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HomeMy WebLinkAboutRES 24-109RESOLUTION NO.24-109 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on March 7, 2023, by Resolution 23-069, City Council authorized the City Manager to enter into an Advanced Funding Agreement in the amount of $917,230.00, for the second phase of the 2020 Highway Safety In'iprovements Program (HSIP) Interconnect Signals Project- Calder Avenue, E. Lucas Drive, and Washington Boulevard; and, WHEREAS, previous Change Order No. I was processed internally by the Texas Department of Transportation to update a special specification that resulted in no financial impact to the City; and, WHEREAS, proposed Change Order No. 2, in the amount of $17,574.00, is required to replace twenty-four (24) previously purchased antennas with new antennas that the supplier has recommended for this project, if approved, the adjustment in quantities would result in a new contract amount of $934,804.00; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2, in the amount of $17,574.00 for additional work described above, thereby increasing the total contract amount to $934,804.00 for the second phase of the 2020 Highway Safety Improvements Program (HSIP) Interconnect Signals Project- Calder Avenue, E. Lucas Drive, and Washington Boulevard. 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. 2024. PASSED BY THE CITY COUNCIL of the City of Bejaumont this the 30th day of April, w Roy West - Date: Project: Owner: Contractor: Change Order No. LyIII IIVAM21-3mr_11111111N161,1111 April 4, 2024 HSIP Interconnect Signals - Calder, Lucas, and Washington (CCSJ 0920-38-279) City of Beaumont Traf-Tex, Inc, THE FOLLOWING CHANGES INTHE PLANS AND/OR SPECIFICATIONS ARE HEREBY.MADE: The original antennae specified in the plans (Panorama LPAM-BC3G) was not the correct anntenna for this application and has been replaced with MA 1505 SYNERGY ANTENNAE. Item No. Item Code Description Unit Original New Unit Price Change Order Quantity Quantity Amount ADD 960E 1 6001 CELL MODEM ANTENNA EA 0 1 24 1 $ 732.25 $ 17,574,00 SUBTOTAL $17,574.00 DELETE SUBTOTAL $ - TOTAL AMOUNT OF THIS CHANGE ORDER $ 17,674.00 THERE WILL BE NO CHANGES TO.THE CONTRACT TIME BY THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT: NET FROM PREVIOUS CHANGE ORDERS: TOTAL AMOUNT OF THIS CHANGE ORDER: PERCENT OF THIS CHANGE ORDER: TOTAL PERCENT CHANGE ORDER TO DATE: NEW CONTRACT AMOUNT: ORIGINAL CONTRACT TIME: ADDITIONAL CONTRACT TIME PER PREVIOUS CHANGE ORDERS ADDITIONAL CONTRACT TIME PER THIS CHANGE ORDER: REVISED CONTRACT TIME. $ 917, 230.00 $ 17,574.00 1.92% 1.92% $ 934,804.00 49 Working Days 0 Working Days 0 Working Days 49 Working Days 1Ucu3Sgn Crivempe IU: rC3Jt3LlU-t3yCl:-4tiHt^yL��-Clts'if�t5['�C,L9 CSJ: 0920-38-279 Project: STP 2023(888)HESC Highway: VA County: Jefferson Orig. Cont. Amt.: $917,230.00 Change Order No: 2 CO Amount: $17,574.00 Contractor: TRAF-TEX, INC. Area Engineer: Dave Collins Level of Approval: Area Engineer CO Type: Non -Participating (Federal) Note: FNWA approval/review is required as dictated on the S&O Flat) for TXD1P (formally PoDI) projects, coordinate with DCO Yes No NA ® ❑ ❑ Has the CO type been verified? ® ❑ ❑ Has CO Funding Work Program (WP) & Category (CAT) been approved by appropriate Division and/or TP&D? ® ❑ ❑ If YES, has entry for WP & CAT been entered in SM funding window? ® ❑ ❑ Does CO Impact 3rd party funding? ❑ ® ❑ if YES, has a 3rd party funding Notification Sheet (Form 2146-AFA) been sent and signed by the 3rd party? (coordinate with DCO) ❑ ® ❑ Does CO require a now or revised funding agreement? ❑ ❑ ® If YES, has CSD reviewed the revised funding agreement? Yes No NA Does the CO Description include statements addressing the following (Ch7 CCAM): ® ❑ ❑ + What, where and why? ® ❑ ❑ + Price justification containing fair and reasonable statement ❑ ❑ ®+ Plan sheets (new, removed or modified) ® ❑ ❑ + Environmental clearance ❑ ❑ ® + Ti-no impact analysis or time extension letter if time extension needed For CO extending MNT contracts under SP to Item 4 (or Item 10 language for Mi+MC/TMC contracts) use CO reason code 3S and include the following statement in CO: "Contractor has compiled with terms and conditions of the original contract." ® ❑ ❑ Supporting documentation Included? ❑ ® Does this work change the scope of the project? (Ch7 CLAM) ❑ ❑ ® If so, has the DE (for State Jobs) or CST (for Federal Jobs) given their approval? ® ❑ Does this CO increase/decrease the original contract amount within the acceptable district limits? The summation of all CO's is recommended to be less than 5% of the original contract. ❑ ® ❑ Does this CO increase/decrease the project limits? (Ch7&16 CCAM) ❑ ❑ ® If YES, has the DE or appropriate Division given their approval? Yes No NA ❑ ® Is CO receiving materials into stock? ❑ ❑ ® Has the AO coordinated with Maintenance to create Stock Account Material items? ❑ ❑ ® If received from Contractor, have materials been set up in MMS? (coordinate with MNT) ❑ ® Are pedestrian elements Increased to $50,000 or more? If YES, coordinate with the DCO to have RAS vendor review plan sheets and provide TDLR registration. (Ch7 CCAM) Note: Ensure review comments are addressed prior to CO approval. Yes No NA ® ❑ Is CO work within the scope of the original environmental assessments and reviews? ❑ ® Does the added work disturb additional soil? ❑ ❑ ® If YES, has the CO been reviewed and/or approved for environmental considerations, obligations or commitments by the District Environmental Specialist/ DEQC? ❑ ❑ ® Have the necessary clearances or permits been obtained to address any increased Impacts? ❑ ® ❑ Does the added work increase the total disturbed area greater than 1 acre threshold? ❑ ❑ ® If so, does the project have an SW3P ❑ [] ® or is it added with CO? ❑ ® ❑ Does the added work increase the total disturbed area greater than 5 acres? ❑ ❑ ® If so, has the District and Contractor submitted an NOI request and filed it with TCEQ? DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 [7ocuSW EnvWope ID: F233B210-B9EG-4GAE-9295-E7B4753F5G24 AMW Texas Department AW of Transportation MEMO March 21, 2024 To: Kenneth Wiemers, P.E. IDS Director of Construction `%�� From: Dave Collins, P.E. Beaumont Area Engineer Subject: Change Order # 2 Replace Antennas Project: F 2023(888) Control 0920-38-279 Highway: VA County: Jefferson This change order is requested by the Beaumont Area Office and City of Beaumont addresses the replacement of cell modem antennas as the project wide specified antenna (Panorama LPAM-BC3G) was not the correct antenna for this application. The contractor reached out to the supplier and the non-refundable 24 planned antennas were c already purchased before it was realized those would not function as intended. Therefore, the supplier recommended the correct antenna MA 1505 SYNERGY ANTENNAS. The City of Beaumont has taken ownership of the already purchased antennas. The Engineer of Record (EOR) with the City of Beaumont has evaluated this replacement antenna and has agreed to replace and fund the 24 said correct antennas. Total Amount: $17,574.00 CO Type: Non -Participating Reason Code: (1) 1C (2) 3F Pre -authorization in writing from the Area Engineer & City of Beaumont, Y, (Within the Packet) New or modified plan sheets: N, Justification for new item prices: Y, (Within the Packet). No additional time requested for this change order. • DEQC reviewed this CO and approved for environmental compliance. (Within the Packet). • Price justification based on submitted cost break down from the contractor for the additional work in which the City of Beaumont has found to be a fair and reasonable price for the additional work including the material and incidentals, and allowable markup (Within the Packet). OUR VALUES: People • Accountablllty • Trust • Honesty OUR MISSION: Through collaboration and leadership, we deliver a safe, reliable, and Integrated transportation systom that enables the movement of people and goods. An Equal Opporlunity Employer [�V J LO y LO LO LU _N N E � M v a.. v 7 Q Q d p7 N Lpl lt- U � ❑-1r� a LLt to 0 PO z w J (fD z 0 Um z 0 Q pj LU U W m d z � WWa IL 2 d aZ 0 W �] N U 0 N ¢ ¢ w �c°� LY UWS z T i.i I ►, N W U W z z W Pw m Q U CD W ux O z W w 0. 0 co "0 '00 d o o C3 d CJ U z lu qNqpp N M N IW- U M N M N N N N W o N o �� ifs z 0 O UL 3 ;ate LU aJ LU W w a g IL ? U Q 0 a 0. Q a v 0 U C17 Q d7 cu m L C E LP? p (n OL C Q m ro a c n M U v CL N O EN*00 LU � E 0wo tca vo 'a 8 o ro CL o 46 E m v o t U cl . O 6 UJ v o � V CL (0 ro c m M v `o c 0 p 3 N 'CS C C m v Y U V P L Al 40 a) CO 0 ro c E to L m 0 1 • v a°- 0 M c u- T3 C cn W m can U C p ro cs a Ql C � O 0 0 ;0 cl1 N Y �� 0 U m otS oY C CU C ro 'Y s+ � ° rn p A t0 U C (L] ro ((nd6y Co CD N M w L C ,� cu C Q V R E -, ro c v rn rn a- � c ro > i L7 co 0 U o ran a — Q C CDZ ps a. 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T U N W Q o U' LSJ 0 z 00 M mow' T M N �lV) NCL Q frll Cf � /off z n c) [L O O w � to M w P w w N o U) � a Lu E_ w M a IL In -rs ro 7 m o W ca O H N a aQ Y o C3 co o � w' cb Q tJ Q d .0 4q N 8 2 O Q CL 1a � N QLC 4J DU a a w Q a b U t1C CL o Z A Eu U p p z 0 O O 41% O O 0 w uo=3ign rnvelope IU: hGiitiG�U-tiy�l-4t;A�-ylyb-tfti4l of 5L'G4 PRICE JUSTIFICATION Project STP 2023(888)HESG Highway VA CSJ 0920-38-279 County Jefferson '- Contractor TRAF-TEX,'INC. CO # 2 CO Description This change order is requested. by the Beaumont Area Office and City of Beaumont addresses the replacement of cell modem .antennas as the project wide specified. antenna (Panorama LPAM-BC3G) was not the correct antenna for. this application. The contractor reached out to the supplier and the non-refundable 24 planned antennas were c already purchased before it was realized those would not function as intended. Therefore, the supplier recommended the correct antenna MA 1505 SYNERGY ANTENNAS. The City of Beaumont has taken ownership of the already purchased antennas, The Engineer of Record (EOR) with the City of Beaumont has evaluated this. replacement antenna and has agreed to replace and fund the 24 said correct antennas. This office has reviewed the unit prices submitted by the contractor and found them to be fair and reasonable for the following items: Bid Item Description Quantity Unit Price Submitted 9608-6001 `24.000 EA $ 732.250 CO#2 Cell Modem Antenna - - - Justification Statement: Price justification based on submitted cost break down from the contractor for the.add.itional work in which the City of Beaumont has found to be a fair and reasonable price for the additional work .including the material and incidentals, and allowable markup. Rev. 12/10 DocuSign DivWope 1D: F23313210-B9EC-40AE-9295-E7B4758F5C24 QUOTE Tref'- C K; Inc. (Confidential) 't}aJ�r tnh•me Sj,rrteiru' 8420 Hansen Road Houston, Tx 77075 Pit:713443-5522 Fax:713-643-5699 TE'CL; 18989, www.traf-tax.com Attn: 1 "PRE'QUALIFIED MOT ov Intelligent Traffic Systems l 111.P;t PATE m a&i CON TRAC TOR" QUOTE NO: #275_Q J65300275 p5 „ DATE: 211312t723//)�/ r Enid Date: control: 0920-38-279 ETC Project: STP2023(688)HESG Highway: County: JEFFERSON sEq ALLT ITEM DESC Bid Item Description JUnItl Quanli Bid Price Amount S - S - MA 1505 SYNERGY ANTENNAS EA 24 $732.250 3 17,574.000 S - S - S - S 5 - S S - S - S - S - S - 5 - S S - S - S S - S - S - S - S - S - S g 5 - Notes: Totat Bld Arnount 317,574.00 A- Material to meet TX00T plan specifications B- Prices Include labor and material for the installation of items listed C- Prices good for 30 days from date on quote. D- Traffic control (except TMA) is Included foritems listed only. E• TMA is not included in the traffic control. If Traf Tex, lno provides TA4A for items listed it will be an additional charge of $210.00 per day. Quote Accepted By: Date; P.Q,# Job No: Tmf Tex, Inc, By: T-T Job No Frank Lam I Ilara@trailex.00m Mario Reyna f mreyna@lraf-lex com Estimator President 'Regulated by The Texas Department of Licensing and Regulation, P. 0. Box 12157, Austin, Texas 76711, 1-000-603,9202, 512-463.6599. websfte, www, license. state. tx, us/complaints. Page 1 of 1 Docu5ign Envelope 0: F233B210-B9EC-4GAE-9295-E7B4758F5C24 Tiaf--Tex, We. 8420 Hansen Road Houston, TX 77075 REQUEST FOR CHANGE ORDER Control No: 0920-38-279ETC Highway: Project: STP2023(888)HESG Location: Reference: of Changes: ANTENNAS Date: 2/13/2024 QTY 24 AMOUNT 732,25 PER EA 1- Material: Totals A Material Cost X $ - X $ - MA 1505 SYNERGY5 IN 1 ANTENNA 24 580 $ 13,920.00 X $ - X $ - X $ - Sub Total: $ 13,920.00 B Mark tJ $ 13,920.00 X 25% $ 3,480.00 Material Total: $ 17,400.00 Labor:Totals �0-©-�� �0 --©-�- -© �W©-©-�� -© --©-�- �Mu-©��- - Tools ubtotal 4- subcontractors, Totals A Subtotal $ - B Mark-U $ I X 5% $ - Subcontractor Total: $ Subtotal: $ 17,400.00 Bond: $17,40.00 $ 174.00 Grand o a $ 17,574,00 ❑ocu5ign Fnvelope 107 F23'JH210-B9EC-4CAE-9295-E7B4758F5C24 '1'0: Paradigm "Traffic Systems 2201 East Division Street Arlington, Texas 76011 nun: Estimating Department ph: 817-831-9406 rx: 817-831-9407 P.O. Box 5508 — Arlington —Texas — 70005-5508 817.831.940E — fax 817.831.9407 Estimating @Parad iglnt raftic.conl QUOTATION ItrQ: TRAP-TEX, INC. Birch Fitzgerald request LETTING DATE: 2/9/2024 DATR 219/2024 SIS11N RK Delivery hale 45 - 60 Ilnys ARU FRFIGIIT SHIP VIA Pill) S Allowed I hest Way FAH Destination TERTIS Net 30 QTE NUMBER Q33778RK ITEM (YIN DESCRIPTION UNIT PRICE TOTAL PRICK. PLEASE SEE NOTES THROUGHOUT THIS QUOTE This quote. is valid foi• 60 days. Thereafter it Is subject to change without notice. I 24 MA 1505 SYM?RGY 5 IN I ANTENNA $580.00 513,920.00 *NOTE* T(iciglns I iu)ilcd - AIA1505.,,IK.001 S1N1 GAISS 5G Ii'11,'1 ArVTENIVli Quoled, Na Subslllxllons For any questions, colntnents ar concerns, Plcasc email us at Est imating@Psi radignitra Mexoin *Tails quote is valid for 60 days. Thereafter it Is subject to Change without notice. *'I'hanlc you for the opportunity to submit a proposal to you on this equipment. Please refcrence this quotation {by QTE nunit when placing order. Ifyou have any questions, please call 01' send a fix tome. *Wlien sending RFQ's, PO's or RF1's, please send to ESTIMATING DPARADIGAITRAirFIC,COM *Unless previously discussed, quote is for material only OFFERED BY: Robert Kelly Paradigm Traffic Systems, lite. EslimalingnporadigmtrMho.corn Federal IDN 75-2520341 TOTAL l_ $13,020,00 j 31)77dRK.h. Mav"23 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 2 Third Party Funding Notification Sheet This form is used when the subject change order involves funding by a source other than TxDOT/U,S, DOT, and involves third parties who are providing funding under an Advance Funding Agreement or Donation Agreement. 1.Outside funding provided by: City of Beaumont (Outside Entity's Legal Name) 2. Type of outside funding agreement for this change: ® Existing ❑ Amended New C Check one 3. Indicate the type and amount of funding: ❑ Fixed Price (Lump Sum) (Estimated Amount $17,574,00 M Actual Cost CCSJ: 0920-38-279 Project: STP 2022(538)HESG Highway: CS County: Jefferson District: Beaumont Contract Number: 08223050 (a) Contract Items (Bid Items): $17,574.00 Use as needed: I hereby acknowledge notification of the modifications (b) E&C*• (a) X = $0.00 covered by this Change Order. enter TOTAL $17,574.00 Date By Typed/Printed Name Typed/Printed Title *The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to project depending on the contract amount of the project. Projects with a higher contract amount will have a lower rate of E&C charge. For a specific project, E&C rate (%) can be derived from the cost of "Engineering and Contingencies" in the "Estimated Cost" of the project. Funding for this Change Order has been arranged: L3ocu8igned by: 3/26/2024 3 �,�T„ g r,esentative Date Typed/Printed Name: cave c:o i i ins TXDOT Form 2146-AFA DocuSig n Envelope ID; F233B210-139EC-4CAE-9295-E7134758F5C24 TxDOT: Csi # 0920-38-279,0920-38-283, 0920-38-285 District # 20-BMT AFA ID I z00003828 Code Chart 64 # 1 03200 Project Name 1 2020 HSIP Interconnect Signals STATE OF TEXAS § COUNTY OF TRAVIS § Federal Highway Administration: CFDA No. 1 20.205 I CFDA Title I Highway Planning and Construction 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. 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 116073 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as 2020 HSIP Interconnect Signals. 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 March 7, 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 LongGen Page 1 of 16 Rev. 12110/2021 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E764758F5C24 TxDOT: EFO9-38-279,0920-38-283, -38-285 District # 20-BMT AFA ID I z00003828 Code Chart 64 # 03200 Project Name 1 2020 HSIP Interconnect Signals Federal Highway Administration: CFDA No. 1 20.205 CFDA Title I Highway Planning and Construction I AFA Not Used For Research& Development NOW, THEREFORE, inconsideration 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 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 NIA 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, NIA 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 various streets. 0920-38-279 includes interconnecting signals on Calder Street from North 14th Street to Main Street. 0920-38-283 includes interconnecting signals on Lucas Drive from southbound Eastex Freeway to Bigner Road. 0920-38-285 includes interconnecting signals on Washington Boulevard from 1111 Street to MLK Parkway. 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 AFA LongGen Page 2 of 16 Rev. 12/1012021 DocuSign Envelope ID: F2338210-H9EC-4CAE-9295-E7B4758F5C24 TXDOT: CSJ # 0920-38-279,0920-38-283, 0920-38-285 District # 20-BMT AFA ID I z00003828 Cade Chart 64 # 1 03200 Project Name 12020 HSIP Interconnect Signals Federal Highway Administration: CFDA No. 1 20.206 CFDA Title I Highway Planning and Construction AFA Not Used For Research& Development 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 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 AFA LongGen Page 3 of 16 Rev. 12110/2021 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E784758F5C24 TXDOT: CSJ # 0920-38-279,0920-38-283, 0920-38-285 District #k I 20-BMT AFA ID I Z00003828 Code Chart 64 # 103200 Project Name J 2020 HSIP Interconnect Signals Federal Highway Administration: CFDA No. 1 20.205 CFDA Title I Highway Planning and Construction I AFA Not Used For Research& Development Government is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. 1. 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 AFA I-ongGen Page 4 of 16 Rev. 12/10/2021 ❑ocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT: CSJ # 0920-38-279,0920-38-283, 0920-38-285 District # 20-BMT AFA ID 1 7-00003828 Code Chart 64 # 103200 Project Name 12020 HSIP Interconnect Signals Federal Highway Administration: CFDA No. 1 20.205 CFDA Title I Highway Planning and Construction AFA Not Used For Research& Development the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 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 may be availed of by either party to this Agreement and shall be cumulative. a. 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 AFA LongGen Page 5 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TWOT: Isi # 0920-38-279,0920-38-283, 0920-38-285 District # I20-BMT AFA ID I z00003828 Code Chart 64 # 103200 Project Name 1 2020 HSIP Interconnect Signals Federal Highway Administration: CFDA No. 1 20.205 I CFDA Title I Highway Planning and Construction 1 AFA Not Used For Research& Development 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 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. 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 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 (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 AFA LongGen Page 6 of 16 Rev. 12/10/2021 Dow3ign Envelope ID: F233B210-69EC-4CAE-9295-E7B4758F5C24 TxDOT: CSJ # 0920-38-279,0920-38-283, 0920-38-285 District # I 20431VIT AFA ID I z00003828 Code Chart 64 # 103200 Project Name 12020 HSIP interconnect Signals Federal Highway Administration: CFDA No. 1 20.205 CFDA Title I Highway Planning and Construction AFA Not Used For Research& Development federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and 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 THWA-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 LongGen Page 7 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7134758F5C24 TxDOT: CSJ ff 0920-38-279,0920-38-283, 0920-38-285 District # I20-BMT AFA ID I z00003828 Code Chart 64 # 1 03200 Project Name 1 2020 HSIP Interconnect Signals Federal Highway Administration: CFDA No. 1 20.205 CFDA Title f 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, under AGREEMENT is responsible for the provision and acquisition of any needed right of way or real property. 16. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. 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 ATfN: City Manager 801 Main Street Suite #300 Beaumont, TX, 77701 State: Texas Department of Transportation ATTN: Director of Contract Services 125 E. 11 cn 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. AFA LongGen Page 8 of 16 Rev. 12/10/2021 DocuSign Fnveiope ID: F233B210-89FC-4CAE-9295-E7B4758F5C24 TOOT: CSJ !# 0920-38-279,0920-38-283, 0920-38-285 District # I 20-13MT AFA 113 I z00003828 Code Chart 64 # 103200 Project Name 12020 HSIP Interconnect Signals Federal Highway Administration: CFDA No. 1 20.205 CFDA Title I Highway Planning and Construction AFA Not Used For Research& Development 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 comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 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 PropertyManagement 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 d 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. AFA LongGen Page 9 of 16 Rev. 12/10f2021 DocuSign Envelope ID: F233B2lO-E39EG-4GAF-9295-E7F34758F5G24 TxDOT: CSJ # 0920-38-279,0920-38-283, 0920-38-285 District # I 20-13MT AFA ID I z00003828 Code Chart 64 # 1 03200 Project Name 12020 HSIP Interconnect Signals Federal Highway Administration: CFDA No. 1 20.205 CFDA Title I Highway Planning and Construction I AFA Not Used For Research& Development 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 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. C. Solicitations for Subcontracts Includinq Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The focal 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 AFA LongGen Page 10 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F233B210-B9EC-40AE-9295-E7B475BF5C24 TxDOT: CSJ # 0920-38-279,0920-38-283, 0920-38-285 District # I 20-13MT AFA ID 1 Z00003828 Code Chart 64 # 1 03200 Project Name 12020 HSIP Interconnect Signals Federal Highway Administration: CFDA No. 1 20.205 I CFDA Title I Highway Planning and Construction I AFA Not Used For Research& Development 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.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 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 11 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. AFA LongGen Page 11 of 16 Rev. 12/10/2021 Docu5ign Envelope ID: F233B210-B9FC:-4GAE-9295-E7B475BF5024 TxDOT- CSJ # 0920-38-279,0920-38-283, 0920-38-285 District # I 20-BMT AFA ID I z00003828 Code Chart 64 # 03200 Project Name 2020 HSIP Interconnect Signals Federal Highway Administration: CFDA No. 1 20.205 I CFDA Title I Highway Planning and Construction I AFA Not Used For Research& Development 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 Vl, 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) ProgramRequirements If federal funds are used: A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26, B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall 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 htt :f/ft .dot.state.tK us/ ub/txdot- infolbopldbefmoulmou 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 ❑OT-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 AFA LongGen Page 12 of 16 Rev. 12/10/2021 DocuSign Enveiope ID: F233B210-B9EC-4CAE-9295-F7S4758F5C24 TxDOT: CSJ # 0920-38-279,0920-38-283, 0920-38-285 District # 20-BMT AFA ID I z00003828 Code Chart 64 # 1 03200 Project Name 12020 HSIP Interconnect Signals Federal Highway Administration: CFDA No. 1 20.205 CFDA Title I Highway Planning anti Construction I AFA Not Used For Research & Development 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 contractorto 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 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, AFA LongGen Page 13 of 16 Rev. 12110/2021 OocuSign Envelope ID: F23313210-69EG-9(;AE-9295-E784758F5G24 TxDOT: Ccsi # 0920-38-279,0920-38-283, E 0920-38-285 District # I 20-BMT AFA ID I z00003828 Code Chart 64 # 03200 Project Name 1 2020 HSIP Interconnect Signals Federal Highway Administration: CFDA No. 1 20.205 1 CFDA Title ! Highway Planning and Construction AFA Not Used For Research& 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 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 fallowing award terms: http://www.gpo,gov/fdsys/pkg/FR-2010-09- 14/pdf/2010-22705,pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09- 14/pdf/2010-22706, pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows federal government to track the 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://fedqov.dnb.com/webform; and 3. Report the total compensation and names of its top five executives to the State if: 1. 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 single audits ,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 AFA LongGen Page 14 of 16 Rev, 12/1012021 DocuSlgn Envelope ID; F23313210-B9EC-4CAE-9295-E7134758F5C24 TxD©T: Federal Highway Administration: CSJ # 0920-38-279,0920-38-283, 0920-38-285 District # 20-BMT AFA ID z00003828 Code Chart 64 # 03200 Project Name 1 2020 HSIP Interconnect Signals CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research& Development 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 fling 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 15 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F2336210-89EC;-4GAE-9295-E7b475BF5C24 TxOOT: CSJ # 0920-38-279,0920-38-283, 0920-38-285 District # I 20-BMT AFA ID z00003828 Code Chart 64 # 1 03200 Project Name 2020 HSIP Interconnect Signals Federal Highway Administration: CFDA No. 1 20.205 CFCA Title I 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. T H E S TJ;aQfbT EXAS i9 Kenneth Stewart Typed or Printed Name Director of Contract Services Typed or Printed Title 3/21/2023 THE LOC4L�GOd1�ERNMENT F l,ln MOMS Kenneth R. Williams Typed or Printed Name City Manager Typed or Printed Title 3/20/2023 Date AFA LongGen Page 16 of 16 Rev. 12/10/2021 DocuSign Envelope ID: F233B210-f39EC-4C:AE-9295-E7B4758F5C24 TxDOT: CSJ # 0920-38-279, 0920-38-283, 0920-38-285 District # 20-BMT AFA ID J ZZ00003828 Code Chart 64 # 03200 Project Name 12020 HSIP 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 0920-38-279 Project Location: Calder Avenue from 141h St. to Main Street. Page 1 of 3 AFA LongGen Attachment A DocuSign Envelope U F233B219-B9EC-4CAE-9295-E7B4758F5C24 TXDOT: I I Federal Highway Administration: CSJ # 0920-38-279, 0920-38-283, CFDA No. 20.205 0920-38-285 District # 20-BMT AFA ID zZ00003828 CFDA Title Highway Planning and Construction Code Chart 64 # 03200 Project Name 1 2020 HSIP Interconnect Signals AFA Not Used For Research & Development ATTACHMENT A LOCATION MAP SHOWING PROJECT Project Location 10920.39.283 Lukas Drive from southbound 1 Eastax Freeway to Btgner Road. / � r r� �d i- I il'iJ A Fi 1 I I, t] 0920-38-283 Project Location: Lucas Drive from southbound Eastex Freeway to Bigner Road. Page 2 of 3 AFA LongGen Attachment A Docu5ign Envelope ID: F233B21 O-B9EC-4CAE-9295-E7B4758F5C24 TxDOT: CSJ # 0920-38-279, 0920-38-283, 0920-38-285 District # 20-BMT AFA I© I ZZ00003828 Code Chart 64 # 1 03200 Project Name 1 2020 HSIP 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 0920-38-285 Project Location: Washington Boulevard from 111h Street to MLK Parkway. Page 3 of 3 AFA LongGen Attachment A DocuSign Envelope ID: F233B210-B9EC-4CAE-9295-E7B4758F5C24 TxDOT: Federal Highway Administration: CSJ # 0920-38-279,0920-38-283, 0920-38-285 District # I20-BMT AFA ID I Z00003828 Code Chart 64 # 03200 Project Name 12020 HSIP Interconnect Signals CFDA No. 1 20.205 1 CFDA Title I Highway Planning and Construction I AFA Not Used For Research& ATTACHMENT B PROJECT BUDGET 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 100% of the costs. Description Total Estimated Cost Federal Participation State Participation oval artici ation /o Cost /o Cost /o Cost Environmental (by Local Government 1 % $0 % $q % $1 Engineering (by Local Government) 1 Ir % $0 % Ir I $0 % ir $1 Construction (by State) 0920-38-279 $396,306 100% $396,306 % 1$0 Ir% $0 Construction (by State) 0920-38-283 $227,304 100% $227,304 % $0 % $0 Construction (by State) 0920-38-285 440,340 100% 1$440,340 % $0 % $0 Subtotal ` 1,063,952 . $1,063,950, $0 $2 Environmental Direct State Costs $1,500 % $0 % $0 100% $1,500 Engineering Direct State Costs 5,000 ir % 11 $0 % Iso 100% �$5'000 Construction Direct State Costs $96,000 % $0 % 1$0 100% $96,000 Indirect State Costs $48,000 % $0 100% 1$48,000 % 1$0 TOTAL 1,214,452 $1,063,95{} $48,000. 1$1021502 Initial payment by the Local Government to the State: $6,500.00 Payment by the Local Government to the State before construction: $96,000.00 Estimated total payment by the Local Government to the State $102,602.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 1 of 1 AFA LongGen Attachment B DocuS]gn Envelope WD F233B210-B9EC-4CAE-9295-E7B475BF5C24 TxDOT: Federal Highway Administration: CSJ # 0920-38-279,0920-38-283, 0920-38-285 District # 20-BMT AFA ID z00003828 Code Chart 54 # 1 03200 Project Name 1 2020 HSIP Interconnect Signals CFDA No. 1 20.205 I CFDA Title I Highway Planning and Construction I AFA Not Used For Research& Development ATTACHMENT C RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER RESOLUTION NO.23-069 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 (HSIP), 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 7th day of March, 2023. per tit 1 - Mayor Robin Mouton Page 'I of 1 AFA LongGen Attachment C