http:/AAtww.milorange.com/featurestforce-options.php ill RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to approve the purchase of a simulated training program for use by the Police Department from FARC, Inc., of Ann Arbor, Michigan, in the amount of $60,909.75 through the General Services Administration (GSA) 1122 Contract Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of December, 2016. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 13, 2016 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD6) for the Cherokee Drainage Project 2. Consider a resolution approving the purchase of one grapple truck for use in the Parks and Recreation Department 3. Consider a resolution approving the purchase of one John Deere tractor and one slope mower for use in the Parks and Recreation Department 4. Consider a resolution authorizing the City Manager to execute Amendment No. 1 to the Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Washington Boulevard Langham to Major Project COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777. I December 13, 2016 Consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD6) for the Cherokee Drainage Project BEAUMONT T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: December 13, 2016 / REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD6) for the Cherokee Drainage Project. BACKGROUND Jefferson County Drainage District No. 6 (DD6) is currently working on the Cherokee Drainage Project within the City of Beaumont. The District is installing culverts on Cherokee Lane, 10 Street, North Street and 15th Street to Calder Avenue. The Water Utilities Department is adjusting water and sanitary sewer lines to accommodate the installation of the culverts. Public Works will be resurfacing the afore -mentioned streets to complete the work. The estimated cost of the City's portion of the project is $340,000 for the street repairs and $100,000 for utility adjustments. DD6 received a grant from FEMA that is being administered by the Texas Water Development Board. As a part of the grant, DD6 agrees to reimburse the City for 75% of the costs (estimated at a total $440,000) not to exceed $281,250. FUNDING SOURCE Capital Program — Street Rehabilitation Fund and Water Fund. The estimated cost to be paid by the City of Beaumont is $158,750. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement between the City of Beaumont and Jefferson County Drainage District No. 6 (DD6) for the Cherokee Drainage Project. The Interlocal 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 13th day of December, 2016. - Mayor Becky Ames - INTERLOCAL- AGREEMENT THE CITY OF BEAUMONT AND JEFFERSON COUNTY DRAINAGE DISTRICT NO.6 (CHEROKEE PROJECT) STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement is made by and between the City of Beaumont, a home rule City of the State of Texas (hereinafter called "City") and :Jefferson County Drainage District No. 6, a special district of the State of Texas (hereinafter called "District") under authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. WHEREAS, the City and the District are working together to make improvements to the City's drainage infrastructure in Beaumont, Jefferson County, Texas, in the area of Cherokee Lane southerly to Calder Avenue under City streets; WHEREAS, the District is installing culverts, under Cherokee Lane, 14t" Street, North Street and 15'h Street to Calder Avenue; WHEREAS, the City owns and maintains the afore -mentioned streets, and the City and the District are desirous of reciting in writing, certain duties and obligations between the parties hereto with regards to this culvert installation project; THEREFORE, the City and the District agree as follows: WITNESSETH INTERLOCAL AGREEMENT - Cherokee Project City of Beaumont and Jefferson County Drainage District No. 6 Page 1 EXHIBIT 'A" I . The District agrees to reimburse the City for seventy-five (75%) of their costs, not to exceed $75,000.00, related to water and sewer line adjustments that will be performed to allow for the culvert installations; 2. The District agrees to reimburse the City for seventy-five (75%) of the costs not to exceed $206,250.00, for any street repairs related to storm sewer improvements made by the District on Cherokee Lane, 14"h Street, North Street and 15`h Street to Calder Avenue; 3. The District will provide manpower and equipment to excavate for the water and sewer line adjustments and installations, except for any pipe bursting of existing water or sewer lines. Upon completion of the utility adjustments or installations, the District will backfill the excavation under the City's direction; 4. The City will purchase and supply pipe and appurtenances for the utility adjustments and installations. The City will supply manpower to make tie-ins and help lay pipe; 5. The District will backfill the culverts, beside and above the culverts, as per Attachment "A." The District will purchase and haul the necessary backfill; 6. The City will provide materials, manpower, and equipment to pave the road(s); and 7. On a monthly basis or greater, at its convenience, the City will invoice the District for one hundred percent (100%) of the costs of the repairs to date, up to $275,000.00 for street repairs and $100,000.00 for utility adjustments. The invoice will include all back-up documentation that justifies the invoice amount, such as material invoices, equipment use cost, labor cost, and contractor invoices. If a contractor is used, documentation must be provided to prove the contractor was hired using a fair method to solicit the bid(s) and the lowest bidder or bidder to the best interest of the District was hired. All contractors must be checked for disbarment and proof of the verification must be provided. The District will then INTERLOCAL AGREEMENT -Cherokee Project City of Beaumont and Jefferson County Drainage District No. 6 Page 2 reimburse the City for seventy-five (75%) of the total costs invoiced. The City will be responsible for the twenty-five (25%) local share match. The twenty-five (25%) can be in-kind, or by purchase of material. All documentation for expenses must be in a format accepted by the Texas Water Development Board (TWDB) as the administrator of this grant for FEMA. Any amount reimbursed to the City by the District and later disallowed by TWDB/FEMA, or as a result audit will be the sole responsibility of the City. 8. The District agrees to reimburse the City for seventy-five (75%) of the costs not to exceed $281,250.00. EXECUTED this day of _ )2016. ATTEST: By: City Cleric ATTEST: By: Charles "Chuck" Guillory, Secretary DC/pa/DD6 CITY OF BEAUMONT By: City Manager JEFFERSON COUNTY DRAINAGE DISTRICT NO.6 INTERLOCAL AGREEMENT - Cherokee Project City of Beaumont and Jefferson County Drainage District No. 6 Page 3 Joshua W. Allen, Sr., President lk It V 6k �1�1''��� 1 NO J. Ia` , �IGLI.�fi l- .. 4•'r .� .D ism 51 ol jr k. I 4 ♦ -- IF lm�I .r n M 2 December 13, 2016 Consider a resolution approving the purchase of one grapple truck for use in the Parks and Recreation Department BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 13, 2016 REQUESTED ACTION: Council consider a resolution authorizing the purchase of one grapple truck for use in the Parks and Recreation Department. BACKGROUND The grapple truck will be purchased from Grande Truck Center, Inc., of San Antonio, TX, in the amount of $178,633.00. The new unit will replace unit 3226, which is a 1992 model with in excess of 150,000 miles. It has exceeded its expected service life. The truck is used for the collection of heavy trash from city parks and streets as well as hauling debris to the landfill. The existing unit will be disposed of in accordance with the City surplus property policies. Pricing was obtained through the Houston -Galveston Area Council (H -GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with State of Texas procurement statutes. Warranty service will be provided by Freightliner of Beaumont. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to approve the purchase of one (1) grapple truck for use by the Parks and Recreation Department from Grande Truck Center, Inc., of San Antonio, Texas, in the amount of $178,633.00 through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of December, 2016. - Mayor Becky Ames - 3 December 13, 2016 Consider a resolution approving the purchase of one John Deere tractor and one slope mower for use in the Parks and Recreation Department TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 13, 2016 REQUESTED ACTION: Council consider a resolution authorizing the purchase of one John Deere tractor and one slope mower for use in the Parks and Recreation Department. BACKGROUND The tractor will be purchased from Deere & Company of Cary, NC, in the amount of $78,264.92. The slope mower will be purchased from Alamo Industrial of Seguin, TX, in the amount of $57,505.00. The slope mower will be attached to the tractor as one unit. The new unit will replace Unit 4371, which is a 2005 model with in excess of 5,457 hours. It has exceeded its expected service life. The unit is used by the Parks and Recreation Department to cut and maintain rights of way and outfall drainage ditches. The existing unit will be disposed of in accordance with the City surplus property policies. Pricing was obtained through the Houston -Galveston Area Council (H -GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with State of Texas procurement statutes. Warranty service will be provided by Shoppas John Deere, Inc., the local dealer. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to approve the purchase of one (1) John Deere tractor for use by the Parks and Recreation Department from Deere & Company, of Cary, North Carolina, in the amount of $78,264.92 through the Houston - Galveston Area Council (H -GAC) Cooperative Purchasing Program; and, BE IT FURTHER RESOLVED THAT the City Manager be, and he is hereby, authorized to approve the purchase of one (1) slope mower for use by the Parks and Recreation Department from Alamo Industrial, of Seguin, Texas, in the amount of $57,505.00 through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of December, 2016. - Mayor Becky Ames - E. December 13, 2016 Consider a resolution authorizing the City Manager to execute Amendment No. 1 to the Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Washington Boulevard Langham to Major Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director V1 MEETING DATE: December 13, 2016 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Amendment No. 1 to the Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Washington Boulevard Langham to Major Project. BACKGROUND The City of Beaumont received two earmarks in the total amount of $3,080,000 in 2005, under the Congressional High Priority funding category, to reconstruct Washington Boulevard from Langham Road to FM 364 (Major Drive). The original scope of work included the construction of a four lane concrete curb and gutter roadway with a continuous left -turn lane. The total project cost at this time is estimated at $15.5 Million when including water and sewer upgrades. The City share of the project ($15.5 Million - $3,080,000 earmark) is estimated at $12,420,000. The City does not have the necessary funds available at this time to move forward with the project and will likely lose the earmark if the funds are not redirected. The proposed scope of work under Amendment No. 1 will resurface Washington Boulevard from Loma Lane east to IH -10 as shown in Attachment B-1. The overlay is estimated to cost $2,713,325. The City will be responsible for $520,020. The City has paid $110,000 to date for preliminary design costs which results in a remaining local participation balance of $410,020. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. 07-125 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT)forthe Washington Boulevard Project. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 2007. PASSED BY THE CITY COUNCIL of the City of Beau nt this the 1 st day of May, UMI.rp �►�� - Mayor Guy N. Goodson - U w �, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Amendment No. 1 to the Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Washington Boulevard Project (Langham Road to Major Drive). The amendment 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 13th day of December, 2016. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ADVANCE FUNDING AGREEMENT AMENDMENT #1 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the State, and the City of Beaumont, acting by and through its duly authorized officials, called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 6th of June 2007 to effectuate their agreement to reconstruct a section of Washington Blvd in Beaumont; and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as follows: AGREEMENT 1. Description of Amended Items With this amendment, the scope of work and budget for this project are reduced Attachment B, Project Location Map, is deleted in its entirety and is replaced with Attachment B-1 Project Location Map, which is attached to and made part of this amendment. The limits on the location map have changed. Attachment C, Project Budget Estimate and Source of Funds, is deleted in its entirety and is replaced with Attachment C-1 Project Budget Estimate and Source of Funds, which is attached to and made part of this amendment. The budget is decreased by $3,996,675 from $6,710,000 to $2,713,325. Articles 4, 9, 12.a, 12.b, 12.d, 12.f, 13, and 16 of the original agreement are deleted in their entirety and replaced with the following: AFA—AFA—Amend EXHIBIT "A" Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 4. Scope of Work The scope of work for this LPAFA is described as the resurfacing of Washington Blvd from Loma Lane east to IH -10 as shown in Attachment B-1. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the State as stated in the Master Agreement. The State is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 12. Local Project Sources and Uses of Funds a. A Project Budget Estimate is provided in Attachment C-1. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. b. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C-1. Attachment C-1 shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document. d. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C-1. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. f. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation." The check or warrant shall be deposited by the State and managed by the State. Funds may only be applied by the State to the Project. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. AFA—AFA_Amend Page 2 of 9 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 16. 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 and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this 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. Articles 12.i, 12J, 17, 18, 19, 20, 21, 22, 23 are added to the agreement as follows: 12. Local Project Sources and Uses of Funds i. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. j. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. AFA—AFA_Amend Page 3 of 9 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 18. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City Manager City of Beaumont 801 Main Street, Suite 300 Beaumont, TX 77701 State: Director of Contract Services Texas Department of Transportation 125 E. 11 Department Austin, Texas 78701 All notices shall be deemed given on the date delivered in person 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 carried out by the other party. 19. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 45 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required AFA—AFA_Amend Page 4 of 9 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancelling, terminating, or suspending of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. 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://ftp. dot. state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. 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 AFA—AFA_Amend Page 5 of 9 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 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. 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.-gov/fdsys/pkq/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 the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 22. 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 2 CFR 200. AFA—AFA Amend Page 6 of 9 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11 th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at sing leaudits(a)txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $ 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. 23. Pertinent Non -Discrimination Authorities During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects). C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. AFA—AFA_Amend Page 7 of 9 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). All other provisions of the original contract are unchanged and remain in full force and effect. 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA—AFA—Amend Page 8 of 9 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Kenneth Stewart Director of Contract Services Texas Department of Transportation Date AFA—AFA_Amend Page 9 of 9 Revised 03/23/16 5 Begin CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT B-1 PROJECT LOCATION MAP lvIU@r t- U aliday �` exingt4n 3 u f N Phelan mPrutzman P Fp U o �� M itland n vi s wood Blvd Jeriv G :v (`vitlatTl o BKelly Dr, —' `� it End ay! k - ! Project Wastor,; Washington Blvd G Id Baker Rd If texas Department of 7iansporfatlon ' ail AFA—AFA_Amend Page 1 of 1 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT C-1 PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Description Total Estimated Cost Federal Participation Cost State Participation Local Participation /o Cost /o Cost Engineering (by State) $265,000 80% $212,000 % $0 0% $53,000 Construction (by State) $2,150,000 80% $1,720,000 % $0 11 0% $430,000 Subtotal $2,415,000 $1,932,000 $0 $483,000 Environmental Direct State Costs $2,500 80% $2,000 % $0 0% $500 Right of Way Direct State Costs 10 0% 0 % $0 100% 10 Engineering Direct State Costs $4,000 80% 3,200 % $0 0% $800 Utility Direct State Costs 10 0% 0 % $0 100% $10 Construction Direct State Costs (8.30%) 178,500 80% $142,800 % $0 0% $35,700 Indirect State Costs (5.27%) 113,305 0% 0 100% $113,305 0% 0 TOTAL 2,713,325 2,080,000 $113,305 520,020 Initial payment by the Local Government to the State: $54,320 Payment by the Local Government to the State before construction: $465,700 ($430,000 + $35,700) Estimated total payment by the Local Government to the State $520,020. This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA—AFA—Amend Page 1 of 1 Revised 03/23/16 STATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 0920-38-187 District # 20 Code Chart 64 # 03200 Project: Washington Blvd. LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a Supplemental Transportation Project (Off State System) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called 'the "State", and the City of Beaumont, Texas acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 110266 that provides for the development of, and funding for, the project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. 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: AGREEMENT 1. The pericd of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work. The scope of work for this LPAFA is described as the reconstruction of Washington Boulevard from Farm to Market Road (FM) 364 (Major Drive) east to Langham Road as shown in Attachment B. This roadway will be reconstructed as a four (4) lane facility with a continuous left turn lane. 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. \FA-LPAFA_Off:iys Page 1 of 7 EXHIBIT "A" Revised 12"4/06 CSJ # 0920-38-187 District # 20 Code Chart 64 # 03200 Project: Washington Blvd. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out by the State, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master AgreemE?nt, without exception. 9. Architectural and Engineering Services will be provided by the State, as stated in the Master AgreemE!nt, without exception. The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Government's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non-federal and non -state funding, including all project cost overruns, unless provided for through amendment of this agreement. d. Prior to the performance of any engineering work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. e. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. f. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant 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 by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage \FA—LPAFA—OffSys Page 2 of 7 Revised 12/4/06 CSJ # 0920-38-187 District # 20 Code Chart 64 # 03200 Project: Washington Blvd. facility requirements, are more restrictive than State or Federal Regulations, or if any other localiy proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. h. 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. 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. 13. Document and Information Exchange. The Local Government agrees to electronically deliver to the Stai:e all general notes, specifications, contract provision requirements and related documentation in a Microsoft@ Word or similar document. If requested by the State, the Local Governrnent will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. 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. 16. 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 By: l Title: (Signature) Date: Ll -LO -07 AFA—LPAFA—Off Sys Page 3 of 7 Revised 12/4/06 CSJ # 0920-38-187 District # 20 Code Chart 64 # 03200 Project: Washington Blvd. 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. Janice Mullenix Director of Contract Services Section Office of General Counsel Texas Department of Transportation Date: AFA—LPAFA—OffSys Page 4 of 7 Revised 12/4/06 CSJ # 0920-38-187 District # 20 Code Chart 64 # 03200 Project: Washington Blvd. ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA AFA—LPAFA—OffSys Page 5 of 7 Revised 12/4/06 CSJ # 0920-38-187 District # 20 Code Chart 64 # 03200 Project: Washington Blvd. ATTACHMENT B PROJECT LOCATION MAP AFA—LPAFA_OffSys Page 6 of 7 Revised 12/4/06 ATTACHMENT C Project Budget Estimate and Source of Funds The Local Government will participate in the cost of the reconstruction of Washington Boulevard from Farm to Market Road (FM) 364 (Major Drive) east to Langham Road as shown in Attachment "B". Based on the Congressional High Priority funding category, the Local Government's participation is 20% of the preliminary engineering costs for these improvements. The remaining costs for this item will be funded 80% by federal funds. Federal funds will also cover 80% of the construction costs for the improvements up to a maximum Federal share of $3,080,000.00 for the entire project. All remaining costs will be paid by the Local Government. The State has estimated the project to be as follows: * - The breakdown for the Construction cost is as follows: $5,500,000.00 — total cost $2,640,000.00 — federal participation which will be matched by local funds $2,860,000.00 — local participation based on a local match of the federal funds (80%/20%) in the amount of $660,000 and a local contribution in the amount of $2,200,000 to fund the construction cost overrun at 100%. Direct State Costs will be based on actual charges. Local Government's Participation = $3,630,000.00 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 $110,000.00 made payable to the ''Texas Department of Transportation Trust Fund" 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. AFA-LPAFA_OffSys Page 7 of 7 Revised 12/4/06 Total Description Estimate Cost Federal State Local Partici ation Participation Participation % Cost % cost % Cost PRELIMINARY ENGINEERING COSTS Prelimina En ineerin $550,000.00 80% $440,000.00 0% $0.00 20% $110,000.00 CONSTRUCTION COSTS Construction $5,500,000.00 $2,640,000.00 0% $0.00 $2,860,000.00 Direct State Costs (including plan $660,000.00 0% $0.00 0% $0.00 100% $660,000.00 review, inspection and oversight) Estimated at 12% of construction Indirect State Costs (no local $0.00 0% $0.00 0% $0.00 0% $0.00 participation required except for service projects) liIIIIR TOTAL $6,710,000.00 $3,080,000.00 $0.00 $3,630,000.00 ! * - The breakdown for the Construction cost is as follows: $5,500,000.00 — total cost $2,640,000.00 — federal participation which will be matched by local funds $2,860,000.00 — local participation based on a local match of the federal funds (80%/20%) in the amount of $660,000 and a local contribution in the amount of $2,200,000 to fund the construction cost overrun at 100%. Direct State Costs will be based on actual charges. Local Government's Participation = $3,630,000.00 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 $110,000.00 made payable to the ''Texas Department of Transportation Trust Fund" 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. AFA-LPAFA_OffSys Page 7 of 7 Revised 12/4/06 119 STAT. 1280 PUBLIC LAW 109 -59 -AUG. 10, 2005 Highway Projects High Priority Projects—Continued No. State Project Description Amount 605 TX Bridge Access Road for FM 493 from U.S. 281 toU.S. 83 ......................................................... $5,000,000 606 AZ Pinal Avenue/Main Street right-of-way acqui- sition—Pinel County, Casa Grande, AZ—To reconstruct Main St. to include a bypass for commercial traffic ............................................ $800,000 607 PA Design, engineering, ROW acquisition, and construction of streetscaping enhancements, paving, lighting, safety improvements, park- ing, garage, and roadway redesign in Duryea Borough, Luzerne County ................. $160,000 608 OK SH -33, Widen SH 33 from the Cimarron River East to U.S. 177 Payne County, OK .............. $6,400,000 609 TX Washington Boulevard Improvements in Beau- mont, Texas ..................................................... $2,080,000 610 FL Widen Midway Road from South 25th Street to U.S. 1 in St. Lucie County ......................... $1,600,000 611 NY Enhance road and transportation facilities in the vicinity of W. 65th St. and Broadway, New York City ................................................. $4,000,000 612 LA Construct Kansas -Garrett Connector and I-20 Interchange Improvements ............................. $4,000,000 613 PA Construct the SR 1058 Connector between PA 309 and the Pennsylvania Turnpike North- east Extension in Montgomery County ......... $1,280,000 614 OK Reconstruct the Interstate 44 193rd street interchange...................................................... $2,400,000 615 NY Roadway improvements to Woodbury Rd. at intersection with Syosset -Woodbury Rd ........ $1,600,000 616 RI Construct a handicapped accessible trail and platform at Kettle Pond Visitor Center Ad- ministrative Facility ........................................ $160,000 617 NJ Construct Great Swamp National Wildlife Ref- uge Road.......................................................... $200,000 618 CA Grade Separation at 32nd Street between I-15 and Harbor Drive, San Diego ......................... $800,000 619 IN Widen Old Meridian Street from 2 to 4 lanes, City of Carmel, Indiana .................................. $900,000 620 WI Construct a bicycle/pedestrian path, City of Portage............................................................. $1,760,000 621 VA Widen Route 17 in Stafford ............................... $4,000,000 622 VA Widen Route 820 in Bergton, Virginia .............. $1,240,000 623 IL Construction of 2 North/South Blvds. and 2 East/West Blvds. in the vicinity of Northern Illinois University ........................................... $8,320,000 624 CA Begin construction of road from U.S. 395 west towards SR 14 ................................................. $800,000 625 PA Design, engineering, ROW acquisition, and construction of streetscaping enhancements, paving, lighting, safety improvements, park- ing, and roadway redesign in Old Forge Bor- ough, Lackawanna County ............................. $160,000 626 PA Improvements to Amtrak Keystone Corridor grade crossings at Irishtown Rd., New Comer Rd., and a new bridge at Ebychiques Rd..................................................................... $400,000 627 TN Acquire and construct trail and bikeway along S. Chickamauga Creek in Chattanooga, TN $1,280,000 PUBLIC LAW 109 -59 -AUG. 10, 2005 119 STAT. 1447 Highway Projects High Priority Projects—Continued No. State Project Description Amount 4979 TN Improve Streetscape and pavement repair, Scott County .................................................... $500,000 4980 TN Improve Streetscape and pavement repair, Morgan County ................................................ $500,000 4981 TN Improve Streetscape and pavement repair, Fentress County .............................................. $500,000 4982 TN Street improvements, streetscape features, sig- nals and signage along 3rd Avenue North and Union Street in downtown Nashville, Tennessee......................................................... $6,000,000 4983 TN Improvements to the Blount/Sevier Corridor in Knoxville, Tennessee to support the South Waterfront Redevelopment project ................ $6,000,000 4984 TX Replacement of the I-30 Bridge over the Trin- ity River in Dallas ........................................... $17,000,000 4985 TX Replacement of the Galveston Causeway Rail- road Bridge in Galveston ................................ $15,000,000 4986 TX Construction of a new international rail bridge and rail track west of Brownsville ................. $4,000,000 4987 TX Construction of a three mile bypass around central San Marcos ......................................... $10,000,000 4988 TX Construction of a railroad grade separation at Calton Rd. in Laredo, TX (part of the West Laredo Multimodal Trade Corridor) .............. $6,000,000 4989 TX Transportation Improvements for the San An- gelo Ports to Plains Route 306 at FM 388 ... $6,000,000 4990 TX Reconstruct Mile 6 West from U.S. 83 to SH 107 Hidalgo County ........................................ $2,000,000 4991 TX Tyler Outer Loop 49 Construction ..................... $3,000,000 4992 TX Transportation Improvements to Cotton Flat Road Overpass ® Interstate 20 ...................... $3,000,000 4993 TX Construction of a parking facility at the Uni- versity of the Incarnate Word, San Antonio, Texas................................................................ $2,000,000 4994 TX Research and construction, Southwest Center for Transportation Research and Testing, Pecos, TX .......................................................... $1,000,000 4995 TX Construct a reliever route on U.S. 287 south of Dumas to U.S. 287 north of Dumas ............... $3,000,000 4996 TX Widen FM 60 (University Drive) from SH 6 to FM 158, College Station ................................. $2,000,000 4997 TX Complete U.S. 77 relief route around City of Robot.own.......................................................... $4,000,000 4998 TX North Rail Relocation Harlingen ....................... $4,000,000 4999 TX Improvements to KellyUSA 36th Street ........... $2,000,000 5000 TX Beaumont, TX Washington Blvd. Improve- ments................................................................ $1,000,000 5001 TX Improvements to Cottonwood Trail ................... $1,000,000 5002 TX Improvements to FM 110 in San Marcos .......... $1,000,000 5003 TX Improvements to SH 71 from W of FM 20 to Loop 150 Bastrop County ............................... $2,000,000 5004 TX Construct 6 mainlines from east of Mercury to east of Wallsville............................................. $2,000,000 5005 UT Geneva Rd -Provo Center Street, Orem 1600 North to I-15 FWY, Provo -widen from 2 to 4 lanes, Provo ...................................................... $2,000,000 5006 UT Construction of Midvalley Highway, Tooele County.............................................................. $3,000,000