Res 2014-024/Amendment No. 2 to the Advance Funding Agreement with the State of Texas, CSJ No.0016-09-033, for the Loop 82 Overpass at UPRR Project to modify the requirements for utility relocation, right-of-way acquisition and City cost participation

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CSJ # 0016 -09 -033 District # 14 - Austin Code Chart 64 # 37950 Project: LP 82 Overpass at UPRR Federal Highway Administration CFDA # 20.205 Not Research and Development Attachment C -1, Project Budget and Description, of the contract is deleted in its entirety and replaced with Attachment C -2, Project Budget and Description, which is attached to this Amendment. Article 24. Civil Rights Compliance is deleted in its entirety and replaced with: The Local Government shall comply with the regulations of the United States Department of Transportation as they relate to non - discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). Article 25. Disadvantaged Business Enterprise (DBE) Program Requirements is revised to add the following subartides: B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision - making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally- Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address ry tt � of t t sl f c�t9 i t/ a 1 el i o c e ts, 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. AFA —AFA Amend Page 2 of 4 Revised 04/08/11