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HomeMy WebLinkAboutRES 17-046RESOLUTION NO. 17-046 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 Dowlen Road Extension Project, which defines the scope of work, changing the limits of the project to approximately 0. 15 miles north of Washington Boulevard and to approximately 0.15 miles south of Washington Boulevard. 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 28th day of February, 2017. STATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension 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 14th of June 2007 to effectuate their agreement to construct a new location roadway; 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 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 for the project have been reduced to those shown on the location map. 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 from $11,834,000 to $3,616,904 based on a reduction in limits and a reduced scope of work. In addition, the Construction Responsibilities and the responsibility for the Architectural and Engineering Services are being changed from the State to the Local Government. Articles 4, 9, 10, 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 Page 1 of 9 Revised 03/23/16 EXHIBIT "A" CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension 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 construction of a new 4 -lane roadway to be designated as Dowlen Road that will run from approximately 0. 15 miles north of Washington Blvd south to approximately 0.15 miles south of Washington Blvd. Drainage improvements to carry storm water runoff from the roadway will be constructed from Jane's Gully on the north end south to the Lower Neches Valley Authority (LNVA) Canal. The overall project limits are shown on Attachment B-1. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government as stated in the Master Agreement. The Local Government 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 State may review and comment on the work as required to accomplish the public purposes of the Local Government. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities Construction responsibilities will be carried out by the Local Government as stated in the Master Agreement. 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. AFA—AFA Amend Page 2 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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. 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, 12.j, 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. AFA—AFA Amend Page 3 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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 20.0 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 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 Includinq 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. AFA—AFA Amend Page 4 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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 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)- AFA—AFA—Amend Page 5 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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 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.gpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and hftp://www.qpo.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. AFA—AFA_Amend Page 6 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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. 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 singleaudits(o)_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 AFA AFA_Amend Page 7 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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. 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 # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension 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 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT B-1 PROJECT LOCATION MAP N i s Begin Pro'ect m 364 / End Project �NV4 r/ 69 Cana/ ' i AFA AFA_Amend Page 1 of 1 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension 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 otal Estimated Cos Federal Participation tate Participation Local Participation ost /o Cost /o Cost Engineering (by Local Government) 270,000 80% $216,000 % $0 0% $54,000 Construction (by Local Government) 2,956,098 80% $2,364,878 % $0 0% $591,220 Subtotal 3,226,098 $2,580,878 0 $645,220 Environmental Direct State Costs 175,000 80% 140,000 % $0 0% $35,000 Right of Way Direct State Costs 10 0% $0 % $0 100% $10 Engineering Direct State Costs 10,000 80% $8,000 % $0 0% $2,000 Utility Direct State Costs 10 0% 0 0% $0 100% $10 Construction Direct State Costs (1.69%) 50,000 80% $40,000 0% $0 0% $10,000 Indirect State Costs (5.27%) 155,786 0% 0 100% $155,786 % $0 TOTAL 3,616,904 $2,768,878 $155,786 $692,240 Initial payment by the Local Government to the State: $91,020 ($37,020 + $54,0001 Payment by the Local Government to the State before construction: $10,000 Estimated total payment by the Local Government to the State $101,020. This is an estimate. The final amount of Local Government participation will be based on actual costs. "$54,000 has already been paid by the Local Government to the State under the original agreement as part of the local share when the Engineering was the State's responsibility. AFA—AFA_Amend Page 1 of 1 Revised 03/23/16 *" ,if Texas Department of Transportation 8350 EASTEX FREEWAY, BEAUMONT, TEXAS 77708 1 409.892-7311 1 WWW.TXDOT.GOV March 21, 2017 Mr. Kyle Hayes City of Beaumont 801 Main Street, Suite 300 Beaumont, TX 77701 Re: AFA for Dowlen Extension — CSJ 0920-38-189 Dear Mr. Hayes: Enclosed for your files, please find one fully executed agreement for work on the proposed Dowlen Extension. If you have any questions, please call me at (409) 898-5743. Sincerely, Scott Ayres, P.E. Transportation Planning Engineer OUR VALUES: People • Accountability • Trust • Honesty OUR MISSION: Through collaboration and leadership, we deliver safe, reliable, and integrated transportation system that enables the movement of people and goods. An Equal Opportunity Employer STATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension 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. W I T N E S S E T H WHEREAS, the State and the Local Government executed a contract on the 14th of June 2007 to effectuate their agreement to construct a new location roadway; 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 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 for the project have been reduced to those shown on the location map. 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 from $11,834,000 to $3,616,904 based on a reduction in limits and a reduced scope of work. In addition, the Construction Responsibilities and the responsibility for the Architectural and Engineering Services are being changed from the State to the Local Government. Articles 4, 9, 10, 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 Page 1 of 9 Revised 03/23/16 EXHIBIT "A" C5J # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension 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 construction of a new 4-lane roadway to be designated as Dowlen Road that will run from approximately 0.15 miles north of Washington Blvd south to approximately 0.15 miles south of Washington Blvd. Drainage improvements to carry storm water runoff from the roadway will be constructed from Jane's Gully on the north end south to the Lower Neches Valley Authority (LNVA) Canal. The overall project limits are shown on Attachment B-1. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government as stated in the Master Agreement. The Local Government 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 State may review and comment on the work as required to accomplish the public purposes of the Local Government. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 10.Construction Responsibilities Construction responsibilities will be carried out by the Local Government as stated in the Master Agreement. 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. AFA—AFA Amend Page 2 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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. 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. AFA—AFA Amend Page 3 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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. 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 h Street 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. AFA AFA_Amend Page 4 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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 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)- AFA—AFA Amend Page 5 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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 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.pd and hftp://www.qpo.gov/fdsVs/pkq/FR-2010-09-14/pdf/2010-22706.pd 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/webforrn; 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. AFA AFA_Amend Page 6 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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. 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 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at singleaudits(dtxdot.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 AFA—AFA Amend Page 7 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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_ 1. 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 # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension 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 el Typed or Printed Name Title Date THE STAIE;OE TEXAS Kenneth Stewart Director of Contract Services Texas Department of Transportation Date AFA—AFA Amend Page 9 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT B-1 PROJECT LOCATION MAP � N i Begin Project - Of c o 0 3641 End Project 41vj� 69 f AFA—AFA Amend Pane 1 of 1 RP.VICP.rI n.,io., /1F CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension 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 otal Estimated Cos Federal Participation tate Participation Local Participation Ost % Cost /o Cost Engineering (by Local Government) 270,000 80% 216,000 % $0 0% $54,000 Construction (by Local Government) 2,956,098 80% 2,364,878 % $0 0% $591,220 Subtotal 3,226,098 2,580,878 0 645,220 Environmental Direct State Costs 175,000 80% 140,000 % $0 0% $35,000 Right of Way Direct State Costs 10 0% 0 % $0 100% 10 Engineering Direct State Cos4(1.69%) 00 80% 8,000 % 0 0% $2,000 Utility Direct State Costs 0% 0 % $0 100% $10 Construction Direct State Co00 80% 40,000 0% $0 0% $10,000 Indirect State Costs (5.27%)786 0% 0 100% $155,786 % $0 TOTAL ,904 2,768,878 155,786 692,240 Initial payment by the Local Government to the State: $91,020 ($37,020 + $54.000*) Payment by the Local Government to the State before construction: $10,000 Estimated total payment by the Local Government to the State $101,020. This is an estimate. The final amount of Local Government participation will be based on actual costs. *$54,000 has already been paid by the Local Government to the State under the original agreement as part of the local share when the Engineering was the State's responsibility. AFA AFA_Amend Page 1 of 1 Revised 03/23/16