HomeMy WebLinkAboutContract 51282 CITY SECRETARY
CONTRACT NO,,
lTEXAS PARKS r WILDLIFE
I
I Recreation Grants Branch
RECREATIONAL TRAILS PROGRAM GRANT AGREEMENT
TPWD Contract Number: 513959
FAIN Number: 48RT1501OM94E
Unique Entity Identifier(DUNS): 147336965
CFDA: 20.219
Project Number: RT015010
Sponsor Name: CITY OF FORT WORTH
Project Name: ARCADIA TRAIL SOUTH EXTENSION
Project Period: FROM 03-12-2018 TO 06-30-2022
Total Project Cost: $164,080.00 Approved Federal Funds: $131,264.00 (80%)
PROJECT SCOPE AND LOCATION:
This subaward is funded through the Federal Highway Administration (hereinafter FHWA), Grant
RT15010 to the City of Fort Worth (hereinafter Sponsor)for the construction and renovation of
0.1 miles +/- recreational trail, bridge, benches, signage, resource surveys and
engineeringat Arcadia Trail South Extension under the authority of the Recreational Trails
Grant Program, (CFDA# 20.219) issued to Texas Parks and Wildlife Department, Recreational
Trails Program (hereinafter TPWD) on date of award March 12, 2018. All publications arising
from this project shall acknowledge TPWD, as well as FHWA, as funding sources.
Sponsor is authorized to construct 0.1 miles+/- recreational trail, bridge, benches, signage,
resource surveys and engineering at Arcadia Trail South Extension in Fort Worth, Texas.
TPWD and Sponsor agree that the total cost of the Project is One Hundred Sixty-Four Thousand
Eighty Dollars ($164,080.00) and that reimbursement to Sponsor for work performed under this
agreement will not exceed Eighty Percent(80%)of the project cost up to the grant funds approved,
One Hundred Thirty-One Thousand Two Hundred Sixty-Four Dollars ($131,264.00).
Sponsor Will be paid up to$131,264.00 after submitting acceptable billings to TPWD for approved
work.
Location of the project is in Fort Worth, Texas.
OFFICIAL RECORD
00
-� CITY SECRETARY
•WORTH,TX
City of Fort Worth-RT15010 Page 1 of 6
This grant agreement(hereinafter Agreement), as defined in 2 CFR, 200.51, is made and entered
into by and between the TPWD and the Sponsor, with respect to the above described project
(hereinafter Project) as follows:
1. This grant is approved to construct 0.1 miles +/- recreational trail, bridge, benches,
signage, resource surveys and engineering at Arcadia Trail South Extension in Fort
Worth, Texas. Sponsor shall submit to TPWD any required resource surveys, an aerial
or satellite image, and ground-level color digital photos, which together show precise
locations of all project components before the project begins. Work on the ground
(construction) may not proceed until these documents are approved by the TPWD. Any
construction costs incurred prior to the receipt of the Notice to Proceed with
construction will not be eligible for reimbursement.
2. Sponsor agrees to submit complete signed and sealed construction pians and
specifications to TPWD and to construct the Project as specified in this agreement; and
register the Project with the Texas Department of Licensing and Regulation (TDLR)
— "Elimination of Architectural Barriers Program."
3. All construction shall be in compliance with all laws and regulations duly adopted by
governmental agencies of competent jurisdiction including meeting current Americans with
Disabilities Act compliance for Outdoor Developed Areas.
4. Any cultural and/or paleontological resource (historic or prehistoric site or object) that is
discovered by the Sponsor, or any person working on the Sponsor's behalf, shall be
immediately reported to TPWD/FHWA and the State Historic Preservation Officer. The
Sponsor shall stop all operations in the area of potential effect until written authorization
to proceed is issued by TPWD/FHWA after determination of appropriate actions to
prevent the loss of significant cultural, religious, or scientific values.
5. After completion of the Project and final payment by TPWD, Sponsor shall assume sole
responsibility for facility operation including area security and/or surveillance, maintenance
and repairs for a minimum of twenty(20) years.
6. Local regulations may be adopted by Sponsor pursuant to Section 31.092 of the Parks and
Wildlife Code. It is understood and agreed that Sponsor shall not designate public space
served by the Project as areas restricted from use by the general public without TPWD
approval. Violation of this covenant by Sponsor shall require 100% reimbursement to
TPWD of the costs of the Project.
7. This project is being funded with federal funds generated by a rebate of off-highway vehicle
fuel tax through the Recreational Trail Program administered by TPWD. As such, the
property must be open to the general public and maintained for a minimum of twenty years.
8. TPWD will provide the Sponsor with advisory assistance within its capabilities.
9. Sponsor shall submit Performance reports (status reports)through the Recreation Grants
Online (RGO) system (https://tpwd-recgrants.fluidreyiew.com). Performance reports are
due on 15th day of the month following the end of each calendar quarter. Reports must
City of Fort Worth-RT15010 Page 2 of 6
contain sufficient text and photographic detail to inform TPWD of the current status of the
grant project components. Each report must contain clear color ground-level digital photos
of the work site and each project component at the time the report is written and approved.
The report must describe in detail any progress, delays or problems occurring within the
grant period covered by the report. The final Performance report must summarize all work
completed (or not completed) and contain photos showing the overall site, and the site of
each individual project component, both before work began and after the project is
completed.
10. The Sponsor will submit financial reports with each reimbursement request submitted
quarterly through the RGO system. The reports should be in the form of an updated budget
summary of the project elements showing total costs to date. Frequency of submission of
reimbursement requests can be as needed, but they should be submitted at least quarterly
to show financial activity of the grant.
11. Cost Sharing or Match: The minimum non-federal match requirement is 20% of total
cumulative expenditures. No more than 80% of cumulative costs will be reimbursed.
12. Under the terms and conditions of this award, Sponsor must maintain an active System
for Award Management (SAM) registration at https://www.sam.-gov/portal/public/SAMI
until the final financial report is submitted or final payment is received, whichever is later.
If Sponsor's SAM registration expires during the required period, the FHWA will suspend
payment under this and all other FHWA awards to Sponsor until it updates its SAM
registration
13. TPWD will perform a final site inspection at the completion of the project. Progress
inspections may be performed at the discretion of TPWD.
14. Sponsor will maintain adequate records to support all claims for reimbursement and submit
to TPWD copies of all expenditures to be charged against the Project. Financial records
shall be retained by Sponsor for three years (3) after satisfaction of all Uniform
Administrative Requirements for Grants and Cooperative agreements to State and Local
Governments. Other records such as construction plans and this agreement shall be
maintained for the period specified in 2 CFR 200.333 Retention requirements for records.
15. Sponsor understands that acceptance of funds under this agreement acts as acceptance
of the authority of the State Auditor's Office, TPWD or any successor agency,to conduct an
audit or investigation in connection with those funds. Sponsor further agrees to cooperate
fully with the State Auditor's Office, TPWD or any successor in the conduct of the audit or
investigation, including providing all records requested. Sponsor will ensure that this clause
concerning the authority to audit funds received indirectly by subcontractors through
Sponsor and the requirement to cooperate is included in any subcontract it awards. This
right to audit provision includes the right of the applicable federal agencies and the federal
Office of the Inspector General to audit.
16. Amendments or change orders to this agreement shall be requested in writing by the
Sponsor and submitted through the RGO system. TPWD will review and approve or
disapprove amendments or change orders in concurrence with FHWA.
City of Fort Worth- RT15010 Page 3 of 6
17. In the event the cost of construction is below the maximum amount authorized,the Sponsor
may, at its discretion, include additional improvements or appurtenances on each
designated site as long as the Project total cost figures are not exceeded; provided,
however, such improvements or appurtenances are first approved in writing by TPWD and
FHWA.
18. Awards are based on the application and supporting documentation submitted to and
approved by TPWD and FHWA. Acceptance of this grant carries with it the responsibility
to be aware of and comply with Program legislation, Federal regulations, special award
terms, conditions and provisions including the Assurances - Constructions Programs (SF
424D), which are attached and made part of this Agreement. Acceptance is defined as the
start of work, drawing down of funds, or accepting the award via electronic means.
19. To the extent allowable by law, sponsor shall defend, indemnify, and hold harmless the
state of Texas, its officers, and employees, and the department, its officers, and employees
and contractors, from and against all claims, actions, suits, demands, proceedings, .costs,
damages, and liabilities, including without limitation attorneys' fees and court costs, arising
out of, connected with, or resulting from any acts or omissions of sponsor or any agent,
employee, subcontractor, or supplier of sponsor in the execution or performance of this
agreement, sponsor shall coordinate its defense with the Texas Attorney General as
requested by the department.
20. TPWD may temporarily suspend FHWA assistance under the Project pending corrective
action by the Sponsor or pending a decision to terminate the grant by TPWD.
21. The Sponsor may unilaterally terminate the project at any time prior to the first payment
on the Project. After the initial payment, the project may be terminated, modified, or
amended by the Sponsor only by mutual agreement with TPWD and FHWA.
22. TPWD may terminate the Project in whole, or in part, at any time before the date of
completion, whenever it is determined that the Sponsor has failed to comply with the
conditions of the grant. TPWD will promptly notify the Sponsor in writing of the
determination and the reasons for termination, together with the effective date. Payments
made to the Sponsor or recoveries by TPWD under projects terminated for cause shall
be handled in accord with the legal rights and liabilities of the parties.
23. TPWD or Sponsor may terminate the Agreement in whole, or in part, at any time before
the date of completion, when both parties agree that the continuation of the Project would
not produce beneficial results commensurate with the further expenditure of funds. The
two parties shall agree upon the termination conditions, including the effective date and,
in the case of partial termination, the portions to be terminated. The Sponsor shall not
incur new obligations for the terminated portion after the effective date, and shall cancel
as many outstanding obligations as possible. TPWD may allow full credit to the Sponsor
for the State share of the non-cancelable obligations, property incurred by the Sponsor,
pending written receipt detailing the reasons and effective date of termination. Payments
made to the Sponsor or recoveries by TPWD under projects terminated for cause shall
be handled in accord with the legal rights and liabilities of the parties.
City of Fort Worth- RT15010 Page 4 of 6
24. Termination either for cause or for convenience requires that the project in question be
brought to a state of recreational usefulness agreed upon by the Sponsor and TPWD, or
that all funds provided by TPWD be returned.
25. This Agreement is subject to cancellation, without penalty, either in whole or in part, if funds
are not appropriated by the Texas Legislature, or otherwise made available, to the TPWD.
26. Sponsor must disclose, in a timely manner and, in writing to TPWD all violations of
Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting this
Agreement. Failure to make required disclosures can result in any of the remedies
described in § 2 CFR 200.338 Remedies for noncompliance, including suspension or
debarment. (See also 2 CFR Part 180 and 31 U.S.C. 3321).
27. Whistleblower Rights and Requirements: 41 U.S.C. 4712, Enhancement of Recipient
and Subrecipient Employee Whistleblower Protection:
(a)This award, related subawards, and related contracts over the simplified acquisition
threshold and all employees working on this award, related subawards, and related
contracts over the simplified acquisition threshold are subject to the whistleblower
rights and remedies established at 41 USC 4712.
(b) Recipients, their subrecipients, and their contractors awarded contracts over the
simplified acquisition threshold related to this award, shall inform their employees in
writing, in the predominant language of the workforce, of the employee
whistleblower rights and protections under 41 USC 4712.
(c)The recipient shall insert this clause, including this paragraph (c), in all subawards
and in contracts over the simplified acquisition threshold related to this award.
28. U.S. Department of Homeland Security's E-Verify System: By entering into this
Agreement, the Sponsor certifies and ensures that it utilizes and will continue to utilize,
for the term of this Agreement, the U.S. Department of Homeland Security's E-Verify
system to determine the eligibility of:
a) All persons employed to perform duties within Texas, during the term of the
Agreement; and
b) All persons (including subcontractors) assigned by the Sponsor to perform work
pursuant to the Agreement, within the United States of America.
The Sponsor shall provide, upon request of TPWD, an electronic or hardcopy screenshot
of the confirmation or tentative non-confirmation screen containing the E-Verify case
verification number for attachment to the Form 1-9 for the three most recent hires that
match the criteria above, by the Sponsor, and Sponsor's subcontractors, as proof that this
provision is being followed.
If this certification is falsely made, the Sponsor may be immediately terminated, at
the discretion of the state and at no fault to the state, with no prior notification.
29. The Agreement is effective upon execution by both parties.
City of Fort Worth-RT15010 Page 5 of 6
TEXAS PARKS AND WILDLIFE DEPARTMENT CITY OF FORT WORTH
Trey Digitally signed by Trey Cooksey
DN:cn=Trey Cooksey,o=Recreation
Grants,ou=TPWD,
Cookseyemail=trey.cooksey@tpwd.texas.go
by c=ps by �+..� �
Date:2018.08.27 14:20:46-05'00'
Trey Cooksey, Recreational Trail Program Manager rt��a�Jo CcK�a. �1s5T. iL.i A4 Q�
Name and Title Name and itle
08/27/2018 y�i4/i8
Date of Signature Date of Signature
FX SAM Datelinitials 3WWP0 08.18.18 tc Federal Aid Date/Initials /Q
OFFICIAL RECORD
CITY RECRETARY
FT. WORTH rx
City of Fort Worth- RT15010 Page 6 of 6
CITY OF FORT WORTH
APPROVAL RECOMMENDED:
By: I(�6
Name: ichard Zavala
Title: Director, Park & Recreation Department
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
By:
t
Name: DwigTa /
Title: Landscape ArAitect
APPROVED AS TO FORM AND LEGALITY:
By:
Name: INAAcr-, 0L.-jr,-N4 _. .
Title: Assistant City Attorney OFFICIAL.RECORD
CITY SECRETARY
F R T FT.'NORTH,TX
ATTEST: SOF.••••""
O.
By: ~: �
V' `= M&C No.: N/A
M&C Date: N/A
Name: Mary Ka'ser (AS
Title: City Secretary " " Form 1295 No: N/A
City of Fort Worth—RTI 5010—Appendix A Page 1 of 1 Additional Required City of Fort Worth Signatures