HomeMy WebLinkAboutRES 23-139RESOLUTION NO.23-139
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to enter into an
Advanced Funding Agreement with the Texas Department of Transportation (TxDOT)
for the Highway Safety Improvements Program (HS1P) interconnect Signals project,
which is substantially in the form attached hereto as Exhibit "A," and respectively, and
made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551,
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
May 2023.
-- Moor Roy West -
TxDOT:
csi it 1 0920-38-292, 0920-38-293
District tl I 20-BMT I AFA ICI I z00004226
Code Chart 64 103200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
STATE OF TEXAS §
COUNTY OF TRAVIS §
Federal Highway Administration:
CrDA No, 20,205
CFDA Title Highway Planning and Construction
AFA Not Used For Resoarch & Development
ADVANCE FUNDING AGREEMENT
For
Highway Safety Improvement Program
Off -System
THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and
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".
The State and Local Government shall be collectively referred to as "the parties" hereinafter.
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements
to implement its public purposes, and
WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall
design, construct and operate a system of highways in cooperation with local governments, and
Section 222.052 authorizes the Texas Transportation Commission to accept contributions from
political subdivisions for development and construction of public roads and the state highway
system within the political subdivision, and
WHEREAS, federal and state laws require local governments to meet certain contract
standards relating to the management and administration of State and federal funds, and
WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15,50-15.56 that
describe federal, state, and local responsibilities for cost participation in highway improvement
and other transportation projects, and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 116292
authorizing the State to undertake and complete a highway improvement or other transportation
project generally described as 2021 HSIP -- Dowlen Road Adaptive Signaling. The portion of
the project work covered by this Agreement is identified in the Agreement, Article 3, Scope of
Work (Project), and
WHEREAS, the Governing Body of the Local Government has approved entering into this
Agreement by resolution, ordinance, or Commissioners court order dated ,
which is attached to and made a part of this Agreement as Attachment C, Resolution,
Ordinance, or Commissioners Court Order (Attachment C). A map showing the Project location
appears in Attachment A, Location Map Showing Project (Attachment A), which is attached to
and made a part of this Agreement.
AFA l_ongGen Page 1 of 17 Rev. 12/10/2021
"Exhibit A"
TxDQT,
CSJ f1 0920-38-292, 0920-38-293
District 1t 20-UNIT AFA Ill z00004226
Code Chart 64 11 03200
Project dame 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
CFDA No, 20.206
CFDA Title Highway Planning and Construction
AFA Not Used For Research & Development
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties, to be by them respectively kept and performed as set forth in this
Agreement, it is agreed as follows;
AGREEMENT
1, Responsible Parties:
For the Project covered by this Agreement, the parties shall be responsible for the
following work as stated in the article of the Agreement referenced in the table below:
1
Local Government
Utilities —
Article 8
2.
Local Government
Environmental Assessment and Mitigation
Article 9
3.
Local Government
Architectural and Engineering Services
Article 11
4.
State
Construction Rosponsibil[ties
Article 12
5,
Local Government
Right of Way and Real Property
Article 14
2, Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes
the Agreement fully executed. This Agreement shall remain in effect until the Project is
completed or unless terminated as provided below.
3. Scope of Work
The scope of work for the Project consists of interconnecting signals on Dowlen Road.
0920-38-292 includes interconnecting signals on Dowlen Road between Delaware Street
and Eastex Freeway and 0920-38-293 includes interconnecting signals on Dowlen Road
between US 90 and Gladys Avenue as shown in Attachment A.
4, Project Sources and Uses of Funds
The total estimated cost of the Project is shown in Attachment B, Project Budget
(Attachment 8) which is attached to and made a part of this Agreement.
A. If the Local Government will perform any work under this Agreement for which
reimbursement will be provided by or through the State, the Local Government
must complete training. If federal funds are being used, the training must be
completed before federal spending authority is obligated. Training is complete
when at least one individual who is working actively and directly on the Project
successfully completes and receives a certificate for the course entitled "Local
Government Project Procedures and Qualification for the Texas Department of
Transportation" and retains qualification in accordance with applicable TxDOT
procedures. Upon request, the Local Government shall provide the certificate of
qualification to the State. The individual who receives the training certificate may
be an employee of the Local Government or an employee of a firm that has been
contracted by the Local Government to perform oversight of the Project. The
State In its discretion may deny reimbursement if the Local Government has not
AFA LongGen Page 2 of 17 Rev. 1211012021
TOOT: Federal Highway Administration:
CSJ ft 0920-30-292, 0920-30-293 CFDA No, 20.206
District 20•13MT _ AFA ID z00004226 CFDA Title Highway Planning and Constructioci
Cade Chart 64 03200
Project Name 2021 HSIP -- Dowlen Road Interconnect AFA Not Used For Research & Development
Signals
continuously designated in writing a qualified individual to work actively on or to
directly oversee the Project.
B. The expected cash contributions from the federal government, the State, the
Local Government, or other parties are shown in Attachment B. The State will
pay for only those Project costs that have been approved by the Texas
Transportation Commission. For projects with federal funds, 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 (FHWA). 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 100% of the cost of any
work performed under its direction or control before the federal spending
authority is formally obligated.
C. Attachment B shows, by major cost categories, the cost estimates and the party
responsible for performing the work for each category, These categories may
include but are not limited to; (1) costs of real property; (2) costs of utility work;
(3) costs of environmental assessment and remediation; (4) cost of preliminary
engineering and design; (a) cost of construction and construction management;
and (6) any other local project costs.
D. The State will be responsible for securing the federal and State share of the
funding required for the development and construction of the local Project. If the
Local Government is due funds for expenses incurred, these funds will be
reimbursed to the Local Government on a cost basis.
E. The Local Government will be responsible for all non-federal or non -State
participation costs associated with the Project, unless otherwise provided for in
this Agreement or approved otherwise in an amendment to this Agreement. For
items of work subject to specified percentage funding, the Local Government
shall only in those instances be responsible for all Project costs that are greater
than the maximum State and federal participation specified in Attachment B and
for overruns in excess of the amount specified in Attachment B to be paid by the
Local Government,
F. The budget in Attachment B will clearly state all items subject to fixed price
funding, specified percentage funding, and the periodic payment schedule, when
periodic payments have been approved by the State.
G, When the Local Government bears the responsibility for paying cost overruns,
the Local Government shall make payment to the State within thirty (30) days
from the receipt of the State's written notification of additional funds being due.
H. When fixed price funding is used, the Local Government is responsible for the
fixed price amount specified in Attachment B. Fixed prices are not subject to
adjustment unless (1) differing site conditions are encountered; (2) further
definition of the Local Government's requested scope of work identifies greatly
differing costs from those estimated; (3) work requested by the local
Government is determined to be ineligible for federal participation; or (4) the
adjustment is mutually agreed to by the State and the Local Government.
AFA LongGan Page 3 of 17 Rev. 12/10/2021
TxDOT;
— —— Federal Highway Administration:
CSJ 0 0920.38-292, 0920-38-293
District) 20-BMT AFA ID z0o004226
Code Chart 84 03200
Project Name 2021 HSIP -- Dowien Road interconnect
Signals
CFDA No, J 20.206
CFDA Tifla Highway Planning and Construction 1
AFA Not Used For Research & Devolopment
L 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 13, At a
minimum, this amount shall equal the Local Government's funding share for the
estimated cost of preliminary engineering performed or reviewed by the State 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 cost.
J. The State will not execute the contract for the construction of the Project until the
required funding has been made available by the Local Government in
accordance with this Agreement.
K. 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" or may use the State's Automated
Clearing House (ACH) system for electronic transfer of funds in accordance with
instructions provided by TxDOT's Finance Division. The funds shall be deposited
and managed by the State and may only be applied by the State to the Project,
L. The State will not pay interest on any funds provided by the Local Government.
M. if a waiver for the collection of indirect costs for a service project has been
granted under 43 TAC §15,66, the State will not charge the Local Government
for the indirect costs the State incurs on the project, unless this Agreement is
terminated at the request of the Local Government prior to completion of the
Project.
N. if the Local Government is an Economically Disadvantaged County (EDC) and if
the Slate has approved adjustments to the standard financing arrangement, this
Agreement reflects those adjustments.
O. Where the Local Government is authorized to perform services under this
Agreement and be reimbursed by the State, 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.
P. Upon completion of the Project, the State will perform a final accounting of the
Project costs for all items of work with specified percentage funding. Any funds
due by the Local Government, the State, or the federal government for these
work items will be promptly paid by the owing party.
Q. The state auditor may conduct an audit or investigation of any entity receiving
funds from the State directly under this Agreement or indirectly through a
subcontract under this Agreement. Acceptance of funds directly under this
Agreement or indirectly through a subcontract under this Agreement acts as
acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with
those funds. An entity that is the subject of an audit or investigation must provide
the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
AFA LongGen I Page 4 of 17 Rev. 12/1012021
TxDOT:
i Fecleral Highway Administration:
CSJ tk 0920-30-292, 0920-38-293 CFDA No. 20.206
C3istriet # 20 HMT AFA 1[) z00004226 CFDA Title Highway Planning and Construction
Code Chart 64 # 03200
Project Namc 2021 HSIP -- Dowlen Roa€l I1terCO1111CCt AFA Not Used For Research & Developmont
Signals
R. Payment under this Agreement beyond the end of the current fiscal biennium is
subject to availability of appropriated funds. If funds are not appropriated, this
Agreement shall be terminated immediately with no liability to either party.
6. Termination of This Agreement
This Agreement shall remain in effect until the Project is completed and accepted by all
parties, unless:
A. The Agreement is terminated in writing with the mutual consent of the parties;
B. The Agreement is terminated by one party because of a breach, In which case
any costs incurred because of the breach shall be paid by the breaching party;
C. The Local Government elects not to provide funding after the completion of
preliminary engineering, specifications, and estimates (PS&E) and the Project
does not proceed because of insufficient funds, in which case the Local
Government agrees to reimburse the State for its reasonable actual costs
incurred during the Project; or
D. The Agreement Is terminated by the State because the parties are not able to
execute a mutually agreeable amendment when the costs for Local Government
requested items increase significantly due to differing site conditions,
determination that Local government requested work is ineligible for federal or
state cost participation, or a more thorough definition of the Local Government's
proposed work scope identifies greatly differing costs from those estimated. The
State will reimburse Local Government remaining funds to the Local Government
within ninety (90) days of termination; or
E. The Project is Inactive for thirty-six (36) consecutive months or longer and no
expenditures have been charged against federal funds, in which case the State
may In its discretion terminate this Agreement.
6. Amendments
Amendments to this Agreement due to changes in the character of the work, terms of
the Agreement, or responsibilities of the parties relating to the Project may be enacted
through a mutually agreed upon, written amendment.
7, Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any
agreement default, but all remedies existing at law and in equity may be availed of by
either party to this Agreement and shall be cumulative.
8. Utilities
The party named in Article 1, Responsible Parties, under AGREEMENT shall be
responsible for the adjustment, removal, or relocation of utility facilities in accordance
with applicable state laws, regulations, rules, policies, and procedures, including any
cost to the State of a delay resulting from the Local Government's failure to ensure that
utility facilities are adjusted, removed, or relocated before the scheduled beginning of
construction, The Local Government will not be reimbursed with federal or State funds
for the cost of required utility work. The Local Government must obtain advance
approval for any variance from established procedures. Before a construction contract is
AFA LongGen Page 5 of 17 Rev. 12/10/2021
Tx D OT:
CSJ tE 1 0920-38-292, 0920-38-293
District # 2043MT AFA ID z0000a226
I Code Chart 64 It 1 03200 1
Federal Highway Adrninlstration:
CFDA No. 20.205
CFDA Trtre Highway Planning and Construction
2021 HSIP -- Dowien Road Interconnect
Project i`fame AFA Not used For Research & pevetopinetrt
—I Signals _�.
I-J—
let, the Local Government shall provide, at the State's request, a certification stating that
the Local Government has completed the adjustment of all utilities that must be adjusted
before construction is commenced.
9. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental
Policy Act and the National Historic Preservation Act of 1966, which require
environmental clearance of federal -aid projects. The party named in Article 1,
Responsible Parties, under AGREEMENT is responsible for the following,
A. The identification and assessment of any environmental problems associated
with the development of a local project governed by this Agreement.
B. The cost of any environmental problem's mitigation and remediation.
C. Providing any public meetings or public hearings required for the environmental
assessment process. Public hearings will not be held prior to the approval of the
Project schematic.
D. The preparation of the NEPA documents required for the environmental
clearance of this Project.
If the Local Government is responsible for the environmental assessment and mitigation,
before the advertisement for bids, the Local Government shall provide to the State
written documentation from the appropriate regulatory agency or agencies that all
environmental clearances have been obtained.
10. Compliance with Accessibility Standards
All parties to this Agreement shall ensure that the plans for and the construction of all
projects subject to this Agreement are In compliance with standards issued or approved
by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent
with minimum accessibility requirements of the Americans with Disabilities Act (P,L, 1 D1-
336) (ADA).
11. Architectural and Engineering Services
The party named in Article 1, Responsible Parties, under AGREEMENT has
responsibility for the performance of architectural and engineering services. The
engineering plans shall be developed in accordance with the applicable State's Standard
Specifications for Construction and Maintenance of Highways, Streets and Bridges and
the special specifications and special provisions related to it. 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
(AASI-ITO) design standards.
In procuring professional services, the parties to this Agreement must comply with
federal requirements cited in 23 CFR Part 172 if the Project is federally funded and with
Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for
federally funded projects must conform to federal requirements, specifically including the
provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and
AF'A LongGen Page 6 of 17 Rev. 12/10/2021
TXDOT:
CSJ It 0920-38-292, 0920-30-293
Dlstrlct tP I 20-BMT I AFA iD 1 z00004226
Cade Chart 64 # 03200
Project Name 2021 HSW -- Dowlen Road Interconnect
Signals
Federal Highway Administration:
CFDA No. 1 20,206
CFDA TIEic Highway Planning and Construction
AFA Not Used For Research & Development
environmental matters. If the Local Government is the responsible party, the Local
Government shall submit its procurement selection process for prior approval by the
State. All professional services contracts must be reviewed and approved by the State
prior to execution by the Local Government.
12. Construction Responsibilities
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible
for the following:
A. Advertise for construction bids, issue bid proposals, receive and tabulate the
bids, and award and administer the contract for construction of the Project.
Administration of the contract includes the responsibill[y for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders that may become necessary subsequent
to the award of the construction contract. In order to ensure federal funding
eligibility, projects must be authorized by the State prior to advertising for
construction.
B. If the State is the responsible party, the State will use its approved contract
letting and award procedures to let and award the construction contract.
C. If the Local Government is the responsible party, the Local Government shall
submit its contract letting and award procedures to the State for review and
approval prior to letting,
D. If the Local Government Is the responsible party, the State must concur with the
low bidder selection before the local Government can enter into a contract with
the vendor.
E. If the Local Government is the responsible party, the State must review and
approve change orders.
F. Upon completion of the Project, the party responsible for constructing the Project
will issue and sign a "Notification of Completion" acknowledging the ProjecVs
construction completion and submit certification(s) sealed by a professional
engineer(s) licensed in the State of Texas.
G. For federally funded contracts, the parties to this Agreement will comply with
federal construction requirements cited in 23 CFR Part 635 and with
requirements cited in 23 CFR Fart 633, and shall Include the latest version of
Form "FHWA-1273" In the contract bidding documents. If force account work will
be performed, a finding of cost effectiveness shall be made in compliance with 23
CFR 635, Subpart R.
13. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads and
locally owned facilities after completion of the work. Tile State shall be responsible for
maintenance of the State highway system after completion of the work if the work was
on the State highway system, unless otherwise provided for in existing maintenance
agreements with the Local Government.
AFA LongGen Page 7 of 17 Rev. 12/10/2021
TxDOT:
GS.I # 0920-38-292, 0920-36-293
District # 1 20 13MT AFA lD Z00004226
Code Chart 64 It 03200
Pro eat Name 2021 HSIP — Dowlen Road Intereonneot
signals
Federal Highway AdmInistratlon:
GFDA No. 20.206
CFDA Title Highway Planning and Construction
AFA Not Used For Research & Development
14. Right of Way and Real Property
The party named in Article 1, Responsible Parties, Linder AGREEMENT is responsible
for the provision and acquisition of any needed right of way or real property.
The Local Government shall be responsible for the following;
A. Flight of way and real property acquisition shaft be the responsibility of the Local
Government. Title to right of way and other related real property must be
acceptable to the State before funds may be expended for the improvement of
the right of way or real property.
B. if the Local Government is the owner of any part of the Project site under this
Agreement, the Local Government shall permit the State or Its authorized
representative access to occupy the site to perform all activities required to
execute the work.
C. All parties to this Agreement will comply with and assume the costs for
compliance with all the requirements of Title II and Title III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title
42 U.S.C.A, Section 4601 et seq., including those provisions relating to incidental
expenses incurred by the property owners in conveying the real property to the
Local Government and benefits applicable to the relocation of any displaced
person as defined in 49 CF=R Section 24.2(g). Documentation to support such
compliance must be maintained and made available to the State and its
representatives for review and inspection.
D. The Local Government shall assume all costs and perform necessary
requirements to provide any necessary evidence of title or right of use in the
name of the Local Government to the real property required for development of
the Project. The evidence of title or rights shall be acceptable to the State, and
be free and clear of all encroachments. The Local Government shall secure and
provide easements and any needed rights of entry over any other land needed to
develop the Project according to the approved Project plans. The Local
Government shall be responsible for securing any additional real property
required for completion of the Project.
E. to the event real property is donated to the Local Government after the date of
the State's authorization, the Local Government will provide all documentation to
the State regarding fair market value of the acquired property. The State will
review the Local Government's appraisal, determine the fair market value and
credit that amount towards the Local Government's financial share. If donated
property is to be used as a funding match, it may not be provided by the Local
Government. The State will not reimburse the Local Government for any real
property acquired before execution of this Agreement and the obligation of
federal spending authority.
F. The Local Government shall prepare real property maps, property descriptions,
and other data as needed to properly describe the real property and submit them
to the State for approval prior to the Local Government acquiring the real
property. Tracings of the maps shall be retained by the Local Government for a
permanent record.
AFA LongGen Page 8 of 17 Rev. 12/10/2021
TXDOT:
CSJ t€ 0920-38-292, 0020-30-293
District # 20 SMT _--. A> A ID z00 104226
Code Chart 64 # 03200 mm
Project Name 2021 HSIP -- Dowlen Road interconnect
Signals
_........ ._...-.._--- -
Federal Highway Administration:
CFDA No. 20.206
CFDA TIlie Highway Planning and COnstrlletloll
AFA Not Used ForRose7rc€] & Dovo€opment
G. The Local Government agrees to make a determination of properly values for
each real property parcel by methods acceptable to the State and to submit to
the State a tabulation of the values so determined, signed by the appropriate
Local Government representative. The tabulations shall list the parcel numbers,
ownership, acreage and recommended compensation. Compensation shall be
shown in the component parts of land acquired, itemization of improvements
acquired, damages (if any) and the amounts by which the total compensation will
be reduced if the owner retains improvements. This tabulation shall be
accompanied by an explanation to support the determined values, together with
a copy of information or reports used in calculating all determined values.
Expenses incurred by the Local Government in performing this work may be
eligible for reimbursement after the Local Government has received written
authorization by the State to proceed with determination of real property values.
The State will review the data submitted and may base its reimbursement for
parcel acquisitions on these values.
H. Reimbursement for real property costs will be made to the Local Government for
real property purchased in an amount not to exceed eighty percent (80%) of the
cost of the real property purchased in accordance with the terms and provisions
of this Agreement. Reimbursement will be In an amount not to exceed eighty
percent (80%) of the State's predetermined value of each parcel, or the net cost
of the parcel, whichever is less. In addition, reimbursement will be made to the
Local Government for necessary payments to appraisers, expenses incurred in
order to assure good title, and costs associated with the relocation of displaced
persons and personal property as well as incidental expenses.
1. If the Project requires the use of real property to which the Local Government will
not hold title, a separate agreement between the owners of the real property and
the Local Government must be executed prior to execution of this Agreement.
The separate agreement must establish that the Project will be dedicated for
public use for a period of not less than 10 (ten) years after completion. The
separate agreement must define the responsibilities of the parties as to the use
of the real property and operation and maintenance of the Project after
completion_ The separate agreement must be approved by the State prior to Its
execution. A copy of the executed agreement shall be provided to the State.
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.
APA LongGen Page 9 of 17 Rev. 12110/2021
TWOT:
CSJ it
0920�36-292, 0920.3B-293
Districtif I 20-13f T I AFA ID I x00004226
Codo Chart 64 ## 1 03200 1
Fodoral Highway Administration:
CFDA No. 1 20.206
CFDA Tltie Highway Planning and Construction
2021 HSIP — Dowlen Road Interconnect
Project blame AFA Not Used For Research & Development
Signals
16. Notices
Ail 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 of Beaumont
ATTN: City Manager
801 Main Street Suite #300
Beaumont, TX, 77701
State:
Texas Department of Transportation
ATTN: Director of Contract Services
125 E. 11 1h Street
Austin, TX 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.
17. Legal Construction
If one or more of the provisions contained in this Agreement shall for any reason be held
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions and this Agreement shall be
construed as if it did.not contain the invalid, illegal, or unenforceable provision.
18. Responsibilities of the Parties
The State and the Local Government agree that neither party Is an agent, servant, or
employee of the other party, and each party agrees it is responsible for its individual acts
and deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents.
19. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the State
shall remain the property of the State. All data and information prepared under this
Agreement shall be made available to the State without restriction or limitation on their
further use. All docurents produced or approved or otherwise created by the Local
Government shall be transmitted to the State, in the format directed by the State, on a
monthly basis or as required by the State. The originals shall remain the property of the
Local Government. .
20. Compliance with taws
The parties to this Agreement shall comply with all federal, state, and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any mannbr affecting the performance of this
Agreement. When required, the Local Government shall furnish the State with
satisfactory proof of this compliance.
AI=A LongGen Page 10 of 17 Rev, 12/1012021
TxDOT: Federal Highway Administration:
CSJ It I 0920-30.292, 0920-38-293
District # 20-DNIT AI=A ID z00o04220
Coda Chart 04 ll 03200
Project Wine 2021 HSIP — Dowien Road Interconnect
Signals
CFDA No, M206
CF'DA Title Highway Planning and Constructlo��
AFA Not Used For Research R Development
21. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement's subject matter.
22. Cost Principles
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.
23. Procurement and Property Management Standards
The parties to this Agreement shall adhere to the procurement and property
management standards established in 2 Cl'R 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the
Texas Uniform Grant Management Standards. The State must pre -approve the Local
Government's procurement procedures for purchases to be eligible for state or federal
funds.
24. Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers, accounting
records, and other documentation relating to costs incurred under this Agreement and
shall make such materials available to the State, the Local Government, and, if federally
funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized
representatives for review and inspection at its office during the Agreement period and
for seven (7) years from the date of final reimbursement by FHWA under this Agreement
or until any impending litigation or claims are resolved. Additionally, the State, the Local
Government, and the FHWA and their duly authorized representatives shall have access
to all the governmental records that are directly applicable to this Agreement for the
purpose of making audits, examinations, excerpts, and transcriptions.
26, Civil Rights Compliance
The parties to this Agreement are responsible for the following:
A. Compliance with Regulations: Both parties 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 Agreement, 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 Agreement
covers any activity, project, or program set forth in Appendix B of 49 CFR Part
21.
AFA LongGen Page 11 of 17 Rev. 12/1012021
'rxDOT:
cSJ 11 0920-38-292, 0920.30-293
District 11 20-DMT AFA it? Z00004226
Code chart 6411 103200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
CrDA No, 20,205
GFDA Title Highway Planning and Construction
APA Not Used For Research & Development
C. Solicitations for Subcontracts, Including Procurement of Materials and
EquOment: 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 Agreement 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 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 FHWA, 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 Agreement, the
State will impose such contract sanctions as it or the FHWA may determine to be
appropriate, including, but not limited to:
1. withholding of payments to the Local Government under the Agreement until
the Local Government complies and/or
2. cancelling, terminating, or suspending of the Agreement, 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.
26, Pertinent Non -Discrimination Authorities
During the performance of this Agreement, each party, 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.G. § 2000d et seq., 78 stat. 252),
(pro-hibits 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
AFA LongGen Page 12 of 17 Rev. 12/1012021
r TxppT;------..
(;SJ t1 J 0920-3B-292, 0920-38-293
I District tl 120-BMT I AFA ID I z00004226 I
Code Chad 64 1 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
CI;DA No, 20,205
CFDA Title Highway Planning and Construction
AFA Not Used For Research & Development
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 sox).
D. Section 604 of the Rehabilitation Act of 1973, (29 U.S,C. § 794 et seq.) as
amended, (prohibits discrimination on the basis of disability), and 49 CER Part
27.
E, The Age Discrimination Act of 1976, as amended, (42 U &C, § 6101 et seq.),
(prohibits discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.&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 ll and III of the Americans with Disabilities Act, which prohibits
discrimination on the basis of disability in the operation of public entitles, public
and private transportation systems, places of public accommodation, and certain
testing entities (42 US.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.).
27. Disadvantaged Business Enterprise (DBE) Program Requirements
If federal funds are used:
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
AFA LongGen Page 13 of 17 Rev. 1211012021
TxDOT;
CSJ it 0920.30.292, 0920-3B-293
Distr€ct # I 20-BMT I AFA ID 1 Z00004226
Code Chart 64 J 03200
Project Name 2021 HSIP •- Dowlen Road Interconnect
Signals
Federal Highway Ad minis trail on,.
CFDA No. 20.206
CFDA Title Highway Panning and Construction
AFA Not Used For Research & Development
B. The Local Government shall adopt, in its totality, the State's federally approved
DBE program.
C. The Local Government shall Incorporate Into its contracts with subproviders 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 submit its proposed scope
of services and quantity estimates to the State to allow the State to establish a
DBE goal for each Local Government contract with a subprovider. The Local
Government 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:/iftp.dot.state,tx.us/publtxdot-
infolbopldbeimoulmou 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 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 DO T -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.
28. Debarment Certifications
If federal funds are used, 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
AFA LongGen Page 14 of 17 . Rev. 12/10/2021
Tx -DOT:
CSJ ll10920-30.292, 0920-39-293
District ll 120-BMT I AFA ID I z00004226 I
Code Chart 64 103200
Project Name 2021 HSIP — Dowlen Road interconnect
Signals
Federal Highway Administration:
CFDA No. 20.206
CFDA Title Highway Planning and Construction
AFA Not Used For Research & Development
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
Agreement shall require any party to a subcontract or purchase order awarded under
this Agreement to certify its eligibility to receive federal funds and, when requested by
the State, to furnish a copy of the certification.
If state funds are used, the parties are prohibited from making any award to any party
that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20,
Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1,
Chapter 9, Subohapter G.
29. Lobbying Certification
If federal funds are used, in executing this Agreement, each signatory certifies to the
best of that signatory's knowledge and belief, that:
A. No federal appropriated funds have been paid or will be paid by or on behalf of
the parties to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with federal contracts, grants,
loans, or cooperative agreements, the signatory for the Local Government shall
complete and submit the Federal Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
C. The parties shall require that the language of this certification shall be included in
the award documents for all sub -awards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
all sub -recipients shall certify and disclose accordingly. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by Title 31 U.S.C, §1352. Any person who falls to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
30, Federal Funding Accountability and Transparency Act Requirements
If federal funds are used, the following requirements apply:
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: I)ttD://wv+rw.QDo.00v/fdsysft)kg/FR-2010-09-
AFA LongGen Page 15 of 17 Rev. 12/10/2021
MOT, Pectoral Highway Administration:
CSJ it 1 0920-39-292, 0920-30-293
District tl I 20-131VIT I AFA ID 1 Z00004226
Code Chart 64 it 103200
project Nance 2021 HSIP -- Dowlen Road interconnect
Signals
CFDA No. 20,205
CFDA Title Highway Planning and Construction
AFA Not Used For Research & Development
141pdf12010-22705.pdf and http:flwww.gpo.gov/fdsysipkq/FR-2010-09-
14/pdf12010-22706.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:Ilwww.sam.govlportallpubliciSAMI
2. Obtain and provide to the State a Data Universal Numbering System (DUNS)
number, a unique nine -character number that allows federal government to
track the distribution of federal money. The DUNS may be requested free of
charge for all businesses and entities required to do so by visiting the Dun &
Bradstreet (D&B) on-line registration website http://fed.gov.dnb,coiii/webfoi-m;
and
3. Report the total compensation and names of its top five 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.
31. Single Audit Report
If federal funds are used:
A. The parties shall comply with the single audit report requirements stipulated in 2
CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
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 by email at
singleauditsCTtxdot.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.
AFA LongGen Page 16 of 17 Rev. 12/10/2021
___..._ ....--...._.__ ----- ---- _. — ..
TxDOT:
CSJ # 0920-38-292, 0920-38-293
District # 20-S13 AFA ID zggqq4226
Code Chart 64 lE 103200
ProJect Name 2021 HSIP Dowlen Roast Interconnect
Signals
Federal Highway Administration __.__.._.___.__—___--•--
CFDA No. 20.205 _...._
CFDA Title Highway Planning and Construction
AFA Not Usod For Research & Devoloprtront
32. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
Agreement on behalf of the entity represented.
Each party is signing this Agreement on the date stated under that party's signature.
THE STATE OF TEXAS THE LOCAL, GOVERNMENT
Signature Signature
Kenneth Stewart Kenneth R. Williams
Typed or Printed Name Typed or Printed Name
Director of Contract Services City Manager
Typed or Printed Title Typed or Printed Title
Date Date
AFA L,ongGen Page 17 of 17 Rev. 12/1012021
TxDOT:
CSJ It 0920-38-292,092M8.293
District 0 1 20-BMT I AFA ID I Z00004226
Code Chart 64 ft 1032-00
Project Nance 2021 HSIP — Dowlon Road Interconnect
I signals
redoral Highway Administration:
CFT)A No. 20.200
CFDA Title Highway Planning and Construction
AFA Not Used For Research & Development
ATTACHMENT A
LOCATION MAP SHOWING PROJECT
O
A
j
.A
L Z& f,
csjl o920-38-2.9
Delaware straal P.gplpj) bad Pram
to E4%tOX Freeway
-T
0014wara streal Mtwara Strw
"W L
0920-313-292 — Dowlen Road from Delaware Street to Eastex Freeway
Page 1 of 2
AFA LonqGen AftachmentA
TxDQT:
CSJ # 0920-38-202,0920-38-293
—Elstrlct # I 20-BMT I AFA ]q �ZN004226
Code Chart 64 A 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
I Signals
Gladys Avenue
A :t,
Federal Highway Administration:
CFDA No. 20.205
CFDA Title I Highway Planning and Construction
AFA Not Used For Research & Development
ATTACHMENT A
LOCATION MAP SHOWING PROJECT
ladys ftvanue 3IADY
I A R R
Rc�WLR!) Road from US 90 to Wadyj Avanue
"O'clUn
L A 10 lk
L 1. A V
C
J
i.
A
X.
J
0920-38-293 — Dowlen Road from US 90 to Gladys Avenue
Page 2 of 2
AFA LongGen AttachnientA
TxDOT:
Csi il0920-38-292, 0920-38-293
District ft 20-I1MT Ar'A ID
Federal Highway Administration:
CFDA No. 20,206
z00004226 CFDA Title Highway Planning and Construction
Code Chart 64 fF 1 03200 j
Project Name 2021 HSIP — Dowleil Roar{ Interconnect ApA Not Used For Research & Development
Slgnala
ATTACHMENT 6
PROJECT BUDGET
Construction costs will be allocated based on 100% Federal funding until the Federal funding
reaches the maximum obligated amount. The Local Government will then be responsible for all
other costs including overruns.
CSJ 0920-38-292
Description
otal Estimated
Cost
11%
Federal
Participation
State
IParticipation
•Local
',Participation
Cost
%
Cost
% 1cost
Engineering (by Local
Government)
$35,000
0%
$0
0%
$0
100%
$35,000
Environmental (by Local
Government
$1
0%
$0
0%
$0
100%
$1
Right of Way (by Local
Government)
$1
0%
$0
0%
$0
100%
$1
Utility (by Local
Government)
$1
0%
$0
0%
$0
100%
$1
Construction (by State)
$213,300
100%
$213,300
0%
$0
0%
$0
Subtotal
$248,303
.$213,300
$0
$35,003
Environmental Direct
State Costs
$500
0%
$0
0%
$0
100%
$500
Engineering Direct State
Costs
1$1,250
0%
$0
0%
$0
100%
$1,250
Construction Direct State
Costs
:$11,500
0%
$0
0%
$0
100%
$11,500
Indirect Stale Costs
'08,500
0%
$0
100%
$8,500
0%
$0
TOTAL (0920-38-292)
-$270,053
$213,300
$8,500
$48,253
Page 1 of 2
AFA l_ongGen Attachment B
Tx
CSJ # 0920,38-292, 0920-38-293 u
I District It 120•BMT I AFA ID I z00004226 I
Code Chart 64 1 03200
Project Name 2021 HSIP -- Dowlen Load Interconnect
Signals
Federal Highway AdmInlstration;
CFDA No. 20.206
CFAA Title Highway Planning and Construction
CSJ 0920-38-293
AFA Not Used Por Research & Development
Description
Total
Estimated Cost
Federal
Partici ation
State
Partici ation
local
Participation
%
Cost
%
Cost
% Icost
Engineering (by Local
Government
$35,000
0%
$0
.0%
$0
100%
$35,000
Environmental (by Local
Government)
$1
0%
$0
0%
$0
100%
$1
Right of Way (by Local !
Government
$1
00/.
$0
0%
$0
100%
$1
Utility (by Local
Government)
$1
0%
$0
0%
$0
100%
$1
Construction (by State)
$153,900
100%
$163,900
0%
$0
0%
$0
Subtotal
$188,903
$153,900
$0
$35,003
Environmental Direct
State Costs
$500
0%
$0
0%
$0
100%
$500
Engineering Direct State
Costs
$1,250
0%
$0
0%
$0
100%
$1,250
Construction Direct State
Costs
$11,500
0%
$0
0%
$0
100%
$11,500
Indirect State Casts
$8,500
0%
$0
100%
$8,500
0%
$0
TOTAL (0920-38-293)
$210,653
$153,900
$8,500
$48,253
PROJECTTOTAL:
$480,706
I
$367,200
$17,000
$96,506
Initial payment by the Local Government to the State: $3,506,00
Payment by the Local Government to the State before construction: $23,000.00
Estimated total payment by the Local Government to the State $96,506.00 This is an estimate,
The final amount of Local Government participation will be based on actual costs.
Page 2 of 2
AFA LongGen Attachment B
TXDOT:
C$J l# 0920-30-292, 0920-3€3-293
t3lstrict 20•BMT AP OD z00004226
Cade Chart 64 it 103200
Project Name 2021 HSiP — Dowien Road interconnact
Signals
Federal Highway Administration:
CFDA No, 20.205
CFDA Title Highway Planning and Construction
AFA Not Used ForRosearch & Development
ATTACHMENT C
RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER
Page 1 of 1
AFA LongGen Aftachment C
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
STATE OF TEXAS §
COUNTY OF TRAMS §
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
ADVANCE FUNDING AGREEMENT
For
Highway Safety Improvement Program
Off -System
THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and
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".
The State and Local Government shall be collectively referred to as "the parties" hereinafter.
WIT N ESS ET H
WHEREAS, federal law establishes federally funded programs for transportation improvements
to implement its public purposes, and
WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall
design, construct and operate a system of highways in cooperation with local governments, and
Section 222.052 authorizes the Texas Transportation Commission to accept contributions from
political subdivisions for development and construction of public roads and the state highway
system within the political subdivision, and
WHEREAS, federal and state laws require local governments to meet certain contract
standards relating to the management and administration of State and federal funds, and
WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that
describe federal, state, and local responsibilities for cost participation in highway improvement
and other transportation projects, and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 116292
authorizing the State to undertake and complete a highway improvement or other transportation
project generally described as 2021 HSIP — Dowlen Road Adaptive Signaling. The portion of
the project work covered by this Agreement is identified in the Agreement, Article 3, Scope of
Work (Project), and
WHEREAS, the Governing Body of the Local Government has approved entering into this
Agreement by resolution, ordinance, or commissioners court order dated May 16, 2023, which
is attached to and made a part of this Agreement as Attachment C, Resolution, Ordinance, or
Commissioners Court Order (Attachment C). A map showing the Project location appears in
Attachment A, Location Map Showing Project (Attachment A), which is attached to and made a
part of this Agreement.
AFA Long Ge n Page 1 of 17 Rev. 12/ 10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties, to be by them respectively kept and performed as set forth in this
Agreement, it is agreed as follows:
AGREEMENT
1. Responsible Parties:
For the Project covered by this Agreement, the parties shall be responsible for the
following work as stated in the article of the Agreement referenced in the table below:
1
Local Government
Utilities
Article 8
2.
Local Government
Environmental Assessment and Mitigation
Article 9
3.
Local Government
Architectural and Engineering Services
Article 11
4.
State
Construction Responsibilities
Article 12
5.
Local Government
Right of Way and Real Property
Article 14
2. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes
the Agreement fully executed. This Agreement shall remain in effect until the Project is
completed or unless terminated as provided below.
3. Scope of Work
The scope of work for the Project consists of interconnecting signals on Dowlen Road.
0920-38-292 includes interconnecting signals on Dowlen Road between Delaware Street
and Eastex Freeway and 0920-38-293 includes interconnecting signals on Dowlen Road
between US 90 and Gladys Avenue as shown in Attachment A.
4. Project Sources and Uses of Funds
The total estimated cost of the Project is shown in Attachment B, Project Budget
(Attachment B) which is attached to and made a part of this Agreement.
A. If the Local Government will perform any work under this Agreement for which
reimbursement will be provided by or through the State, the Local Government
must complete training. If federal funds are being used, the training must be
completed before federal spending authority is obligated. Training is complete
when at least one individual who is working actively and directly on the Project
successfully completes and receives a certificate for the course entitled "Local
Government Project Procedures and Qualification for the Texas Department of
Transportation" and retains qualification in accordance with applicable TxDOT
procedures. Upon request, the Local Government shall provide the certificate of
qualification to the State. The individual who receives the training certificate may
be an employee of the Local Government or an employee of a firm that has been
contracted by the Local Government to perform oversight of the Project. The
State in its discretion may deny reimbursement if the Local Government has not
AFA Long Ge n Page 2 of 17 Rev. 12/ 10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
continuously designated in writing a qualified individual to work actively on or to
directly oversee the Project.
B. The expected cash contributions from the federal government, the State, the
Local Government, or other parties are shown in Attachment B. The State will
pay for only those Project costs that have been approved by the Texas
Transportation Commission. For projects with federal funds, 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 (FHWA). 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 100% of the cost of any
work performed under its direction or control before the federal spending
authority is formally obligated.
C. Attachment B shows, by major cost categories, the cost estimates and the party
responsible for performing the work for each category. These categories may
include but are not limited to: (1) costs of real property; (2) costs of utility work;
(3) costs of environmental assessment and remediation; (4) cost of preliminary
engineering and design; (5) cost of construction and construction management;
and (6) any other local project costs.
D. The State will be responsible for securing the federal and State share of the
funding required for the development and construction of the local Project. If the
Local Government is due funds for expenses incurred, these funds will be
reimbursed to the Local Government on a cost basis.
E. The Local Government will be responsible for all non-federal or non -State
participation costs associated with the Project, unless otherwise provided for in
this Agreement or approved otherwise in an amendment to this Agreement. For
items of work subject to specified percentage funding, the Local Government
shall only in those instances be responsible for all Project costs that are greater
than the maximum State and federal participation specified in Attachment B and
for overruns in excess of the amount specified in Attachment B to be paid by the
Local Government.
F. The budget in Attachment B will clearly state all items subject to fixed price
funding, specified percentage funding, and the periodic payment schedule, when
periodic payments have been approved by the State.
G. When the Local Government bears the responsibility for paying cost overruns,
the Local Government shall make payment to the State within thirty (30) days
from the receipt of the State's written notification of additional funds being due.
H. When fixed price funding is used, the Local Government is responsible for the
fixed price amount specified in Attachment B. Fixed prices are not subject to
adjustment unless (1) differing site conditions are encountered; (2) further
definition of the Local Government's requested scope of work identifies greatly
differing costs from those estimated; (3) work requested by the Local
Government is determined to be ineligible for federal participation; or (4) the
adjustment is mutually agreed to by the State and the Local Government.
AFA Long Ge n Page 3 of 17 Rev. 12/ 10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
I. 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 B. At a
minimum, this amount shall equal the Local Government's funding share for the
estimated cost of preliminary engineering performed or reviewed by the State 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 cost.
J. The State will not execute the contract for the construction of the Project until the
required funding has been made available by the Local Government in
accordance with this Agreement.
K. 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" or may use the State's Automated
Clearing House (ACH) system for electronic transfer of funds in accordance with
instructions provided by TxDOT's Finance Division. The funds shall be deposited
and managed by the State and may only be applied by the State to the Project.
L. The State will not pay interest on any funds provided by the Local Government.
M. If a waiver for the collection of indirect costs for a service project has been
granted under 43 TAC §15.56, the State will not charge the Local Government
for the indirect costs the State incurs on the Project, unless this Agreement is
terminated at the request of the Local Government prior to completion of the
Project.
N. If the Local Government is an Economically Disadvantaged County (EDC) and if
the State has approved adjustments to the standard financing arrangement, this
Agreement reflects those adjustments.
O. Where the Local Government is authorized to perform services under this
Agreement and be reimbursed by the State, 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.
P. Upon completion of the Project, the State will perform a final accounting of the
Project costs for all items of work with specified percentage funding. Any funds
due by the Local Government, the State, or the federal government for these
work items will be promptly paid by the owing party.
Q. The state auditor may conduct an audit or investigation of any entity receiving
funds from the State directly under this Agreement or indirectly through a
subcontract under this Agreement. Acceptance of funds directly under this
Agreement or indirectly through a subcontract under this Agreement acts as
acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with
those funds. An entity that is the subject of an audit or investigation must provide
the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
AFA Long Ge n Page 4 of 17 Rev. 12/ 10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
R. Payment under this Agreement beyond the end of the current fiscal biennium is
subject to availability of appropriated funds. If funds are not appropriated, this
Agreement shall be terminated immediately with no liability to either party.
5. Termination of This Agreement
This Agreement shall remain in effect until the Project is completed and accepted by all
parties, unless:
A. The Agreement is terminated in writing with the mutual consent of the parties;
B. The Agreement is terminated by one party because of a breach, in which case
any costs incurred because of the breach shall be paid by the breaching party;
C. The Local Government elects not to provide funding after the completion of
preliminary engineering, specifications, and estimates (PS&E) and the Project
does not proceed because of insufficient funds, in which case the Local
Government agrees to reimburse the State for its reasonable actual costs
incurred during the Project; or
D. The Agreement is terminated by the State because the parties are not able to
execute a mutually agreeable amendment when the costs for Local Government
requested items increase significantly due to differing site conditions,
determination that Local government requested work is ineligible for federal or
state cost participation, or a more thorough definition of the Local Government's
proposed work scope identifies greatly differing costs from those estimated. The
State will reimburse Local Government remaining funds to the Local Government
within ninety (90) days of termination; or
E. The Project is inactive for thirty-six (36) consecutive months or longer and no
expenditures have been charged against federal funds, in which case the State
may in its discretion terminate this Agreement.
6. Amendments
Amendments to this Agreement due to changes in the character of the work, terms of
the Agreement, or responsibilities of the parties relating to the Project may be enacted
through a mutually agreed upon, written amendment.
7. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any
agreement default, but all remedies existing at law and in equity maybe availed of by
either party to this Agreement and shall be cumulative.
8. Utilities
The party named in Article 1, Responsible Parties, under AGREEMENT shall be
responsible for the adjustment, removal, or relocation of utility facilities in accordance
with applicable state laws, regulations, rules, policies, and procedures, including any
cost to the State of a delay resulting from the Local Government's failure to ensure that
utility facilities are adjusted, removed, or relocated before the scheduled beginning of
construction. The Local Government will not be reimbursed with federal or State funds
for the cost of required utility work. The Local Government must obtain advance
approval for any variance from established procedures. Before a construction contract is
AFA Long Ge n Page 5 of 17 Rev. 12/ 10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
let, the Local Government shall provide, at the State's request, a certification stating that
the Local Government has completed the adjustment of all utilities that must be adjusted
before construction is commenced.
9. Environmental Assessment and Mitigation
Development of a transportation project must complywith the National Environmental
Policy Act and the National Historic Preservation Act of 1966, which require
environmental clearance of federal -aid projects. The party named in Article 1,
Responsible Parties, under AGREEMENT is responsible for the following:
A. The identification and assessment of any environmental problems associated
with the development of a local project governed by this Agreement.
B. The cost of any environmental problem's mitigation and remediation.
C. Providing any public meetings or public hearings required for the environmental
assessment process. Public hearings will not be held prior to the approval of the
Project schematic.
D. The preparation of the NEPA documents required for the environmental
clearance of this Project.
If the Local Government is responsible for the environmental assessment and mitigation,
before the advertisement for bids, the Local Government shall provide to the State
written documentation from the appropriate regulatory agency or agencies that all
environmental clearances have been obtained.
10. Compliance with Accessibility Standards
All parties to this Agreement shall ensure that the plans for and the construction of all
projects subject to this Agreement are in compliance with standards issued or approved
by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent
with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-
336) (ADA).
11. Architectural and Engineering Services
The party named in Article 1, Responsible Parties, under AGREEMENT has
responsibility for the performance of architectural and engineering services. The
engineering plans shall be developed in accordance with the applicable State's Standard
Specifications for Construction and Maintenance of Highmays, Streets and Bridges and
the special specifications and special provisions related to it. 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
(AASHTO) design standards.
In procuring professional services, the parties to this Agreement must comply with
federal requirements cited in 23 CFR Part 172 if the Project is federally funded and with
Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for
federally funded projects must conform to federal requirements, specifically including the
provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and
AFA Long Ge n Page 6 of 17 Rev. 12/ 10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
environmental matters. If the Local Government is the responsible party, the Local
Government shall submit its procurement selection process for prior approval by the
State. All professional services contracts must be reviewed and approved by the State
prior to execution by the Local Government.
12. Construction Responsibilities
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible
for the following:
A. Advertise for construction bids, issue bid proposals, receive and tabulate the
bids, and award and administer the contract for construction of the Project.
Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders that may become necessary subsequent
to the award of the construction contract. In order to ensure federal funding
eligibility, projects must be authorized by the State prior to advertising for
construction.
B. If the State is the responsible party, the State will use its approved contract
letting and award procedures to let and award the construction contract.
C. If the Local Government is the responsible party, the Local Government shall
submit its contract letting and award procedures to the State for review and
approval prior to letting.
D. If the Local Government is the responsible party, the State must concur with the
low bidder selection before the Local Government can enter into a contract with
the vendor.
E. If the Local Government is the responsible party, the State must review and
approve change orders.
F. Upon completion of the Project, the party responsible for constructing the Project
will issue and sign a "Notification of Completion" acknowledging the Project's
construction completion and submit certification(s) sealed by a professional
engineer(s) licensed in the State of Texas.
G. For federally funded contracts, the parties to this Agreement will comply with
federal construction requirements cited in 23 CFR Part 635 and with
requirements cited in 23 CFR Part 633, and shall include the latest version of
Form "FHWA 1273" in the contract bidding documents. If force account work will
be performed, a finding of cost effectiveness shall be made in compliance with 23
CFR 635, Subpart B.
13. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads and
locally owned facilities after completion of the work. The State shall be responsible for
maintenance of the State highway system after completion of the work if the work was
on the State highway system, unless otherwise provided for in existing maintenance
agreements with the Local Government.
AFA Long Ge n Page 7 of 17 Rev. 12/ 10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
14. Right of Way and Real Property
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible
for the provision and acquisition of any needed right of way or real property.
The Local Government shall be responsible for the following:
A. Right of way and real property acquisition shall be the responsibility of the Local
Government. Title to right of way and other related real property must be
acceptable to the State before funds may be expended for the improvement of
the right of way or real property.
B. If the Local Government is the owner of any part of the Project site under this
Agreement, the Local Government shall permit the State or its authorized
representative access to occupy the site to perform all activities required to
execute the work.
C. All parties to this Agreement will comply with and assume the costs for
compliance with all the requirements of Title II and Title III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title
42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental
expenses incurred by the property owners in conveying the real property to the
Local Government and benefits applicable to the relocation of any displaced
person as defined in 49 CFR Section 24.2(g). Documentation to support such
compliance must be maintained and made available to the State and its
representatives for review and inspection.
D. The Local Government shall assume all costs and perform necessary
requirements to provide any necessary evidence of title or right of use in the
name of the Local Government to the real property required for development of
the Project. The evidence of title or rights shall be acceptable to the State, and
be free and clear of all encroachments. The Local Government shall secure and
provide easements and any needed rights of entry over any other land needed to
develop the Project according to the approved Project plans. The Local
Government shall be responsible for securing any additional real property
required for completion of the Project.
E. In the event real property is donated to the Local Government after the date of
the State's authorization, the Local Government will provide all documentation to
the State regarding fair market value of the acquired property. The State will
review the Local Government's appraisal, determine the fair market value and
credit that amount towards the Local Government's financial share. If donated
property is to be used as a funding match, it may not be provided by the Local
Government. The State will not reimburse the Local Government for any real
property acquired before execution of this Agreement and the obligation of
federal spending authority.
F. The Local Government shall prepare real property maps, property descriptions,
and other data as needed to properly describe the real property and submit them
to the State for approval prior to the Local Government acquiring the real
property. Tracings of the maps shall be retained by the Local Government for a
permanent record.
AFA Long Ge n Page 8 of 17 Rev. 12/ 10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
G. The Local Government agrees to make a determination of property values for
each real property parcel by methods acceptable to the State and to submit to
the State a tabulation of the values so determined, signed by the appropriate
Local Government representative. The tabulations shall list the parcel numbers,
ownership, acreage and recommended compensation. Compensation shall be
shown in the component parts of land acquired, itemization of improvements
acquired, damages (if any) and the amounts by which the total compensation will
be reduced if the owner retains improvements. This tabulation shall be
accompanied by an explanation to support the determined values, together with
a copy of information or reports used in calculating all determined values.
Expenses incurred by the Local Government in performing this work may be
eligible for reimbursement after the Local Government has received written
authorization by the State to proceed with determination of real property values.
The State will review the data submitted and may base its reimbursement for
parcel acquisitions on these values.
H. Reimbursement for real property costs will be made to the Local Government for
real property purchased in an amount not to exceed eighty percent (80%) of the
cost of the real property purchased in accordance with the terms and provisions
of this Agreement. Reimbursement will be in an amount not to exceed eighty
percent (80%) of the State's predetermined value of each parcel, or the net cost
of the parcel, whichever is less. In addition, reimbursement will be made to the
Local Government for necessary payments to appraisers, expenses incurred in
order to assure good title, and costs associated with the relocation of displaced
persons and personal property as well as incidental expenses.
I. If the Project requires the use of real property to which the Local Government will
not hold title, a separate agreement between the owners of the real property and
the Local Government must be executed prior to execution of this Agreement.
The separate agreement must establish that the Project will be dedicated for
public use for a period of not less than 10 (ten) years after completion. The
separate agreement must define the responsibilities of the parties as to the use
of the real property and operation and maintenance of the Project after
completion. The separate agreement must be approved by the State prior to its
execution. A copy of the executed agreement shall be provided to the State.
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.
AFA Long Ge n Page 9 of 17 Rev. 12/ 10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
16. 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 of Beaumont
ATTN: City Manager
801 Main Street Suite #300
Beaumont, TX, 77701
State:
Texas Department of Transportation
ATTN: Director of Contract Services
125 E . 11 t" Street
Austin, TX 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.
17. Legal Construction
If one or more of the provisions contained in this Agreement shall for any reason be held
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions and this Agreement shall be
construed as if it did not contain the invalid, illegal, or unenforceable provision.
18. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party, and each party agrees it is responsible for its individual acts
and deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents.
19. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the State
shall remain the property of the State. All data and information prepared under this
Agreement shall be made available to the State without restriction or limitation on their
further use. All documents produced or approved or otherwise created by the Local
Government shall be transmitted to the State, in the format directed by the State, on a
monthly basis or as required by the State. The originals shall remain the property of the
Local Government. .
20. Compliance with Laws
The parties to this Agreement shall complywith all federal, state, and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any manner affecting the performance of this
Agreement. When required, the Local Government shall furnish the State with
satisfactory proof of this compliance.
AFA Long Ge n Page 10 of 17 Rev. 12/ 10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
21. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement's subject matter.
22. Cost Principles
In order to be reimbursed with federal funds, the parties shall com ply with the cost
principles established in 2 CFR 200 that specify that all reimbursed costs are allowable,
reasonable, and allocable to the Project.
23. Procurement and Property Management Standards
The parties to this Agreement shall adhere to the procurement and property
management standards established in 2 CFR 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the
Texas Uniform Grant Management Standards. The State must pre -approve the Local
Government's procurement procedures for purchases to be eligible for state or federal
funds.
24. Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers, accounting
records, and other documentation relating to costs incurred under this Agreement and
shall make such materials available to the State, the Local Government, and, if federally
funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized
representatives for review and inspection at its office during the Agreement period and
for seven (7) years from the date of final reimbursement by FHWA under this Agreement
or until any impending litigation or claims are resolved. Additionally, the State, the Local
Government, and the FHWA and their duly authorized representatives shall have access
to all the governmental records that are directly applicable to this Agreement for the
purpose of making audits, examinations, excerpts, and transcriptions.
25. Civil Rights Compliance
The parties to this Agreement are responsible for the following:
A. Compliance with Regulations: Both parties 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 maybe 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 Agreement, 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 Agreement
covers any activity, project, or program set forth in Appendix B of 49 CFR Part
21.
AFA Long Ge n Page 11 of 17 Rev. 12/ 10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
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 Agreement 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 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 FHWA, 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 Agreement, the
State will impose such contract sanctions as it or the FHWA may determine to be
appropriate, including, but not limited to:
1. withholding of payments to the Local Government under the Agreement until
the Local Government complies and/or
2. cancelling, terminating, or suspending of the Agreement, 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.
26. Pertinent Non -Discrimination Authorities
During the performance of this Agreement, each party, 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 vl of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(pro-hibits 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
AFA Long Ge n Page 12 of 17 Rev. 12/ 10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
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, (42 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.
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.).
27. Disadvantaged Business Enterprise (DBE) Program Requirements
If federal funds are used:
A. The parties shall complywith the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
AFA LongGen Page 13 of 17 Rev. 12/10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
B. The Local Government shall adopt, in its totality, the State's federally approved
DBE program.
C. The Local Government shall incorporate into its contracts with subproviders 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 submit its proposed scope
of services and quantity estimates to the State to allow the State to establish a
DBE goal for each Local Government contract with a s ubprovider. The Local
Government 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 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-contractorshall 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.
28. Debarment Certifications
If federal funds are used, 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
AFA Long Ge n Page 14 of 17 Rev. 12/ 10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
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
Agreement shall require any party to a subcontract or purchase order awarded under
this Agreement to certify its eligibility to receive federal funds and, when requested by
the State, to furnish a copy of the certification.
If state funds are used, the parties are prohibited from making any award to any party
that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20,
Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1,
Chapter 9, Subchapter G.
29. Lobbying Certification
If federal funds are used, in executing this Agreement, each signatory certifies to the
best of that signatory's knowledge and belief, that:
A. No federal appropriated funds have been paid or will be paid by or on behalf of
the parties to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with federal contracts, grants,
loans, or cooperative agreements, the signatory for the Local Government shall
complete and submit the Federal Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
C. The parties shall require that the language of this certification shall be included in
the award documents for all sub -awards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
all sub -recipients shall certify and disclose accordingly. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by Title 31 U.S.C. §1352. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
30. Federal Funding Accountability and TransparencyAct Requirements
If federal funds are used, the following requirements apply:
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.qov/fdsys/pkq/FR-2010-09-
AFA Long Ge n Page 15 of 17 Rev. 12/ 10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
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 maybe
obtained by visiting the SAM webs ite whose address is:
https://www.sam.gov/portal/public/SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS)
number, a unique nine -character number that allows federal government to
track the distribution of federal money. The DUNS may be requested free of
charge for all businesses and entities required to do so by visiting the Dun &
Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform;
and
3. Report the total compensation and names of its top five 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.
31. Single Audit Report
If federal funds are used:
A. The parties shall complywith the single audit report requirements stipulated in 2
CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
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 TxD OT's Com pl iance D ivis ion by em ail at
s i ng leaud its (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.
AFA Long Ge n Page 16 of 17 Rev. 12/ 10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
CFDA No. 20.205
CFDA Title Highway Planning and Construction
AFA Not Used For Research & Development
32. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
Agreement on behalf of the entity represented.
Each party is signing this Agreement on the date stated under that party's signature.
el—DocuSigned by: THE STATE OF TEXAS DocuSigned v' E LOCAL GOVERNMENT
6AA.,," �f(,WAYf
r, Rlayl�s
Signature 77Signature
Kenneth Stewart
Typed or Printed Name
Director of Contract Services
Typed or Printed Title
6/12/2023
Date
Kenneth R. Williams
Typed or Printed Name
City Manager
Typed or Printed Title
6/9/2023
Date
AFA Long Ge n
Page 17 of 17
Rev. 12/ 10/2021
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # F 20-BMT AFA ID Z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
CFDA No. 20.205
CFDA Title Highway Planning and Construction
AFA Not Used For Research & Development
ATTACHMENT A
LOCATION MAP SHOWING PROJECT
Page 1 of 2
AFA LongGen Attachment A
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 1 0920-38-292, 0920-38-293
District # I 20-BMT I AFA ID Z00004226
Code Chart 64 # 1 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
CFDA No. 20.205
CFDA Title Highway Planning and Construction
AFA Not Used For Research & Development
ATTACHMENT A
LOCATION MAP SHOWING PROJECT
0920-38-293 — Dowlen Road from US 90 to Gladys Avenue
Page 2 of 2
AFA LongGen Attachment A
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 0920-38-292, 0920-38-293
District # 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
CFDA No. 20.205
CFDA Title Highway Planning and Construction
AFA Not Used For Research & Development
ATTACHMENT B
PROJECT BUDGET
Construction costs will be allocated based on 100% Federal funding until the Federal funding
reaches the maximum obligated amount. The Local Government will then be responsible for all
other costs including overruns.
CSJ 0920-38-292
Description
Total Estimated
Cost
Federal
Participation
State
Participation
Local
Participation
Cost
%
Cost
%
Cost
Engineering (by Local
Government)
1$35,000
0%
$0
0%
$0
100%
$35,000
Environmental (by Local
Government)
$1
0%
$0
0%
$0
100%
$1
Right of Way (by Local
Government
$1
0%
$0
0%
$0
100%
$1
Utility (by Local
Government
$1
0%
$0
0%
$0
100%
$1
Construction (by State)
$213,300
100%
$213,300
0%
$0
0%
$0
Subtotal
�$248,303
$213,300
10%
$0
$35,003
Environmental Direct
State Costs
$500
0%
$0
$0
100%
$500
Engineering Direct State
Costs
$1,250
0%
$0
0%
$0
100%
$1)250
Construction Direct State
Costs
$11,500
0%
$0
0%
$0
100%
$113500
Indirect State Costs
$8,500
0%
$0
100%
$8,500
0%
$0
TOTAL (0920-38-292)
$270,053
$213,300
$8,500
$48,253
Page 1 of 2
AFA LongGen Attachment B
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 0920-38-292, 0920-38-293
District # 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
CFDA No. 20.205
CFDA Title Highway Planning and Construction
CSJ 0920-38-293
AFA Not Used For Research & Development
Description
Total
Estimated Cost
Federal
Participation
State
Participation
Local
Participation
Cost
%
Cost
%
Cost
Engineering (by Local
Government)
$351000
0%
$0
0%
$0
100%
$35Y000
Environmental (by Local
Government
$1
0%
$0
0%
$0
100%
$1
Right of Way (by Local
Government
$1
0%
$0
0%
$0
100%
$1
Utility (by Local
Government)
$1
0%
$0
0%
$0
100%
$1
Construction (by State)
$153,900
100%
$153Y900
0%
$0
0%
$0
Subtotal
�$188,903
$153Y900
$0
$35,003
Environmental Direct
State Costs
$500
0%
$0
0%
$0
100%
$500
Engineering Direct State
Costs
$1,250
0%
$0
0%
$0
100%
$1,250
Construction Direct State
Costs
$11,500
0%
$0
0%
$0
100%
$11 ,500
Indirect State Costs
$82500
0%
$0
100%
$8,500
0%
$0
TOTAL (0920-38-293)
$210,6o,5
$153,900
$8,500
$48,253
PROJECT TOTAL:
$4801706
$3673200
$17X0
$96,506
Initial payment by the Local Government to the State: $3,506-00
Payment by the Local Government to the State before construction: $23,000-00
Estimated total payment by the Local Government to the State $96,506.00 This is an estimate.
The final amount of Local Government participation will be based on actual costs.
Page 2of2
AFA LongGen Attachment B
DocuSign Envelope ID: 8BOE38AC-3A9A-453C-9A9C-38D85357837C
TxDOT:
CSJ # 0920-38-292, 0920-38-293
District # 20-BMT AFA ID z00004226
Code Chart 64 # 03200
Project Name 2021 HSIP — Dowlen Road Interconnect
Signals
Federal Highway Administration:
CFDA No. 20.205
CFDA Title Highway Planning and Construction
AFA Not Used For Research & Development
ATTACHMENT C
RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER
RESOLUTION �
BE IT RESOLVED T[-ff CITY
CL
OFTHE CITY OF BEAUMONT,-
THAT the City'I's hereby authotized to enter into
The meefing at which this resolution was approved was in all things condu(Aaed in
tit compliance withthe Texas, Open Meetings t, Texas Govemment Code, Chapter,
PASSED BYTHE CITYCOUNCIL of the Gif f ,thlis the 16th day of
Moor Roy West
Page 1 of 1
AFA LongGen Attachment C