HomeMy WebLinkAboutContract 54616 DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
CSC No.54616
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
MINOR INTERSECTION IMPROVEMENT PROGRAM
Program Implementation
AGREEMENT COVER SHEET
TYPE OF AGREEMENT: Subrecipient agreement for reimbursable activities to City of Fort Worth
(DUNS #: 073170458)
SUBRECIPIENT AWARD AMOUNT: $350,000 ($280,000 FEDERAL+$38,769 LOCAL+$31,231
STATE)
SUBRECIPIENT AGREEMENT PERIOD: Date of final execution through May 31, 2021
FUNDING SOURCE, FEDERAL AWARD IDENTIFICATION NUMBER (FAIN), PROJECT
DESCRIPTION, & FEDERAL AWARD PERFORMANCE PERIOD: NCTCOG has received multiple
CMAQ awards from the Federal Highway Administration (FHWA), through agreements executed with
TxDOT, to fund subrecipient awards associated with this program:
- an Agreement executed on July 13, 2018, and subsequently amended on August 16, 2019,
for the Regional Minor Intersection Improvement Program in the amount of$2,500,000
($2,000,000 CMAQ + $250,000 State Match + $250,000 Local Participation). The period of
performance for NCTCOG's award is September 5, 2019 to August 31, 2023. FAIN Numbers:
481802829L40E, 481802829M400, 481802829M40E,481802829Z400,
693JJ21930000Z400TX1902424
- an Agreement executed on August 30, 2016, and subsequently amended on August 19,2019,
for the Emissions Reduction Strategies for Ozone Precursors Including Volatile Organic
Compound (VOC) Controls & Other Designated Pollutants in the amount of$1,000,000
($1,000,000 CMAQ + 200,000 Transportation Development Credits). The period of
performance for NCTCOG's award is September 6, 2016 to August 31, 2021. FAIN Numbers:
481602686M400, 481802479Z400,481802480Q400
CFDA NAME & NUMBER: Highway Planning & Construction 20.205
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
616 Six Flags Drive Project Manager.
Centerpoint 11 Gregory Masota
Arlington, Texas 76011 Transportation Plannerlll
gmasota(afnctcaa.org
(817) 695-9264
CITY OF FORT WORTH
Aziz Rahman, PE, PTOE Project Manager.
Fort Worth, TX 76115 Aziz Rahman, PE, PTOE
Sr. Professional Engineer
Aziz.rahman()fortworth texas..gov
817-392-8653
FUNDING AGENCY
Texas Department of Transportation Project Manager.
2501 Southwest Loop 820 Theresa Poor
Fort Worth,Texas 76133-2300 Director of Transportation Operations
Project Manager: Minor Intersection Improvements
Theresa.Poer(c�txdot.gov
Jamye Sawey
Environmental Supervisor
Project Manager. Emissions Reduction Strategies
Jamye.SaweyC@txdot.gov
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
INTERLOCAL COOPERATION AGREEMENT
Between
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
and
CITY OF FORT WORTH
for
IMPLEMENTATION OF
A MINOR INTERSECTION IMPROVEMENT PROGRAM
WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as
the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor
of Texas in accordance with federal law,and,
WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected officials,
is the regional transportation policy body associated with NCTCOG and has been and continues to
be a forum for cooperative decisions on transportation;and,
WHEREAS, the RTC is committed to the development and implementation of policies, projects, and
programs to improve air quality and reduce emissions; and,
WHEREAS, on May 12, 2016, the RTC approved funding for implementation of a Minor Intersection
Improvement Program; and,
WHEREAS, on September 14, 2017, the RTC approved the criteria for the competitive selection of
participants in the Minor Intersection Improvement Program; and,
WHEREAS, on April 12, 2018, the RTC approved the selection of subrecipients in the Minor
Intersection Improvement Program; and,
WHEREAS, on May 24, 2018, the Executive Board in its capacity as the RTC`s fiduciary agent,
authorized NCTCOG to enter into an Agreement with City of Fort Worth as part of the Minor
Intersection Improvement Program; and,
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, provides
authority for the North Central Texas Council of Governments and local governments to enter into this
Agreement for the provision of governmental functions and services of mutual interest.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained
herein, the parties agree as follows:
ARTICLE 1. PARTIES
1.1 Parties. This Agreement, hereinafter referred to as the "Agreement", is made and
entered into by and between the North Central Texas Council of Governments,
hereinafter referred to as "NCTCOG", and CITY OF FORT WORTH, hereinafter
referred to as "CITY". NCTCOG and CITY may each be referred to as a "Party" and
may be collectively referred to as "Parties" to thisAgreement.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Interlocal Cooperation Agreement Page 1
NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
ARTICLE 2. FUNDING
2.1. Award Amount. The total anticipated project cost is $350,000 NCTCOG will
reimburse CITY'S eligible costs up to the Maximum Reimbursement Amount of
$311,231. The Maximum Reimbursement Amount cannot exceed the total Federal
Reimbursement amount and any State Match (if applicable), as outlined in the Scope
of Work (SCOPE). The CITY agrees to contribute, through in-kind contribution,
$38,769 or the local match share identified in the Scope of Work in Exhibit A.
Transportation Development Credits are not eligible for reimbursement. Required local
match shall be through in-kind contribution and shall be proportional to the Federal
Reimbursement amount. The actual amount of reimbursement may be less than the
Award Amount and will be determined under the conditions of this Agreement. CITY
shall be responsible for any costs in excess of the Award Amount.
2.2. Indirect Costs. CITY'S. eligible Indirect Cost rate under this Agreement is 0%.
2.3. Compliance. All activities funded, operated, and maintained under this Agreement
must be in compliance with the Uniform Administrative Requirements, Cost Principles
and Audit Requirements for Federal Awards, 2 Code of Federal Regulations (CFR)
200 and other Federal, State, and local law. Additionally, the CITY shall ensure
compliance with funding agency requirements set forth in Exhibit E.
ARTICLE 3. SCOPE OF WORK
3.1 Scope of Work. NCTCOG will provide reimbursement to CITY for CITY'S
Improvements under this Agreement, implemented through the Project, as detailed in
Exhibit A.
3.2 Scope of Work Granges. Changes to the SCOPE must be agreed to by both Parties
in writing.
ARTICLE 4. TERM
4.1 Term. This Agreement shall take effect on the date executed by the Parties and shall
remain in effect until May 31, 2021. This Agreement shall automatically terminate upon
completion of the Project, although there may be ongoing property management
requirements detailed in Article 6.2.
4.2 Termination. Either Party reserves the right to terminate this Agreement in whole or
in part. Notice of termination must be provided in writing, shall set forth the reasons for
termination, and shall provide for a minimum of ten (10) days to cure the defect.
Termination is effective only in the event the Party fails to cure the defect within the
period stated in the termination notice including any written extensions. If the
Agreement is terminated, NCTCOG shall only be liable for eligible expenses incurred
before the effective date of termination. The Parties may terminate this Agreement at
any time by mutual written concurrence.
ARTICLE S. REIMBURSEMENT AND REPORTING REQUIREMENTS
5.1 Payment. CITY will submit a Request for Reimbursement upon completion of the
SCOPE. Any reimbursement under this Agreement shall be payable only after eligible
costs are approved by NCTCOG. NCTCOG will approve payments as soon as
Interlocal Cooperation Agreement Page 2
NCTCOG and City of Fort worth-TRN6415
Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
practicable, but not later than forty-five (45) days after a complete Request for
Reimbursement has been received, provided that complete and accurate supporting
documentation has been submitted to NCTCOG. Costs incurred prior to execution of
this Agreement are not be eligible for reimbursement. There shall be no obligation
whatsoever to pay for performance of this Agreement from the monies of NCTCOG,
other than grant funds received by NCTCOG from NCTCOG's funding agency for the
purposes of reimbursement under this Agreement. NCTCOG shall provide CITY with
written notice within five (5) business days after becoming aware that grant funds
received by NCTCOG from NCTCOG's funding agency for the purposes of
reimbursement under this Agreement are no longer available for reimbursement to
CITY. At the end of NCTCOG's fiscal year, NCTCOG may request the CITY to provide
an estimate of expenses incurred. CITY shall provide timely responses to NCTCOG's
request for expenditure information.
5.2 Reimbursement. CITY shall submit its Reimbursement Request to NCTCOG at
TRGrants@nctcog.org. Requests for Reimbursement shall include CITY invoice
printed on letterhead, proof of payment, applicable receipts, a signature by a certifying
official as detailed in Article 5.3, and other supporting documentation. NCTCOG may
deem a Request for Reimbursement incomplete if the data and/or documentation are
incomplete or improper, or if the CITY fails to submit necessary reports or provide
other information requested by NCTCOG under the terms of this Agreement.
NCTCOG may reject requests for reimbursements which fail to demonstrate that costs
are eligible for reimbursement and/or which fail to conform to the requirements of this
Agreement.
5.3 Certifying Official. As detailed in 5.2, the CITY is required to provide signed invoices.
The individual noted below has the authority, on behalf of the CITY, to certify and
serve as the signatory on invoices related to this project. By signing the invoice,
Certifying Officials are acknowledging review of invoices to ensure expenses included
in the invoice are consistent with the Agreement, all services and costs are
documented on the invoices are accurate and eligible, and all subrecipient and
contractors have been fully paid.
Any invoices received by NCTCOG without the signature of the individual noted below
may result in the invoice being returned unpaid.
Certifying Official:
Name: Aziz Rahman, PE, PTOE
Title: Sr. Professional Engineer
5.4 Eligible Expenses. Costs incurred by the CITY prior to final execution of this
Agreement are not eligible for reimbursement. NCTCOG may reject requests for
reimbursement which fail to demonstrate that costs are eligible for reimbursement
and/or which fail to conform to the requirements of this Agreement. Eligible and
allowable expenses are limited to costs determined by NCTCOG in its sole discretion
as eligible costs necessary to complete the Project and consistent with cost principles
established in 2 CFR 200, Subpart E. CITY staff time is not eligible for reimbursement
under this Award.
5.5 Availability of Funds. Any reimbursement under this Agreement shall be payable
only after eligible costs are approved by NCTCOG. This Agreement and all claims,
suits, or obligations arising under or related to this Agreement are subject to and
Interlocal Cooperation Agreement Page 3
NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
limited to the receipt and availability of funds which are received from the funding
agency by NCTCOG dedicated for the purpose of this Agreement.
5.6 Return of Funds. The CITY agrees to return funds received from NCTCOG for
reimbursement under this Agreement where the CITY has failed to comply with the
requirements set forth in this Agreement.
ARTICLE 6. PROCUREMENT AND PROPERTY MANAGEMENT
6.1 Procurement Standards. CITY agrees that its purchase of equipment/technology
under this Agreement will comply with the procurement standards and requirements of
2 CFR Part 200.317-.326 and applicable State regulations. The CITY shall not proceed
with procurement for any equipment/technology under this agreement until NCTCOG
has provided written preapproval. If the CITY fails to meet these requirements,
NCTCOG may deny reimbursement requests. If such failure is determined after
reimbursement has been made, the CITY agrees to return reimbursed funds that were
not in compliance with these requirements, whether determined by NCTCOG,
NCTCOG's funding partners, or its agents.
6.2 Equipment Use, Management, and Disposition. CITY agrees that its purchase of
equipment/technology under this Agreement will comply with the property
management standards and requirements outlined by the US Department of
Transportation in 2 CFR 200.313. The CITY agrees to provide NCTCOG reasonable
information concerning the use and condition of the equipment upon request.
ARTICLE 7. MODIFICATION, WAIVER, AND SEVERABILITY
7.1 Whole Agreement. This Agreement embodies all of the agreements of the parties
relating to its subject matter and supersedes all prior understandings and agreements
regarding such subject matter.
7.2 Severability. In the event any one or more of the provisions contained in this
Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision(s) hereof, and this Agreement shall be revised so as to cure such invalid,
illegal, or unenforceable provision(s) to carry out as near as possible the original intent
of the Parties.
7.3 Changed Circumstances. If future federal, State, or local statute, ordinance,
regulation, rule, or action render this Agreement, in whole or in part, illegal, invalid,
unenforceable, or impractical, the parties agree to delete and/or to modify such
portions of the Agreement as are necessary to render it valid, enforceable, and/or
practical. Each section, paragraph, or provision of this Agreement shall be considered
severable, and if, for any reason, any section, paragraph, or provision herein is
determined to be invalid under current or future law, regulation, or rule, such invalidity
shall not impair the operation of or otherwise affect the valid portions of this instrument.
7.4 Assignment. Without the prior written consent of NCTCOG, the CITY may not
transfer or assign any rights or duties under or any interest in thisAgreement.
7.5 Amendments. Amendments to this Agreement must be agreed to in writing signed by
each Party.
Interlocal Cooperation Agreement Page 4
NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
ARTICLE 8. MISCELLANEOUS PROVISIONS
8.1 Liability. The Parties agree that neither party is an agent, servant, employee of the
other party and each party agrees it is responsible for its individual acts and deeds, as
well as the acts and deeds of its contractors, employees, representatives, andagents.
8.2 Force Majeure. It is expressly understood and agreed by the parties to this
Agreement that, if the performance of any provision of this Agreement is delayed by
force majeure, defined as reason of war, civil commotion, act of God, governmental
restriction, regulation or interference, fire, explosion, hurricane, flood, failure of
transportation, court injunction, or any circumstances which are reasonably beyond the
control of the party obligated or permitted under the terms of this Agreement to'do or
perform the same, regardless of whether any such circumstance is similar to any of
those enumerated herein, the party so obligated or permitted shall be excused from
doing or performing the same during such period of delay, so that the period of time
applicable to such requirement shall be extended for a period of time equal to the
period of time such party was delayed. Each party must inform the other in writing
within reasonable time of the existence of such force majeure.
8.3 Property Insurance. The CITY must maintain sufficient property insurance or self-
insurance for the repair or replacement of any equipment/technology funded under this
Agreement, unless otherwise expressly agreed upon in writing by NCTCOG.
8.4 Captions. The captions, headings, and arrangements used in this Agreement are for
convenience only and shall not in any way affect, limit, amplify, or modify its terms and
provisions.
8.5 Disputes and Remedies. The CITY and NCTCOG shall negotiate in good faith
toward resolving any disputes that arise under this Agreement. This Agreement does
not limit any remedy or right under law available to a Party to enforce the terms herein.
8.6 Notice. All notices regarding this Agreement shall be in writing and shall be delivered
to the persons identified below:
NCTCOG
Mailing Address:
Michael Morris, P.E.
Director of Transportation
North Central Texas Council of Governments
P.O. Box 5888
Arlington, Texas 76005-5888
NCTCOG Project Manager
Gregory Masota
Transportation Planner III
North Central Texas Council of Governments
616 Six Flags Drive
Arlington, Texas 76011
Interlocal Cooperation Agreement Page 5
NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
LOCAL GOVERNMENT
Mailing Address:
Dana Burghdoff
Assistant City Manager
5001 James Ave
Fort Worth, TX 76115
Project Manager:
Aziz Rahman, PE, PTOE
Sr. Professional Engineer
5001 James Ave
Fort Worth, TX 76115
8.7 Governing Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas. The mandatory and exclusive venue
for the adjudication or resolution of any dispute arising out of this Agreement shall be
in Tarrant County, Texas.
8.8 Regional ITS Memorandum of Understanding. CITY agrees to exercise reasonable
good faith efforts to review, comment on and finalize with NCTCOG a Memorandum of
Understanding Between Dallas-Fort Worth Regional Intelligent Transportation System
Partners Concerning Guiding Principles for Multi-Agency Communication, Data and
Video Sharing.
ARTICLE 9. ACCESSIBILITY AND MAINTENANCE OF RECORDS
9.1 Maintenance. The CITY shall maintain a record keeping system for all of its activities,
including program records and financial management records, which support and
document all expenditures of funds made under this Agreement, in accordance with
federal regulations, state rules, and the Agreement. This section shall not be
interpreted to require maintenance of multiple exact duplicate copies of any record or
document.
9.2 Retention. All records must be maintained for a minimum of four (4) years following
final reimbursement. In the event that any litigation or claim is still pending, these
records shall be retained until resolution of the litigation or claim. NCTCOG,
NCTCOG's funding agency, or their designees shall have access to all records that are
directly applicable to this Agreement for the purpose of making audit examinations.
ARTICLE 10. AUDITS
10.1 Audits. CITY agrees that NCTCOG, the State of Texas, and/or the Federal
Government may conduct an audit or investigation related to funds received under this
Agreement.
10.2 Single Audit Act. As applicable, the PERFORMING PARTY shall comply with the
requirements of the audit provisions of 2 CFR Part 200, Subpart F, which requires that
a non-federal entity that expends $750,000 or more during the non-federal entity's
fiscal year in federal awards must have a single or program-specific audit conducted
for that year.
Interlocal Cooperation Agreement Page 6
NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
ARTICLE 11. REQUIRED CLAUSES AND ASSURANCES
11.1 Equal Employment Opportunity. CITY shall not discriminate against any employee
or applicant for employment because of race, religion, color, sex, sexual orientation,
gender identity, or national origin. CITY shall take affirmative actions to ensure that
applicants are employed, and that employees are treated, during their employment,
without regard to their race, religion, color, sex, sexual orientation, gender identity or
national origin. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
11.2 Davis-Bacon Act. CITY agrees to comply with all applicable provisions of 40 USC
§3141 — 3148.
11.3 Contract Work Hours and Selection Standards. CITY agrees to comply with all
applicable provisions of 40 USC §3701 — 3708 to the extent this Agreement indicates
any employment of mechanics or laborers.
11.4 Rights to Invention Made Under Contract or Agreement. CITY agrees to comply
with all applicable provisions of 37 CFR Part401.
11.6 Clean Air Act, Federal Water Pollution Control Act, and Energy Policy
Conservation Act. CITY agrees to comply with all applicable provisions of the Clean
Air Act under 42 USC §7401 -- 7671, the Energy Federal Water Pollution Control Act
33 USC §1251 -- 1387, and the Energy Policy Conservation Act under 42 USC§6201.
11.6 Debarment/Suspension. CITY is prohibited from making any award or permitting any
award at any tier to any party which is debarred or suspended or otherwise excluded
from or ineligible for participation in federal assistance programs under Executive
Order 12549, Debarment and Suspension. CITY and its subcontractors shall comply
with the special provision "Certification Requirements for Recipients of Grants and
Cooperative Agreements Regarding Debarments and Suspensions" which is included
as Exhibit B of this Agreement.
11.7 Restrictions on Lobbying. CITY is prohibited from using monies for lobbying
purposes; CITY shall comply with the special provision "Restrictions on Lobbying,"
which is included as Exhibit C of this Agreement. CITY shall include a statement of
compliance with the Lobbying Certification and Disclosure of Lobbying Activities in
applicable procurement solicitations. Lobbying Certification and Disclosure of Lobbying
Activities shall be completed by subcontractors and included in subcontractor
contracts, as applicable.
11.8 Procurement of Recovered Materials. CITY agrees to comply with all applicable
provisions of 2 CFR§200.322.
11.9 Buy America. The CITY agrees to comply with all Buy America requirements under
23 USC 313 and 23 CFR 635.410, which require a domestic manufacturing process
for any steel or iron products. The CITY must provide a Buy America Certification,
example Certification document attached as Exhibit D, completed by the equipment
manufacturer or demonstrate that the Federal Highway Administration has granted a
waiver of the Buy America requirements.
Interlocal Cooperation Agreement Page 7
NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
11.10 Disadvantaged Business Enterprises (DBE). When issuing procurements under
this Agreement, the CITY shall include a Disadvantaged Business Enterprise goal of
7.7 percent. The CITY shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The CITY shall carry out applicable
requirements of 49 CFR Part 26 and 2 CFR 200.321 in the award and administration
of US Department of Transportation assisted contracts. Failure by the CITY 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. The CITY shall make meaningful good faith efforts towards attainment of
DBE participation, consistent with guidelines established in Exhibit A of 49 CFR Part
26. In review of procurement activities, NCTCOG may require the CITY to document
meaningful good faith efforts. Additionally, CITY will be required to report DBE
participation achieved to NCTCOG for this project.
11.11 Internal Compliance Program. NCTCOG has adopted an Internal Compliance
Program to prevent waste, fraud, or abuse. Contractors, agents, and volunteers can
report suspected waste, fraud, or abuse at: https://www.nctcog.org/agency-
administrationlcompliance-portal. Additional information regarding the Internal
Compliance Program is available at the previous web address.
EXHIBITS
The following Exhibits are attached and made part of this Agreement.
Exhibit A: Scope of Work
Exhibit B: Lower Tier Participant Debarment Certification
Exhibit C: Lobbying Certification and Disclosure of Lobbying Activities
Exhibit D: Buy America Certification
Exhibit E: TOOT Flow Down Provisions
Interiocal Cooperation Agreement Page 8
NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
IN WITNESS WHEREOF, the Parties have executed this Agreement. This Agreement becomes
effective on the day the last Party signs.
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
DocuSigned by:
l�LS d 9/15/2020
Mike Eastland Date
Executive Director
CITY OF FORT WORTH
154Kgi,d�rrc in..o nwsscon 7/10/2020
Dana Burghdoff Date
Assistant City Manager
07/10/2020
William Johnson Date
Director, Transportation and Public Works
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.
WU--j 07/09/2020
:anZRai:rn zal&zocot 13
Aziz Rahman Date
Sr. Professional Engineer
APPROVED AS TO FORM AND LEGALITY:
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Douglas W. Black 4dd4�un� Date
Sr. Assistant City Attorney �� F°Rr00 ° �Ajg
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07/13/2020
Mary J. Kayser Date OFFICIAL RECORD
City Secretary
CITY SECRETARY
FT.WORTH,TX
Interlocal Cooperation Agreement Page 9
NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
EXHIBIT A
SCOPE OF WORK
Interlocal Cooperation Agreement Page 10
NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
Traffic Signal Hardware Upgrade Scope Fort Worth
Scope Traffic Signal Hardware Upgrade Project (65 locations)
TIP Code Traffic Signal Hardware Upgrades
11652
Scope
This project will add 4GS modems and PTZ cameras and replace old NEMA cabinets with new cabinets
and controllers at 65 locations.
Progress Report Requirements
Status reports shall be submitted semi annually,first report due on April 7(covering Oct 1st-Mar 31st
),and second report due on October 7(covering April 1st-Sept 30th)of each fiscal year until
completion of the Scope.Reports shall include the scope name,the date that the report is submitted,
and a list of activities carried out during the reporting period.
Budget Information
Total Project Cost: $ 350,000.00 Share
State Match: $ 31,231.00 8.9%
Local Match: $ 38,769.00 11,10A
Federal Reimbursement: $ 280,000.00 80%
Locations
Location Description of Work
Beach Street-Various locations(13) Procure and install modems and PTZ cameras
N.Tarrant Pkwy-IH-35W to Parkwood Hill (7) Procure and install modems and PTZ cameras
Trinity Blvd-820 to HWY 360(10) Procure and install modems and PTZ cameras
Hwy 199-N .University to Trenderfoot(8) Procure and install modems and PTZ cameras
Heritage Trace Pkvq-IH-35W to Ray White(4) Procure and install modems and PTZ cameras
IH-30-Walsh to Eastchance Pkwy(4) Procure and install modems and PTZ cameras
IH-35-(Golden Triangle&Basswood)(2) procure and install modems and PTZ cameras
Eastchase Pkvey-Brentwood Stair&Ederville(2) Procure and install modems and PTZ cameras
Basswood @ Teal(1) Procure and install moderns and PTZ cameras
Western Center @ Bayberry(1) Procure and Install modems and PTZ cameras
Clifford&IH-820(W) (1) Procure and install modems and PTZ cameras
White Settlement @ IH-820(E) (1) Procure and install modems and PTZ cameras
Brentwood Stair @ Woodhaven/Wislon(1) Procure and install modems and PTZ cameras
Bridge @ Woodhaven (1) Procure and install modems and PTZ cameras
Hulen @ Donnaley(1) Procure and install moderns and PTZ cameras
Boat Club @ Shadydell(1) Procure and install modems and PTZ cameras
University @ W 7th St.(1) Procure and install modems and PTZ cameras
Long @ Clinton(1) Procure and Install cabinets and controllers
White Settlement @ Carroll(1) Procure and install cabinets and controllers
Yucca/Northside @ Oakhurst Scenic(1) Procure and install cabinets and controllers
Intorlocal Cooperation Agreement Page 11
NCTCCG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
IH-35 @ HWY 114(1) Procure and install cabinets and controllers
IH-820 @ Quebec St(1) Procure and install cabinets and controllers
IH 30 @ Montgomery(1) Procure and install cabinets and controllers
Interlocal Cooperation Agreement Page 92
NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
EXHIBIT B
LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION
Interlocal Cooperation Agreement Page 13
NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
EXHIBIT B
CERTIFICATION REQUIREMENTS FOR RECIPIENTS OF GRANTS
AND COOPERATIVE AGREEMENTS REGARDING
DEBARMENT AND SUSPENSIONS
Department of Transportation (DOT) Circular 2015.1 excludes entities and individuals that the federal
government has either debarred or suspended from obtaining federal assistance funds through
grants, cooperative agreements, or third-party contracts. NCTCOG has elected to include the
requirements of the DOT Circular 2015.1 in all third-party contracts for federal funds. A certification
process has been established by 49 CFR. Part 29 as a means to ensure that debarred, suspended,
or voluntarily excluded persons do not participate in a federally assisted project. The inability of a
person to provide the required certification will not necessarily result in a denial of participation in a
covered transaction. A person that is unable to provide a positive certification as set forth in the
Circular may submit a complete explanation attached to the certification. DOT will consider the
certification and any accompanying explanation in determining whether or not to provide assistance
for the project. Failure to furnish a certification or any explanation may disqualify that person
from participating in the project.
Each potential third-party contractor, subcontractor under a third-party contract, subgrantee, or
subrecipient must provide to the grantee or recipient of a cooperative agreement, as appropriate, a
certification for a lower tier participant. In general, lower-level employees or procurements of less
than $25,000 will not be covered by the certification process procedures, except in the case of
procurements with individuals that would have a critical influence on or substantive control over the
project; nevertheless, a participant is not authorized to involve a lower-level employee or enter into a
contract of less than $25,000 with a person actually known by the participant to be debarred,
suspended or voluntarily excluded.
NCTCOG requires each potential contractor subgrantee, or subrecipient for a third-party
contract to complete the certification in Exhibit B.1 for itself and its principals.
If an applicant for a grant or cooperative agreement or a potential contractor for a third-party contract
knowingly enters into a lower-tier covered transaction such as a third-party contract or subcontract
under a major third-party contract or subgrant with a person that is suspended, debarred, ineligible, or
voluntarily excluded from participation in the project, in addition to other remedies available to the
federal government, DOT may terminate the grant or subcontract, the underlying grant or cooperative
agreement for cause or default.
Interlocal Cooperation Agreement Page 14
NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
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EXHIBIT B.1
LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION
Aziz Rahman , being duly
(Name of certifying official)
sworn or under penalty of perjury under the laws of the United States, certifies that neither
City of Fort Worth nor its principals
(Name of lower tier participant)
are presently:
• debarred, suspended, proposed fordebarment,
• declared ineligible,
• or voluntarily excluded from participation in this transaction
by any federal department or agency.
Where the above identified lower tier participant is unable to certify to any of the above statements in
this certification, such prospective participant shall indicate below to whom the exception applies, the
initiating agency, and dates of action.
Exceptions will not necessarily result in denial of award but will be considered in determining
contractor responsibility. Providing false information may result in criminal prosecution or
administrative sanctions.
EXCEPTIONS:
�n�
Azle Rehm o fJu[N,[02U 1G:17 eoTi
Signature of Certifying Official
Sr. Professional Engineer
Tit e
7/28/2020
Date of Certification
Form 1734
Rev.10-91
TPFS
Interlocai Cooperation Agreement Page 15
NCTCOG and City of Fort Worth-TRN6415
Regional Mlnor Intersection Improvement Program
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EXHIBIT C
LOBBYING CERTIFICATION AND DISCLOSURE OF LOBBYING ACTIVITIES
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EXHIBIT C
LOBBYING CERTIFICATION
FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any federal agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant,
the making of any federal loan, the entering into of any cooperative agreement, and the extension
continuation, renewal amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
-0 _ Z
A7iz Rahman(Jul 20,2020 16a2 CDT)
Signature
Sr. Professional Engineer
Title
City of Fort Worth
Agency
M 28, 2020
Date
TxnOT
1-91
TPFS
Intorlocal cooperation Agreement Page 17
NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
Complete this form to disclose lobbying activities
(See instructions for public burden disclosure)
1. Type of Action: 2. Status of Action: 3. Report Type:
❑ a. contract n a. bidlofferlapplication a a, initial filing
❑ b. grant o b. initial award ❑ b. material charge
o c. cooperative agreement ❑ c. post-award
n d. loan For Material Change Only:
❑ e. loan guarantee year quarter
o f. loan insurance date of last report
4. Name and Address of Reporting Entity: 5.If Reporting Entity in No.4 is Subawardee,Enter Name and
n Prime Tier ifknown Address of Prime:
6. Department Agency: 7. Program NamelDescription:
8. Action Number,ifknown: 9. Award Amount,ifknown:
S
10.a. Name and Address of Lobbying Entity b.Individuals Performing Services(including address if
(if individual,last name,first name,M1): different from No.10a)
(last name,first name,MI):
(attach Continuation Sheet(s)SF-LLL-A, if necessary
11.Amount of Payment(check all that apply): 13.Type of Payment(check all thatapply):
Li a. retainer
$ actual • planned ❑ b. one-timefee
o c. commission
12. Form of payment(check all thatapply): o d. contingentfee
Cl a. cash ❑ e. deferred
❑ b. in-kind specify: nature o f. other;specify:
value
14. Brief Description of Services Performed or to he Performed and Date(s)of Service including officer(s),employee(s),or Member(s)
contacted,for Payment indicated in Item 11:
(attach Continuation Sheet(s)SF-LLL-A,if necessary)
15.Continuation sheet(s)SF-LLL-A attached: Yes No
16. This disclosure of lobbying activities Is a material
representation of fact upon which reliance was placed by the
tier above when this transaction was made or entered into. Signature:
This information will be available for public inspection.
Print Name:
Title:
Telephone:
Date:
NCTCOG Use Only: Authorized for Local Reproduction Standard Form-LLL
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NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
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INSTRUCTIONS FOR COMPLETION OF SF-LLL (STANDARD FORM --LLL)
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime recipient, at the initiation or receipt of a
covered action, or a material change to a previous tiling. The filing of a form is required for each payment or agreement to make payment
to any lobbying entity for influencing or attempting to influence an employee of NCTCOG, a Member of the Regional Transportation Council
(RTC), an officer or employee of the Regional Transportation Council (RTC), or an employee of a Member of the Regional Transportation
Council(RTC)in connection with a covered action. Use the SF-LIT-A Continuation Sheet for additional information if the space on the form
is inadequate.Complete all items that apply for both the initial filing and material change report.
1. Identify the type of covered action for which lobbying activity is and/or has been secured to influence the outcome of a covered
action.
2. Identify the status of the coveredaction.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted
report by this reporting entity for this covered action.
4. Enter the full name address city, state and zip code of the reporting entity. Check the appropriate classification of the reporting
entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee e.g., the first
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards
under grants.
5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name, address, city, state and zip code of
the prime recipient.
6. Enter the name of the agency making the award or loan commitment.
7. Enter the program name or description for the covered action(item 1.)
S. Enter the most appropriate identifying number available for action identified in item 1 (e.g,, Request for Proposal (RFP) number;
invitation for Bid (B) number, grant announcement number; the contract grant, or loan award number; the applicationlproposal
control number assigned by the agency.) Include prefixes,e.g."RFP-DE-90-001."
9. For a covered action where there has been an award or loan commitment by the agency, enter the amount of the award/loan
commitment for the prime entity identified in item 4 or5.
10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item
40 to influence the covered action.
(b)Enter the full names of the individuals(s)performing services and include full address if different from 10(a). Enter Last
Name,First Name and Middle Initial(MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4) to the lobbying entity
(item 10). Indicate whether the payment has been made(actual) or will be made(planned).Check all boxes that apply. If this is a
material change report,enter the cumulative amount of payment made or planned to bemade.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature
and value of the in-kind payment.
13. Check the appropriate boxes(s).Check all boxes that apply. If other,specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contract with officials.
Identify the employee of NCTCOG, the Member of the Regional Transportation Council (RTC), an officer or employee of the
Regional Transportation Council(RTC), or the employee of a Member of the Regional Transportation Council (RTC)in connection
with a covered.
15. Check whether or not a SF-LLL-A Continuation Sheet(s)is attached.
16. The certifying official shall sign and date the form,print his/her name,title,and the telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information.
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NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
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DISCLOSURE OF LOBBYING ACTIVITIES
CONTINUATION SHEET
Reporting Entity. Page of
Authorized for Local Reproduction
Interlocal Cooperation Agreement Page 20
NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
EXHIBIT D
BUY AMERICA CERTIFICATION
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NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
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BUY AMERICA CERTIFICATION
The undersigned certifies that the following equipment complies with the Federal Highway
Administration Buy America requirements under 23 CFR 635.410 requiring a domestic manufacturing
process for any steel or iron products (including protective coatings). A valid Buy America
Certification shall include both a signed certification and a domestic contentworksheet.
1.
2.
3.
4.
5.
To be considered domestic, all steel and iron used, and all products manufactured from steel
and iron must be produced in the United States and all manufacturing processes, including
application of a coating, for these materials must occur in the United States. Coating includes all
processes which protect or enhance the value of the material to which the coating is applied. This
requirement does not preclude minimal use of foreign steel, and iron materials that does not exceed
one-tenth of one percent of the total contract cost or $2,500, whichever is greater.
Name, Title Company
Date
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NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
BUY AMERICA CERTIFICATION
The undersigned cannot certify that the following equipment complies with the Federal
Highway Administration Buy America requirements under 23 CFR 635.410 requiring a domestic
manufacturing process for any steel or iron products (including protective coatings). Coating includes
all processes which protect or enhance the value of the material to which the coating is applied.
1.
2.
3.
4.
5.
The Buy America certification cannot be made for the following reasons:
Name, Title Company
Date
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NCTCOG and City of Fort Worth-TRN6415
Regional Minor Intersoction Improvement Program
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EXHIBIT E
TXDOT FLOW DOWN PROVISIONS
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NCTCOG and City of Fort Worth-TRN6415
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FLOW DOWN PROVISIONS FROM
TEXAS DEAPRTMENT OF TRANSPORTATION
FUNDING AGREEMENT
1. Civil Rights Compliance
a. Compliance with Regulations: CITY will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the US Department of
Transportation (US DOT), 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: CITY, 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. CITY 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 Exhibit B of 45 CFR Part21.
c. Solicitations for Subcontracts, Includinq Procurement of Materials and Equipment: In
all solicitations either by competitive bidding or negotiation made by CITY 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 CITY of
obligations under this contract and the Acts and Regulations relative to
Nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CITY 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 CITY is in the
exclusive possession of another who fails or refuses to furnish this information, CITY
will so certify to NCTCOG, the Texas Department of Transportation ("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 CITY's noncompliance with the
Nondiscrimination provisions of this contract, NCTCOG will impose such contract
sanctions as it the State or the FHWA may determine to be appropriate, including,but
not limited to:
i. withholding of payments to CITY under the contract until the CITY complies
and/or
ii. cancelling, terminating, or suspending of the contract, in whole or in part.
f. Incorporation of Provisions: CITY 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.
CITY will take such action with respect to any subcontract or procurement as
NCTCOG, the State, or the FHWA may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if CITY becomes involved in, or
is threatened with, litigation with a subcontractor or supplier because of such direction,
CITY may request the State to enter into such litigation to protect the interests of the
State. In addition, CITY may request the United States to enter into such litigation to
protect the interests of the United States.
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2. Disadvantaged Business Enterprise Program Requirements
a. CITY shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any US DOT-assisted contract or in the administration of its
DBE program or the requirements of 49 CFR Part 26. CITY shall take all necessary
and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award
and administration of DOT-assisted contracts.
b. Each sub-award or sub-contract 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
US 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.
3. Federal Funding Accountability and Transparency Act Requirements
a. As a recipient of funds under this Agreement CITY agrees to comply with the Federal
Funding Accountability and Transparency Act (FFATA) and implementing regulations
at 2 CFR Part 170, including Exhibit A. This Agreement is subject to the following
award terms:
http://www.qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and
http://www.qpo.gov/fdsVs/pkq/FR-2010-09-14/pdf/2010-22706.pd .
b. CITY agrees that it shall.
i. Obtain and provide to NCTCOG 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..qov/portal/lpublic/SAM/
ii. Obtain and provide to NCTCOG 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 on-line registration website http://fedgov.dnb.com/webform;
and
c. Report 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
US Securities and Exchange Commission.
4. Single Audit Report
a. CITY 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 CFR200.
b. If threshold expenditures of$750,000 or more are met during the fiscal year, CITY
must submit a Single Audit Report and Management Letter(if applicable) to NCTCOG.
c. If expenditures of less than the threshold during CITY's fiscal year, CITY must submit
a statement to NCTCOG as follows: "We did not meet the$ expenditure
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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, CITY 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.
5. Pertinent Non-Discrimination Authorities
During the performance of this contract CITY, 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 USC §2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part21.
b. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 USC §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 USC §324 et seq.), as amended, (prohibits
discrimination on the basis of sex).
d. Section 504 of the Rehabilitation Act of 1973, (29 USC §794 et seq.) as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part27.
e. The Age Discrimination Act of 1975, as amended, (49 USC §6101 et seq.),(prohibits
discrimination on the basis of age).
f. Airport and Airway Improvement Act of 1982, (49 USC 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 ornot).
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 USC §§12131-12189) as implemented by Department of Transportation
regulations at 49 CFR. parts 37 and 38.
i. The Federal Aviation Administration's Nondiscrimination statute (49 USC§47123)
(prohibits discrimination on the basis of race, color, national origin, andsex).
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
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Regional Minor Intersection Improvement Program
DocuSign Envelope ID:FBF0274C-449B-4BFB-8474-5DE54BBD70BD
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).
I. 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 USC 1681 et seq.).
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NCTCOG and City of Fort Worth-TRN6415
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