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HomeMy WebLinkAboutContract 48133 CSJ#0902—90—046 y-- District#02—Fort Worth Code Chart 64#15000 AIG 30'N16 Project: Meandering Rd &LTJG Barnett Rd (Off System) G5jogoRT lv . Federal Highway Administration ��(S�GREf CFDA Title: Highway Planning and Construction CFDA No.#20.205 Not Research and Development STATE OF TEXAS § CITY SFCREMW u COUNTY OF TRAVIS § CONTRACT NO. t�190 ADVANCE FUNDING AGREEMENT For A Congestion Mitigation & Air Quality Improvement (CMAQ) Funding And Metropolitan Mobility & Rehabilitation (TMA) Funding Traffic (OFF-System) and utilizing Transportation Development Credits THIS AGREEMENT 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, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order Number#114491, authorizing the State to undertake and complete a highway improvement generally described as The preliminary engineering for Intersections realignment, traffic signals, roundabout, sidewalks and bike lanes on various locations at meandering road and LTJG Barnett road called the 'Project'; and, WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated InAY 3 , 20 14, which is attached to and made a part of this agreement as Attachment "A" for the improvement covered by this agreement. A map showing the Project location appears in Attachment "B," which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kit and_ rmgd as set forth in this agreement, it is agreed as follows: OFFICIAL RECORD CITY SECRETARY AFA-AFA I_ongGen Page 1 of 14 FT.WORTH,TXI Revised 04/29/2016 CSJ#0902—90—046 District# 02—Fort Worth Code Chart 64#15000 Project: Meandering Rd &LTJG Barnett Rd (Off System) Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.#20.205 Not Research and Development AGREEMENT 1. Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work Design and Environmental phases realign intersection and add traffic signals at Roberts Cut Off, construct that includes roundabout, signalized intersections, vehicle and pedestrian illumination, sidewalks and bicycle lanes / path. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in the Project Budget—Attachment "C, which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Government, or other parties are shown in Attachment "C. The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. B. 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 focal Government Project Procedures and 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. C. The Project cost estimate shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local Project. If the Local AFA-AFA—LongGen Page 2 of 14 Revised 04/29/2016 CSJ#0902—90—046 District#02—Fort Worth Code Chart 64#15000 Project: Meandering Rd &LTJG Barnett Rd (Off System) Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No. #20.205 Not Research and Development Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. E. The Local Government will be responsible for all non-federal or non-state participation costs associated with the Project, otherwise provided for in this agreement or approved otherwise in an amendment to this agreement. Where Special Approval has been granted by the State, the Local Government shall only in that instance be responsible for overruns in excess of the amount to be paid by the Local Government. F. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction cost. G. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation." The check or warrant shall be deposited by the State and managed by the State. The funds may only be applied by the State to the Project. H. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. I. The State will not pay interest on any funds provided by the Local Government. J. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local Project, unless this agreement is terminated at the request of the Local Government prior to completion of the Project. K. If the Project has been approved for a specified percentage or a "periodic payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the specified percentage or the periodic payment schedule. L. If the Local government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. M. When Special Approval has been granted by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State's written notification of those amounts. N. 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 investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state AFA-AFA LongGen Page 3 of 14 Revised 04/29/2016 CSJ#0902—90—046 District#02—Fort Worth Code Chart 64#15000 Project: Meandering Rd &LTJG Barnett Rd (Off System) Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.#20.205 Not Research and Development auditor with access to any information the state auditor considers relevant to the investigation or audit. O. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. 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. Q. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this agreement. 4. Termination of this Agreement This agreement shall remain in effect until the project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 7. 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 before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for AFA-AFA_LongGen Page 4 of 14 Revised 04/29/2016 CSJ#0902—90—046 District#02—Fort Worth Code Chart 64#15000 Project: Meandering Rd &LTJG Barnett Rd (Off System) Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.#20.205 Not Research and Development 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 a transportation 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 Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this agreement. B. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation. C. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. D. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this Project. E. Before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Texas Accessibility Standards and ADA All parties to this agreement shall ensure that the plans for and the construction of all projects subject to this agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for AFA-AFA LongGen Page 5 of 14 Revised 04/29/2016 CSJ #0902—90—046 District#02—Fort Worth Code Chart 64#15000 Project: Meandering Rd & LTJG Barnett Rd (Off System) Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.#20.205 Not Research and Development participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. The State will use its approved contract letting and award procedures to let and award the construction contract. C. Upon completion of the Project, the party constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. D. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 13. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. 14. 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: AFA-AFA_LongGen Page 6 of 14 Revised 04/29/2016 CSJ#0902—90—046 District#02—Fort Worth Code Chart 64#15000 Project: Meandering Rd &LTJG Barnett Rd (Off System) Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.#20.205 Not Research and Development Local Government: State: Assistant City Manager Director of Contract Services City of Fort Worth Texas Department of Transportation 1000 Throckmorton Street 125 E. 11th Street Fort Worth, Texas 76102-6312 Austin, Texas 78701 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. 15. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or 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, and agents. 17. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. AFA-AFA_LongGen Page 7 of 14 Revised 04/29/2016 CSJ #0902—90—046 District#02—Fort Worth Code Chart 64#15000 Project: Meandering Rd &LTJG Barnett Rd (Off System) Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No. #20.205 Not Research and Development 19. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. 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, the Federal Highway Administration, as they may be amended from time to time. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, 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 45 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 shall be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. AFA-AFA LongGen Page 8 of 14 Revised 04/29/2016 CSJ #0902—90—046 District# 02—Fort Worth Code Chart 64#15000 Project: Meandering Rd & LTJG Barnett Rd (Off System) Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.#20.205 Not Research and Development D. Information and Reports: The Local Government shall 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 Federal Highway Administration 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 shall 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 Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancellation, termination, or suspension of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (E) 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 Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance provided, however, that in the event an Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Local Government may request the Texas Department of Transportation to enter into such litigation to protect the interests of the State; and, in addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 24. 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. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. AFA-AFA_LongGen Page 9 of 14 Revised 04/29/2016 CSJ# 0902—90—046 District#02—Fort Worth Code Chart 64#15000 Project: Meandering Rd &LTJG Barnett Rd (Off System) Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.#20.205 Not Research and Development 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. 25. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 26. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties 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. AFA-AFA LongGen Page 10 of 14 Revised 04/29/2016 CSJ #0902—90—046 District# 02—Fort Worth Code Chart 64#15000 Project: Meandering Rd & LTJG Barnett Rd (Off System) Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.#20.205 Not Research and Development B. 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 federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. 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. 27. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 28. 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 hftp://www.qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pd . B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows Federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (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 AFA-AFA LongGen Page 11 of 14 Revised 04/29/2016 CSJ #0902—90—046 District# 02—Fort Worth Code Chart 64#15000 Project: Meandering Rd &LTJG Barnett Rd (Off System) Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.#20.205 Not Research and Development ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 29. 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 fiscal year, the Local Government must submit a Single Audit Report and Management Letter(if applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/inside-txdot/office/audit/contact.htmi. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 30.Non-Discrimination Provisions A. Relocation Assistance: 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. B. Disability: a. 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. b. Titles II and III of the Americans with Disabilities Act, which prohibit 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 the Department of Transportation regulations at 49 C.F.R. parts 37 and 38. C. Age: The Age Discrimination Act of 1974, as amended, (42 U.S.C. § 6101 et. Seq.), prohibits discrimination on the basis of age. D. Race, Creed, Color, National Origin, or Sex: a. The Airport and Airway Improvement Act of 1982 (49 U.S.C. § 4.71, Section 4.7123), as amended, prohibits discrimination based on race, creed, color, national origin, or sex. b. The Federal Aviation Administration's Nondiscrimination state (4 U.S.C. § 47123) prohibits discrimination on the basis of race, color, national origin, and sex. c. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et. seq.), prohibits discrimination on the basis of sex. d. Title IX of the Education Amendments of 1972, as amended, prohibits discrimination because of sex in education program or activities (20 U.S.C. 1681 et. seq.). AFA-AFA LongGen Page 12 of 14 Revised 04/29/2016 CSJ #0902—90—046 District#02—Fort Worth Code Chart 64#15000 Project: Meandering Rd &LTJG Barnett Rd (Off System) Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.#20.205 Not Research and Development E. Civil Rights Restoration Act: 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 and 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. F. Minority Populations: Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non- discrimination against minority and low-income populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. G. Limited English Proficiency: 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 Engineer must take reasonable steps to ensure that LEP persons have meaningful access to its programs (70 Fed. Reg. at 74087 to 74100). 31. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA-AFA_LongGen Page 13 of 14 Revised 04/29/2016 CSJ #0902—90—046 District# 02—Fort Worth Code Chart 64#15000 Project: Meandering Rd $LTJG Barnett Rd (Off System) Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No. #20.205 Not Research and Development THIS AGREEMENT IS EXIECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT APPROVED AS TO FORM AND LEGALITY: Signature Jesus J. Chapa CITY ATTORNEY Typed or Printed Name MA+C C. - Z .� Asst. City Manager Title ®� F Date 0 0 mmy, J.Osii, Ci a THE STA TEXASGoo Alr 7 -�O� AS Kenneth Stewart Director of Contract ervices Texas Department of Transportation Date OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX AFA-AFA_LongGen Page 14 of 14 Revised 04/29/2016 CSJ#0902—90—046 District#02—Fort Worth Code Chart 64#15000 Project: Meandering Rd &LTJG Barnett Rd (Off System) Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No. #20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE AFA-AFA_LongGen Page 1 of 1 Attachment A A Resolution NO. 4625-05-2016 A RESOLUTION AUTHORIZING THE EXECUTION OF AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $1,000,000 FOR THE DESIGN AND ENVIRONMENTAL PHASES TO RECONSTRUCT MEANDERING ROAD FROM ROBERTS CUT-OFF TO LTJG BARNETT ROAD AND LTJG BARNETT ROAD FROM MEANDERING ROAD TO THE EAST GATE OF THE NAVAL AIR STATION FORT WORTH JOINT RESERVE BASE AND TO INCLUDE INTERSECTION, STREETLIGHT, PEDESTRIAN AND BICYCLE IMPROVEMENTS. WHEREAS, the Texas Department of Transportation, North Central Texas Council of Governments, Tarrant County, City of Fort Worth, City of River Oaks and Naval Air Station Fort Worth Joint Reserve Base identified the need to reconstruct Meandering Road from Roberts Cut-Off Road to LTjg Barnett Road, which is within the city limits of River Oaks, and LTjg Barnett Road from Meandering to the east entrance to the Naval Air Station Fort Worth Joint Reserve Base, which is within city limits of Fort Worth; and WHEREAS, the North Central Texas Council of Governments (NCTCOG) — Regional Transportation Council (RTC) has coordinated with these stakeholders to identify improvements needed to increase westbound capacity with additional roadway capacity, intersection improvements, street lights, and bicycle and pedestrian enhancements; and WHEREAS,NCTCOG—RTC has identified Federal funding in the amount of$1,000,000 for design and environmental phases of the project;and WHEREAS,the stakeholders requested that City of Fort Worth lead and manage the project; and WHEREAS, the City of Fort Worth has agreed to lead and manage the design and environmental phases of the reconstruction project at no cost to the City of Fort Worth; and WHEREAS, On February 21, 2015, the Texas Transportation Commission passed Minute Order 56423 that provides for the development of, and funding for,the Meandering Road[LTjg Barnett Road project; and WHEREAS, the City of Fort Worth desires to enter into an Advance Funding Agreement with the Texas Department of Transportation for the City of Fort Worth to conduct design and environmental phases for the reconstruction of Meandering Road from Roberts Cut-Off Road to LTjg Barnett Road and LTjg Barnett Road from Meandering Road to the east gate of the Naval Air Station Fort Worth Joint Reserve Base to increase capacity with additional roadway, street light, bicycle and pedestrian improvements. ORTWORT -LJ NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH THAT: The City Manager is hereby authorized to execute an Advance Funding Agreement with the Texas Department of Transportation in the amount of $1,000,000 for the design and environmental phases to reconstruct Meandering Road from Roberts Cut-Off Road to LTjg Barnett Road and LTjg Barnett Road from Meandering Road to the east gate of the Naval Air Station Fort Worth Joint Reserve Base. Adopted this 3`d day of May, 2016. �ORr4 a off,°°°°°°°°�ya�d ATTEST: X�°° °°O p P�o° c��� 8 d B y: �r ��^A°°°°° °°o° T� 4 r00000 4 p Mary J. ilj �s er, Cit Secretary a dtm7u'o ; oxr110-0RT CSJ#0902—90—046 District#02—Fort Worth Code Chart 64#15000 Project: Meandering Rd &LTJG Barnett Rd (Off System) Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.#20.205 Not Research and Development ATTACHMENT B LOCATION MAP SHOWING PROJECT MAYOR AND COUNCIL COMMUNICATION MAP EAN1 ERING ROAD W,TQM rI I.tF 4t 1 �7TN EVA r./31T 11 7b'�b OSAGE FA�rT !Y'�� at LOMO w -TPP FLakerh 4 ! ! AP 'YVr;r-x •y,t syr C.ISFOIND,_ 7& � 8i '; « n� � •TN 'flt s un+ -r ys aryl aTrr l , W% A p Q }- y S !'L r7uY v F� � T �� ���`' Ku►MAry � µtw �.:ell Q �-;C�� '� � � u F'A3a]er�4 NMKFY moo ', I1�� NATTIE ' ._ E1 cAMPOr V <. 3...I ,""' .:i .,, 13 Lake�``.,arias DIAZ rs ® ALL f,n BYW DOD 1 rte" 17 etrwrw � ,,�: ®$, kl L160lr r{ C a � t �Tt, tT Yr` _ �9 ti`} ' 1�_ ."If E 1!Q Lake aun�e i 3 ' surE[w TrAt !! ' ` POTENTIAL FORT F ROUNDABOUT' Ft1YER' GI VV01" IOAKS cwas - �� _'� � - o►wsoow w EAST G;%T€�r a�•? ' � . �. 6 =&W Sm ' oR ti I _ - DETAIL OF PROJECT LOCATION Meandering Road rwrr a ...+wr....w.�r.��r r.wr+re..wrrrr..or+r l.r.+rrrrr so`r nwi�r...r.r..r�r r rr.rrr r AFA-AFA—LongGen Page 1 of 1 Attachment B CSJ #0902—90—046 District#02—Fort Worth Code Chart 64#15000 Project: Meandering Rd &LTJG Barnett Rd (Off System) Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No. #20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET Costs will be allocated based on 100% Federal funding and 0% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Description Total Federal State Local Estimated Cost Participation Participation Participation % Cost % Cost % Cost Engineering $800,000 100% $800,000 0% $0 0% $170,000 11 Local Government Environmental $150,000 g00% $150,000 0% $0 0% $30,000 Local Government "I Subtotal $950,000 $950,000 $0 $200,000 Preliminary Engineering $40,247 100% $40,247 0% $0 0% $0 Direct State Cost Environmental $9.750 g00% $9,750 0% $o o% $o Direct State Cost Right of Way $1 900% $1 $0 $0 Direct State Cost Utilities Direct $1 100% $1 $0 $0 State Cost Construction $1 100% $1 $0 $0 Direct State Cost Indirect 6.38% $60,610 0% $0 100% $60,610 0% $0 State Cost S ubtota 1 $110,610 $50,000 $60,610 $0 TOTAL $1,060,610 $1,000,000 $60,610 $0 Transportation Development Credits (TDCs) in the amount of 200,000 will be used for the Local Government's contribution of$200,000. Total Reimbursable Costs = $ 950,000.00 Local Government's Participation = $00 AFA-AFA LongGen Page 1 of 1 Attachment C M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F0 " COUNCIL ACTION: Approved on 5/3/2016 -Ordinance No. 22194-05-2016 & Resolution No. 4625- 05-2016 REFERENCE 20MEANDERING ROAD/LTJG DATE: 5/3/2016 NO.: C-27708 LOG NAME: BARNETT ROAD RECONSTRUCTION CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Adopt Resolution Authorizing Execution of a Funding Agreement with the Texas Department of Transportation in the Amount of$1,000,000.00 for the Design and Environmental Phases to Reconstruct Meandering Road/LTjg Barnett Road and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution authorizing execution of a Funding Agreement in the amount of $1,000,000.00 with the Texas Department of Transportation for the design and environmental phases to reconstruct Meandering Road/LTjg Barnett Road; 2. Authorize the acceptance of federal funds in the amount of$1,000,000.00 through the Texas Department of Transportation for the project; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Capital Projects Federal Fund in the amount of$1,000,000.00. DISCUSSION: Meandering Road is one of the primary roadways that provides access to the Naval Air Station Fort Worth, Joint Reserve Base (NAS Fort Worth, JRB) for military personnel. Meandering Road serves as a vital connection to the east gate entrance of the base through the cities of Fort Worth and River Oaks. This 1.4 mile connection of roadway was identified in the Planning Livable Military Communities Study recently conducted by North Central Texas Council of Governments (NCTCOG) as a candidate for near-term reconstruction due to the capacity demand accessing the base, security and safety needs of the base, deteriorating pavement conditions, confusing intersections and lengthy vehicle back-ups during military reserve and national guard training weekends. Over the past 18 months, local government and military partners have worked to develop preliminary design concepts for reconstruction of Meandering Road to increase westbound capacity with additional roadway capacity, intersection improvements, street lights and bicycle and pedestrian enhancements. NCTCOG has programmed $1,000,000.00 in the Dallas-Fort Worth Transportation Improvement Program (TIP) to complete the full Plans, Specification and Engineering (PS&E) design and environmental clearance of ultimate improvements along Meandering Road/LTjg Barnett Road. To effectively move this important improvement forward,the City of Fort Worth has been asked to lead this design and environmental clearance effort working in close coordination with the City of River Oaks, Tarrant County, NAS Fort Worth and the NCTCOG through a Local Project Advance Funding Agreement(LPAFA) with TxDOT in the amount of$1,000,000.00. Conceptual cost estimates for the reconstruction of Meandering Road range from$10 to $15 million dollars. The City has been assured that funding to support construction and any needed right of way will http://apps.cfwnet.org/council_packet/mc review.asp?ID=22152&councildate=5/3/2016 9/13/2016 M&C Review Page 2 of 3 come from regional funding sources other than the City of Fort Worth given that the primary goal of the project is a regional effort to serve the military facility. The Regional Transportation Council (RTC) has committed that the NCTCOG, working with funding partners, will fund the construction improvements following completion of design and environmental by the City (see attached letter from RTC). The projected budget for the design and environmental phases: DESCRIPTION FEDERAL STATE CITY TOTAL Engineering $ 600 000.00 $0.00 $0.00 $ 600 000.00 Environmental $ 150,000.00 $0.00 $0.00 $ 150,000.00 State Costs $ 70,000.00 $0.00 $0.00 $ 70,0000.00 Contingency&City Staff $ 180 000.00 $0.00 $0.00 $ 180 000.00 TOTAL: $1,000,000.00 $0.00 $0.00 $1,000,000.00 Staff recommends adoption of the attached resolution authorizing a Funding Agreement in the amount of $1,000,000.00 with Texas Department of Transportation for the design and environmental phases to reconstruct Meandering Road/LTjg Barnett Road. No City of Fort Worth funding is required for the implementation of this Agreement. The anticipated start date for design is July 2016 with a completion date of December 2017 and the anticipated start date for environmental is January 2017 with a completion date of January 2018. This project is located in COUNCIL DISTRICT 7 and City of River Oaks, Mapcso 60Q, 60R and 61 N. This contract will be with a governmental entity, state agency or public institution of higher education: Texas Department of Transportation. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, execution of funding Agreement with TxDOT and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Grant Capital Projects Federal Fund. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 1 31001 0200410 4341008 xxxxx 002330 $1,000,000.00 3 31001 0200410 5330500 xxxxx 002330 $820,000.00 3 31001 0200410 5310350 xxxxx 002330 $180,000.00 FROM Fund Department Account Project Program Activity Budget Reference# I Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Todd Estes (5448) David Jodray (2891) http://apps.cfwnet.org/council_packet/mc review.asp?ID=22152&councildate=5/3/2016 9/13/2016 M&C Review Page 3 of 3 ATTACHMENT 20MEANDERING ROAD-LTJG BARNETT ROAD RECONSTRUCTION 31001 AO16.docx MAP MEANDERING ROAD.pdf Resolution Meandering Rd LTJG Barnett Rd(Rev4.21.16).docx http://apps.cfwnet.org/council_packet/mc_review.asp?1D=22152&councildate=5/3/2016 9/13/2016