Loading...
Contract - Texas Department of Transportation - 4/23/2020 J�'� Wo Me* CSJ #0914-05-164 and 0914-05-165 District# 14-AUS Code Chart 64#36750 Project: UPRR Grade Crossings— Safety/Quiet Zone g`v Federal Highway Administration 9 Y 40A*%' ";oyCFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT AMENDMENT#1 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the State, City of Round Rock, acting by and through its duly authorized Officials, called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on 25 th day of March 2011 to effectuate their agreement to upgrade railroad crossing; and, WHEREAS, additional funding has been awarded through Modification of Federal-Aid Project Agreement as follow: 1) CSJ# 0914-05-164, Federal Project Number STP 2009(141), FHWA authorized date 9/12/2014 for$423,865 2) CSJ# 0914-05-165, Federal Project Number STP 2009(142), FHWA authorized date 9/12/2014 for $423,865 the supporting documentation is attached to and made part of this Amendment#1 as Exhibit-1 WHEREAS, it has become necessary to amend that contract to incorporate recent changes in federal and state provisions and requirements. WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as follows: AGREEMENT 1. Description of Amended Items A. Article 3 Local Project Sources and Uses of Funds is deleted in their entirety and replaced as follows: 3. Project Sources and Uses of Funds: The total estimated cost of the Project is shown in Attachment C-1, Project Budget Estimate which is attached to and made a part of this Amendment. AFA Amend Page 1 of 13 Revised 02/20/2019 .R_20U.,0(O CSJ #0914-05-164 and 0914-05-165 District# 14-AUS Code Chart 64#36750 Project: UPRR Grade Crossings— Safety/Quiet Zone Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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 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 C. 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 C 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 C and for overruns in excess of the amount specified in Attachment C to be paid by the Local Government. AFA Amend Page 2 of 13 Revised 02/20/2019 CSJ #0914-05-164 and 0914-05-165 District# 14-AUS Code Chart 64#36750 Project: UPRR Grade Crossings— Safety/Quiet Zone Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development f) The budget in Attachment C 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 C. 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. 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 C. 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. 1) 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 AFA Amend Page 3 of 13 Revised 02/20/2019 CSJ#0914-05-164 and 0914-05-165 District# 14-AUS Code Chart 64#36750 Project: UPRR Grade Crossings— Safety/Quiet Zone Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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. 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. B. Article 5 Termination of this Agreement is deleted in their entirety and replaced as follows: 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. C. Article 9, Compliance with Accessibility Standards and ADA is deleted in their entirety and replaced as follows: 9. 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). AFA Amend Page 4 of 13 Revised 02/20/2019 CSJ #0914-05-164 and 0914-05-165 District# 14-AUS Code Chart 64#36750 Project: UPRR Grade Crossings— Safety/Quiet Zone Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development D. Article 10, Architectural and Engineering Services is deleted in their entirety and replaced as follows 10. 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. For rail projects, the design shall, at a minimum, conform to applicable American Railway Engineering & Maintenance of Way Association (AREMA) 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 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. E. Article 11 Construction Responsibilities is deleted in their entirety and replaced as follows 11. Construction Responsibilities: The Local Government shall be 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 AFA Amend Page 5 of 13 Revised 02/20/2019 CSJ #0914-05-164 and 0914-05-165 District# 14-AUS Code Chart 64#36750 Project: UPRR Grade Crossings— Safety/Quiet Zone Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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. F. Article 20 Cost Principles is deleted in their entirety and replaced as follows 20. 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. G. Article 21 Procurement and Property Management Standards is deleted in their entirety and replaced as follows: 21. Procurement and Property Management Standards The parties to this Agreement are responsible for the following 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. H. Article 24 Civil Rights Compliance is deleted in their entirety and replaced as follows 24. 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, 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 AFA Amend Page 6 of 13 Revised 02/20/2019 CSJ #0914-05-164 and 0914-05-165 District# 14-AUS Code Chart 64#36750 Project: UPRR Grade Crossings— Safety/Quiet Zone Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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: withholding of payments to the Local Government under the Agreement until the Local Government complies and/or 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. I. Article 25 Disadvantaged Business Enterprise Program Requirements is deleted in their entirety and replaced as follows: 25. 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. 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. AFA Amend Page 7 of 13 Revised 02/20/2019 CSJ #0914-05-164 and 0914-05-165 District# 14-AUS Code Chart 64#36750 Project: UPRR Grade Crossings— Safety/Quiet Zone Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 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-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. J. Article 25 Debarment Certifications is deleted in their entirety and replaced as follows: 25. 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. AFA Amend Page 8 of 13 Revised 02/20/2019 CSJ #0914-05-164 and 0914-05-165 District# 14-AUS Code Chart 64#36750 Project: UPRR Grade Crossings— Safety/Quiet Zone Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development K. Article 30 is added as follows 30. Pertinent Non-Discrimination Authorities 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 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). 1) 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.). L. Article 31 is added as follows: 31. 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: AFA Amend Page 9 of 13 Revised 02/20/2019 CSJ #0914-05-164 and 0914-05-165 District# 14-AUS Code Chart 64#36750 Project: UPRR Grade Crossings— Safety/Quiet Zone Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development http://www.qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and http://www.qPo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pd b) The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number(Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows 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. M. Article 32 is added as follows: 32.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 singleaudits@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. N. Attachment C Project Budget and Description is deleted in their entirety and replaced with Attachment C-1 Project Budget Estimate attached to and made part of this Amendment#1. All other provisions of the original contract are unchanged and remain in full force and effect. AFA Amend Page 10 of 13 Revised 02/20/2019 CSJ #0914-05-164 and 0914-05-165 District# 14-AUS Code Chart 64#36750 Project: UPRR Grade Crossings— Safety/Quiet Zone Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 2. 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 amendment on the date stated under that party's signature. THE LOC GOVERNMENT Craig Morga Mayor 141•113 •7iE'�� Date THE STATE OF TEXAS :•:•' :•: Kenneth Stewart • Director of Contract Services '• ' Texas Department of Transportation Date AFA Amend Page 11 of 13 Revised 02/20/2019 CSJ #0914-05-164 and 0914-05-165 District# 14-AUS Code Chart 64#36750 Project: UPRR Grade Crossings— Safety/Quiet Zone Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT C-1 PROJECT BUDGET ESTIMATE Costs will be allocated based on 100% Federal funding and Local Government funding until the Federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Total Federal State Participation Local Description Estimated Participation Participation Cost % Cost % Cost % Cost 0914-05-164 Preliminary Engineering, and Construction (by Local $650,000 100% $650,000 0% $0 0% $0 Government) 0914-05-165 Preliminary Engineering, and Construction (by Local $650,000 100% $650,000 0% $0 0% $0 Government) Subtotal $1,300,000 $1,300,000 $0 $0 Direct Environmental State (10%) $2,600 0% $0 0% $0 100% $2,600 Costs= Engineering $3,900 0% ° $26,000 (15%) $0 0/o $0 100% $3,900 ROW/Util RO $1,300 0% $0 0% $0 100% $1,300 Construction Direct State Costs (70%) $18,200 0% $0 0% $0 100% $18,200 Indirect State Costs (4 Indirect $58,760 0% $0 100% $58,760 0% $0 Subtotal $84,760 $1,300,000 $58,760 $26,000 TOTAL $1,384,760 $1,300,000 $58,760 $26,000 The Local Government has paid to the State: $13,567.00 Payment by the Local Government to the State before construction: $12,433.00 Estimated total payment by the Local Government to the State: $26,000.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA Amend Page 12 of 13 Revised 02/20/2019 CSJ#0914-05-164 and 0914-05-165 District# 14-AUS Code Chart 64#36750 Project: UPRR Grade Crossings— Safety/Quiet Zone Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development EXHIBIT-1 MODIFIED PROJECT AGREEMENTS AFA Amend Page 13 of 13 Revised 02/20/2019