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Home My WebLink AboutContract 50229 CSJ #0902-90-019 District#02-Fort Worth 6 7 g g 1p Code Chart 64# 15 �a �'� Project: Riverside D t� Trinity Rive `y ► �� 'o NBI Structure #02-220-ZR50-50-001 Federal Highway Administration O�CZ` v CFDA Title: Highway Planning & Construction CFDA No.: 20.205 da GGS Not Research and Development 6 8 L 0 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For Bridge Replacement or Rehabilitation Off the State System THIS Local Project Advance Funding Agreement (the LPAFA) 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 Fort Worth acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, Title 23 United States Code Section 144 authorizes federal funds to assist the states in the replacement or rehabilitation of deficient bridges located on public highways, roads, and streets, including those under the jurisdiction of local governments; and WHEREAS, the Local Government owns one or more bridges on a public road or street located at Riverside Drive Southbound @ West Fork Trinity River, and these bridges are included in the currently approved off-state system federal-aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission Minute Order Number 115005, dated August 31, 2017; and WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance, which is attached to and made a part of this agreement as Attachment A for the development of the specific programmed replacement or -6 rehabilitation project, called the "Project". The Project is identified in the location rr 89 shown as Attachment B, which is attached to and made a part of this agreement./ �� jo �� NOW, THEREFORE, in consideration of the premises and of the mutual covenants an C agreements of the parties, to be by them respectively d as set forth, it o�aGQ Pay agreed as follows: I s� OFFICIAL RECORD � 6 �a Bridge-Bridge—LPAFA Page 1 of 14 CITY SECRETARYe ised 10/18/2016 Bridge Division l 9.9 t, £ Z FT.WORTH,TX CSJ #0902-90-019 District#02-Fort Worth 4 Code Chart 64 # 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure#02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development AGREEMENT 1. Period of this Agreement The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this Agreement Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. The LPAFA may be terminated by the State if the project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Remedies Remedies for defaults under this LPAFA shall be made as described in the Master Agreement, without exception. 5. Scope of Work The scope of work for this LPAFA is the replacement or rehabilitation of the bridges identified in the recitals of this LPAFA. This replacement or rehabilitation shall be accomplished in the manner described in the plans, specifications, and estimates developed in accordance with this LPAFA and which are incorporated in this agreement by reference. 6. Right of Way and Real Property A. The Local Government is responsible for the provision and acquisition of all necessary right of way and will not be reimbursed with federal or state funds for the required right of way. B. The Local Government authorizes the State, its consultant, contractor, or other designated representative to enter the sites of these bridges and adjacent right of way or relocation right of way to perform surveys, inspections, construction, and other activities necessary to replace or rehabilitate these bridges and approaches. 7. Adjustment of Utilities The Local Government 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 Bridge-Bridge_LPAFA Page 2 of 14 Revised 10/18/2016 Bridge Division CSJ #0902-90-019 District#02-Fort Worth Code Chart 64 # 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure#02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is 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 completed. 8. Environmental Assessment and Mitigation Development of the 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. A. The State is responsible for the identification and assessment of any environmental problems associated with the development of the Project governed by this LPAFA. B. Cost participation in environmental assessment and remediation work shall be paid by the parties in the same ratio as construction costs and will be included in the construction costs identified in Attachment D, Estimate of Direct Costs. C. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment. The Local Government does not need to provide certifications to the State concerning this matter. D. The State will not begin construction of the Project until identified environmental problems have been remediated, unless provided for otherwise. 9. Compliance with Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 10. Architectural and Engineering Services The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by state and federal law. The Local Government review shall not unduly delay the development of the Project. 11. Construction Responsibilities Construction responsibilities will be carried out by the State, as stated in the Master Agreement, without exception. 12. Project Maintenance Project maintenance will be undertaken as provided for in the Master Agreement, without exception. Bridge-Bridge_LPAFA Page 3 of 14 Revised 10/18/2016 Bridge Division CSJ #0902-90-019 District#02-Fort Worth Code Chart 64 # 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure#02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development 13. Local Project Sources and Uses of Funds A. A Project Cost Estimate is provided in Attachment D, Estimate of Direct Costs. B. A source of funds estimate is also provided in Attachment D. Attachment D shows the estimated direct preliminary engineering, construction engineering, and construction costs for the Project in total and by the Local Government. C. The Local Government participation is based upon the State's estimate of the eligible work at the time this LPAFA is executed and will not be adjusted during construction except as needed to include any Project cost item or portion of a cost item ineligible for state or federal participation. In addition to its share of estimated direct engineering and construction costs, the Local Government is responsible for the direct cost of any project cost item or portion of a cost item that is not eligible for federal participation under the federal HBRRP. The Local Government is also responsible for any cost resulting from changes made at the request of the Local Government. The State and the Federal Government will not reimburse the Local Government for any work performed before federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. D. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training 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 Qualification for the Texas Department of Transportation. 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 designated a qualified individual to oversee the Project. E. After execution of this LPAFA, but thirty (30) days prior to the performance of any work by the State, the Local Government shall remit to the State the amount specified in Attachment D as the local contribution for preliminary engineering. The Local Government will pay, at a minimum, its funding share for this estimated cost of preliminary engineering. F. Forty-five (45) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any other costs owed. Bridge-Bridge—LPAFA Page 4 of 14 Revised 10/18/2016 Bridge Division CSJ #0902-90-019 District# 02-Fort Worth Code Chart 64 # 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure # 02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development G. If, at the completion or termination of the Project, the State determines that additional funding is required by the Local Government, the State shall notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. H. Whenever funds are paid by the Local Government to the State under this LPAFA, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation". The check or warrant shall be deposited by the State and managed by the State. The funds may only be applied to the State Project. I. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. J. The State will not pay interest on any funds provided by the Local Government. K. The Local Government funding participation responsibilities include Project direct costs only, except when the Project is terminated before completion at the request of the Local Government as addressed in the Termination provision of this LPAFA. L. The amounts shown on Attachment D are estimates only. If actual costs exceed the estimates, this shall be considered a fixed price agreement, and no additional funding shall be required of the Local Government except to the extent that the additional costs result from changes made at the request of the Local Government or to the extent that the additional costs are not eligible for federal participation under the federal HBRRP. If actual costs are less than the estimates, Local Government participation shall be recalculated based on actual costs. If the recalculation results in a reduction in participation by the Local Government, the State shall pay the difference to the Local Government upon completion of the Project. M. Under the provisions of Texas Transportation Code Section 222.053 certain counties qualify as Economically Disadvantaged Counties (EDC) in comparison to other counties in the state as below average per capita property value, below average per capita income, and above average unemployment, for certain years. If applicable, in consideration of such EDC status that may be applicable for the Project, the required local match fund participation has been adjusted to ten percent (10%). N. The State will not execute the contract for the construction of a Project until the required funding has been made available by the Local Government in accordance with this LPAFA. O. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or Bridge-Bridge—LPAFA Page 5 of 14 Revised 10/18/2016 Bridge Division CSJ #0902-90-019 District# 02-Fort Worth Code Chart 64# 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure#02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development 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. P. 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. 14. Performance by Local Government of Equivalent-Match Projects (EMP) in Return for Waiver of Local Match Participation Funding on Participation-Waived Projects (PWP) A. Applicability. If a request for waiver has been received and approved by the State's District Engineer, then the required ten percent matching fund participation or percent as adjusted for EDC consideration, as shown in Attachment D, Estimate of Direct Costs, but excluding ineligible costs under the bridge program, is waived. This waiver is based on the commitment of the Local Government to spend an equivalent amount of funds for structural or safety improvement on "other" bridge structures and other conditions as specified in 43 TAC Section 15.55(d). If a waiver has been granted, the Project shall be defined to be a PWP and the work on the "other" bridge structures that will be improved by the Local Government shall be defined to be the EMPs. Attachment C to this LPAFA shows a list of EMPs under this LPAFA. B. Project Cost Estimate for PWP. Attachment D to this LPAFA shows the estimated direct preliminary engineering, construction engineering, and construction costs for the PWP in total and local match fund participation being waived or partially waived. C. Credit against EMP Work. Any local match fund participation that has already been paid, or which the Local Government is agreeable to paying to the State, will be credited against EMP work to be performed by the Local Government. If applicable, this credit will be reflected in Attachment D to this LPAFA. D. Responsibilities of the Local Government on EMPs 1. The Local Government shall be responsible for all engineering and construction, related costs, and compliance with all applicable state and federal environmental regulations and permitting requirements. 2. The structural or safety improvement work on the EMPs shall be performed subsequent to the final execution of this LPAFA but within three (3) calendar years after the earliest contract award of the related PWP. 3. Written documentation, suitable for audit, of the structural or safety improvement work completed on the EMPs shall be kept on file by the Local Government for Bridge-Bridge—LPAFA Page 6 of 14 Revised 10/18/2016 Bridge Division CSJ #0902-90-019 District#02-Fort Worth Code Chart 64# 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure #02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development four (4) years after completion of work or claims, lawsuits, or audits related to those items, whichever is longer. A notice of completion of work on the EMPs shall be delivered to the State's District Engineer no later than thirty (30) calendar days after work is completed on the EMPs. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 4. Failure by the Local Government to adequately complete the EMPs within the stated three-year period shall result in the Local Government being excluded from receiving such waivers for a minimum of five (5) years. E. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver of eligible program costs, the Local Government shall pay the State one-hundred percent (100%) of the cost of any PWP item or portion of a cost item that is not eligible for federal or state participation, and one-hundred percent (100%) of the costs resulting from additional work on the PWP performed solely at the request of the Local Government. If the ineligible or additional work is preliminary engineering, the payment shall be made at least thirty (30) days prior to the beginning of preliminary engineering work on the PWP. If the ineligible or additional work is for construction or construction engineering, the payment shall be made at least forty- five (45) days prior to the date set for receipt of bids for construction of the PWP. 15. 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: State: Director, Bridge Division Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 Local Government: TPW/Street & Storm Water Assistant Director City of Fort Worth 5001 James Avenue Fort Worth, Texas 76115 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. Bridge-Bridge_LPAFA Page 7 of 14 Revised 10/18/2016 Bridge Division CSJ # 0902-90-019 District# 02-Fort Worth Code Chart 64 # 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure #02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development 16. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 17. Lobbying Certification The parties to this LPAFA reaffirm that no federal funds were used to lobby for Project funds, but that if any lobbying occurred, it has been reported to the State, pursuant to the requirements of the Master Agreement. 18. Incorporation Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. 19. Local Government Restrictions In the case that the local government has an existing, future, or proposed local ordinance, commissioners court order, rule, policy, or other directive that is more restrictive than the state or federal regulations that results in an increase cost to the State for the project, the local government is responsible for all increased costs associated with the ordinance, order, policy, directive, or change. 20. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 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 Bridge-Bridge_LPAFA Page 8 of 14 Revised 10/18/2016 Bridge Division CSJ #0902-90-019 District#02-Fort Worth Code Chart 64 # 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure# 02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the contract until the Local Government complies and/or 2. cancelling, terminating, or suspending of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 21. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. Bridge-Bridge_LPAFA Page 9 of 14 Revised 10/18/2016 Bridge Division CSJ #0902-90-019 District#02-Fort Worth Code Chart 64 # 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure #02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & 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/mouattachments.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. 22. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it is 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 that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to Bridge-Bridge_LPAFA Page 10 of 14 Revised 10/18/2016 Bridge Division CSJ #0902-90-019 District#02-Fort Worth Code Chart 64# 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure #02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development receive Federal funds and, when requested by the State, to furnish a copy of the certification. 23. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.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 Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub-part 4.1100) if this award provides for more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web-site whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 24. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures of $750,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11 th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at singleaudits@txdot.gov. C. If expenditures are less than $750,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as Bridge-Bridge_LPAFA Page 11 of 14 Revised 10/18/2016 Bridge Division CSJ #0902-90-019 District#02-Fort Worth Code Chart 64# 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure#02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development follows: "We did not meet the $750,000 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. 25. Pertinent Non-Discrimination Authorities During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation 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). Bridge-Bridge_LPAFA Page 12 of 14 Revised 10/18/2016 Bridge Division CSJ #0902-90-019 District# 02-Fort Worth Code Chart 64# 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure #02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 26. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. Bridge-Bridge_LPAFA Page 13 of 14 Revised 10/18/2016 Bridge Division CSJ #0902-90-019 District# 02-Fort Worth Code Chart 64 # 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure #02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development THE LOCAL GOVERNMENT OF FOS City of Fort Worth O B �— y / City Secretary `�y Jesus J. Chapa Assistant City Manager APPROVED TO FORM AND LEGALITY APPR VAL RECOMMENDED By By C„J. Assistant City Attorney Douglas W. Wiersig, P.E. Director Transportation and Public Works Date: THE STATE OF TEXAS - AWA. f. Gregg A. rreeby, 761. Director, Bridge Division Texas Department of Transportation l Z LO-�-► Date OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Bridge-Bridge_LPAFA Page 14 of 14 Hevis 16 Bridge Division CSJ #0902-90-019 District# 02-Fort Worth Code Chart 64 # 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure # 02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT (SEE ATTACHMENTS) Bridge-Bridge_LPAFA Page 1 of 1 Attachment A Bridge Division A Resolution NO. 4839-09-2017 AUTHORIZING EXECUTION OF AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE REPLACEMENT OF THE RIVERSIDE DRIVE SOUTHBOUND BRIDGE DECK AND PROPOSING WAIVER OF THE CITY'S LOCAL MATCH TO BE REDIRECTED TO THE SCOUR/EMBANKMENT REPAIRS BY THE CITY OF THE NORTH UNIVERSITY DRIVE BRIDGE WHEREAS, the federal off-system bridge program is administered by the Texas Department of Transportation (the State) to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient) bridges located on public roads and streets off the designated state highway system; and WHEREAS, the City of Fort Worth, (the "Local Government") owns a bridge located at West Fork Trinity River on Riverside Drive SB, National Bridge Inventory (NBI) Structure Number 02-220-ZR50-50-001; and WHEREAS, projects to remedy the Riverside Drive SB Bridge are included in the currently approved program of projects as authorized by Texas Transportation Commission Minute Order 114670 dated 8/22/2017, Control-Section-Job (CSJ) Number 0902-90-019; and WHEREAS, the usual fund participation ratio for projects on such program is SO percent federal, 10 percent state and 10 percent Local Government; and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions the 10 percent Local Government match fund participation requirement may be waived with agreement by the Local Government to perform, or cause to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges or deficient main lane cross-drainage structures within its jurisdiction, such a project of structural improvement work being referred to as an "equivalent-match project"; and WHEREAS, the estimated Local Government match fund participation requirement on the approved Riverside Drive SB Bridge project is $92,207.00 (the "participation- waived amount"); and WHEREAS, the Local Government proposes to waive its participation requirement for the Riverside Drive SB Bridge project and in return perform or cause to be performed equivalent-match project structural improvement work using the participation-waived amount at N. University Drive Bridge over Trinity River (NBI: 02-220-ZU30-00-001). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That the City of Fort Worth shall perform, or cause to be performed, the following equivalent- match project in return for waiver of the local match fund participation requirement on the approved federal off-system bridge program(participation-waived)project not yet awarded: rWo Resolution No.4839-09-2017 LOCATION (and NBI ON SCHOOL DESCRIPTION OF ESTIMATED COST identification number, if BUS ROUTE STRUCTURAL applicable) IMPROVEMENT WORK (N. University Drive SB Yes Scour/Embankment $181,289.00 @ West Fork Trinity Repairs River)—0.5 miles S of SH 199 (NBI: 02-220- ZU30-00-001 EMP work credited to this project $92,207.00 Balance of EMP work available to associated PWPs N/A BE IT FURTHER RESOLVED that in receiving this waiver the Local Government acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d);such conditions that include but are not restricted to the following: 1. The Local Government must be currently in compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under US Code of Federal Regulations, Title 23, Section 650.303. 2. The equivalent-match project work increases the load capacity of the existing bridge or other main lane cross-drainage structure,or upgrades the structure to its original load capacity with a minimum upgrade to safely carry school bus loading if located on a school bus route. 3. In performing, or causing to be performed, the equivalent-match project(s), the Local Government assumes all responsibilities for engineering and construction, and complying with all applicable state and federal environmental regulations and permitting requirements for the structures being improved. 4. The work on the proposed equivalent-match project(s) has not begun and will not begin until the local match fund participation waiver approval process has been completed. 5.The Local Government will be allowed three years after the contract award of the participation- waived project to complete the structural improvement work on the equivalent-match project(s). Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and City of Fort Worth Adopted this 121h day of September, 2017. ATTEST: Mary J. Kayser, ySecretary �S RTW�O x NOS I M U E m N wHNLM w m z LU 0 N ix `\ > NOl c� m 0 0- U3.(S HD � NQ W Z O RIVERSIDE Q F ULU N u2 0 o rN yry�1 00 K J i1 SNIlunvs P4. p5 yg4 m N U) m ^�►� Jg N 2: 0 o z v a y v - y ut y�t4�t Y m� G y� cl: et � lu �� ti VINVAIAS ��•c 0 �° 7 m ` N O N Sr c a Z x w N N 7 �o �o '�G Y O 3:)VA w z LL) W w d O a g Iloul Ivo wm z w s w N LY w 0 N ~ N to HOOd Q ON C7 z 3 N Fl p., 3raan0 3 Alai 3wfm 0 oa W O � J "Sa3A1Nn uiU HONtf19 2Q� 0 ssaNOH0 N ti CLAd c Y ``p y a o w o o .{. x M @ C:) W a c Y a vlos Q5°� o L w oco c N� t � dJ o N��dsbJ cs► to lobo J > �� N t P to CSJ #0902-90-019 District#02-Fort Worth Code Chart 64 #15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure#02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP 02-220-ZR50-50-001 °: Namton ' 290,111,` HIM Park fG066.n } t b _ 02-7A2RS�SA001 :.., [,,,FJverW*DrlveSaQWeaFork TrV� zz jr 737 _ 0 t," ,w;L — �eo�t k.- (A 'A r� St .c —' �IE Tire�ef SF GAFF&At l E Arlie St -- — �,� 9.14a1Be St LD Omf 0.2 0.4 0.6 Bridge-Bridge_LPAFA Page 1 of 4 Attachment B Bridge Division CSJ #0902-90-019 District#02-Fort Worth Code Chart 64# 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure #02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.:20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP (CON'T) Joe- 4 t ffipproach. K,4g AXLE TA"I E" .. 1500OLes I i17.��p...,�L7e11-�f1Q1��hYelh 1��fxi� 3�`rtOi[�5 Va�1�O�FIQ94i'�4198.InokiFV# Bridge-Bridge_LPAFA Page 2 of 4 Attachment B Bridge Division CSJ #0902-90-019 District#02-Fort Worth Code Chart 64 # 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure #02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP (CON'T) 02-220-Zu30-00-001 CntWdy GfNGreerrorood rl i. 'Qye . o �''•t � Grand P= -. -- �P 'k 02-MIUM-OD �1 N.Univerdgr Drive SS 0 Wet fir ...-_.--,'-Fork Tr l� Ivor_- ti a tAte__ iso r' } � Fo%YVorth :� til 1 9QFJ, w t -q ". . j o� �! dd -4 . - •• . F461c111646;A1pg O� 'uViKjeSa 8t G W 51fi8F o- 61ft-S to _ f�a 0 mI 0.2 0.4 0.6 Bridge-Bridge_LPAFA Page 3 of 4 Attachment B Bridge Division CSJ #0902-90-019 District #02-Fort Worth Code Chart 64 # 15000 Project: Riverside Dr S8 @ West Fork Trinity River NBI Structure#02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP (CON'T) Packwood Park D e .r The South AbutmeM has spelling at east end below bearing STRUCTURE NO.: 02.220-ZU3D-00-001 N UNIVERSITY DR SO OVER WF TRINITY RIVER f ROCKWOOD PARK DR FORT WORTH DISTRICT-TARRANT COUNTY(220) INSPECTION DATE 3/102016 Bridge-Bridge_LPAFA Page 4 of 4 Attachment B Bridge Division CSJ # 0902-90-019 District#02-Fort Worth Code Chart 64# 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure # 02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT C ** LIST OF DISTRICT ENGINEER APPROVED EQUIVALENT MATCH PROJECTS Location (and On School Historic Description of Estimated structure Bus Bridge? Structural or Safety Cost identification number, Route? (Yes/No) Improvement Work if applicable) Yes/No 02-220-ZU30-00-001 Yes No Scour/Embankment $181,289.00 (N. University Drive Repairs SB @ West Fork Trinity River) — 0.5 miles S of SH 199 Total $181,289.00 EMP work credited to this PWP* $92,207.00 Balance of EMP work available to associated PWPs N/A Associated PWPs CSJs Amount to be Credited to Associated PWPs *This total should typically equal the "Balance of Local Government Participation" that is waived as shown in Attachment D. **This attachment not applicable for non-PWPs. Bridge-Bridge_LPAFA Page 1 of 1 Attachment C Bridge Division CSJ #0902-90-019 District#02-Fort Worth Code Chart 64# 15000 Project: Riverside Dr SB @ West Fork Trinity River NBI Structure#02-220-ZR50-50-001 Federal Highway Administration CFDA Title: Highway Planning & Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT D ESTIMATE OF DIRECT COSTS Local Government Estimated Cost Participation Preliminary Engineering (PE) (1) $114,391.80 Ten Percent (10%) or EDC Adjusted Percent of PE for Local Government (3) $11,439.00 Participation Construction $693,284.40 Engineering and Contingency (E&C) $114,391.80 The Sum of Construction and E&C (2) $807,676.20 Ten Percent (10%) or EDC Adjusted Percent of the Sum of Construction and E&C for Local Government Participation (4) $80,768.00 Amount of Advance Funds Paid by Local Government * (5) $0.00 Amount of Advance Funds to be Paid by Local Government * (6) $0.00 Balance of Local Government Participation which is to be Waived where the Project is a PWP (3+4-5-6) $92,207.00 Total Project Direct Cost (1+2) $922,068.00 *Credited Against Local Government Participation Amount If this Project is to be a PWP, Amount of EMP Work Being Credited to this PWP as Shown on Attachment C. $92,207.00 Bridge-Bridge_LPAFA Page 1 of 1 Attachment D Bridge Division RECEIVED JAN 0 8 2018 CS